Knife Rights in Jeopardy? Redefinition of Switchblade? Anyone know anything about this?

[RamboLiberal]

I stumbled across this tonight while reading a blog. Any truth to it? Anyone know anything about this and its impact?

U.S. Customs & Border Protection (CBP) has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives, its broad definition of a switchblade would also include one-handed opening knives and could be easily interpreted to cover most other pocket knives, even simple old-fashioned slip-joints.

Note that CBP's interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. This ruling by CBP is NOT limited to just imports. This WILL affect virtually everyone who carries a pocket knife, no matter the type!

Knife Rights has sent a letter to CBP requesting an extension to the ridiculously short 30-day comment period. We need your help to make an impression on CBP. They figured that they could slip this by everyone with little notice. We need to let CBP know that they are not going to get away with it; that we noticed and we are not happy and that we will not stand by while they take away our pocket knives.

http://www.kniferights.org/index.php?option=com_content&task=view&id=76&Itemid=150

[TimesSquareCowboy]

1. I'm prtty sure Kinitting Needle Rights and Nail Clipper Rights can help you with this.

[Mika]

2. OBAMA'S GONNA TAKE OUR KNIVES AWAY!! n/t

[RamboLiberal]

3. Hell I think there is as big a hodge podge of knife laws in states

and localities as gun laws. You can run afoul of knife laws. Much of it was the overreaction to switchblades back in the 50's/60's. Then you had some stupid lawmakers who got their shorts in a twist during the Bruce Lee martial arts craze of the 70's and banned weapons like nunchuks which can put a legitimate martial artist afoul of the law. I was shocked to learn the 2nd amendment case the RW'ers were in a tizzy about involving Sotomayor wasn't about a gun but nunchuks.

I have some one handed opening knifes that can be deployed as fast as a switchblade. Wouldn't surprise me this kind of law would go under the radar.

[krispos42]

9. I have an actual switchblade

A beautiful knife that I can't use!

[jeepnstein]

10. I use mine all the time.

It's a little Benchmade that is the berries for fishing. I usually keep it clipped on my vest so I can get to it to trim line without destroying my teeth.

My work knife is a one-hand opening razor utility knife that would probably also get the ban. It's nuts. They are so common these days I don't know how they are going to justify taking them away.

[RamboLiberal]

17. I have a little automatic push button opener at home

I don't carry with me cause I'm afraid it may be in violation of PA and laws elsewhere. It's not even that long - less than 4 inch blade. Slick and handy little sucker.

[spin]

19. Depends on where you live...

In Florida switchblades are legal to carry if you have a concealed carry permit.

I'm not fond of switchblades so I don't bother to carry one. I prefer the one handed opening knives made by manufacturers such as Benchmade and Spyderco. My son in law and my daughter have carry licenses and carry switchblades. Neither have the really expensive models, Despite the fact that my son in law's knife is a cheap knockoff of a Microtech Scarab OTF, it has stood up to some really hard use. He refuses to carry an expensive knife as he would hesitate to use it to cut wire or as a screwdriver.

And I also like fixed blades like this fine 4" Bark River Classic Lite Hunter, my current EDC.

[Euromutt]

12. Technically, this isn't a law.

It's an agency interpretation of a law, and it's not just wrong, but obviously so. The relevant law, 15 USC 1241 explicitly states:

(b) The term “switchblade knife” means any knife having a blade which opens automatically—
(1) by hand pressure applied to a button or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both.

The Code of Federal Regulations (title 19, section 12.95 expands on this somewhat:

(a) Switchblade knife. “Switchblade knife” means any imported knife, or components thereof, or any class of imported knife, including “switchblade”, “Balisong”, “butterfly”, “gravity” or “ballistic” knives, which has one or more of the following characteristics or identities:

(1) A blade which opens automatically by hand pressure applied to a button or device in the handle of the knife, or any knife with a blade which opens automatically by operation of inertia, gravity, or both;

(2) Knives which, by insignificant preliminary preparation, as described in paragraph (b) of this section, can be altered or converted so as to open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both;

(3) Unassembled knife kits or knife handles without blades which, when fully assembled with added blades, springs, or other parts, are knives which open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both; or

(4) Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof.

It expands upon the original definition to include "precursors" (if you will) as well as the assembled knives, but the criteria are still those from the US Code.

[Euromutt]

13. You can scoff, but...

... one-handed opening folding knives have some important legitimate uses. I carry one with a "combination" edge (the part of the edge closest to the hilt is serrated) to be able to cut through a seat belt in the event I'm in a motor vehicle collision. So it's a little concerning if I can't take my little folder abroad because CBP says I can't bring it back into the country.

[jaxx]

4. omg first the guns and now the pocket knives!

What next....the first born?

[Hoopla Phil]

18. That's the way it IS going in the U.K.

[jody]

5. Such potential abuses are why HR 1022 that gave the Atty. General, unilateral authority to declare

what is an assault weapon is unconstitutional.

I oppose any and all laws that allow an appointed bureaucrat the power to infringe upon inalienable/unalienable or pre-existing rights that do not depend upon a constitution for legitimacy.

For those who are ignorant, SCOTUS said "Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modernforms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding." (Page 8 of Heller)

[one-eyed fat man]

6. Pocket knives

What the hell happened? I understand I am a fossilized Luddite, but it used to be a rite of passage to be trusted with a pocket knife for a boy. I have carried daily either some version of a scout knife or a stock man's knife for just about 60 years. Every day at work it opens mail, packages, cuts string, strips wire, and a countless other tasks. In other jobs and lives a pocket knife has cut time fuze, stripped insulation, clipped coupons, castrated calves, and whittled whistles for grandchildren.

Now the other day while watching the librarian struggle with a recalcitrant plastic wrapper on some periodicals, I produced a little pocket knife and asked if she wanted to use it instead of her teeth and she was aghast. Pretty innocuous little knife, if you ask me.

[pipoman]

7. I think that the concern is with

Spyderco/Benchmade type knives. They can be deployed every bit as fast as a switchblade. The question is, with the millions and millions of these types of knives in circulation from chinese knock offs to the $200+ Benchmades, they are in common use for lawful purposes.


Benchmade


Spyderco

[RamboLiberal]

16. Scary black knives - ooooooh

Like some idiot Dem lawmakers are scared of scary black rifles.

[madeline_con]

28. Redefining a tool into a weapon is the problem here.

Every male I know carries a pocket knife, including my 14 year old son. The other day, my husband was doing something and said, "Damn I left my knife on the dresser."

My son reached in his pocket and said, "Here, just use mine." It's one of those with a blue metal handle, and the blade flips out so you can open it with one hand.

I guess some people just don't get it, they're damn handy to have around. Of course, my kid would end up under the jail if he brought it to school.

[spin]

8. if this ruling s goes into effect, Democrats can expect a backlash from hell...

Many gun owners are convinced that the current administration is interested in restricting and confiscating firearms.

If common pocket knives are suddenly considered "switchblades", then the government will piss off just about every citizen who carries a pocket knife. The gun owners' views about gun confiscation will be reinforced.

Of course, since the new ruling has received attention, the knife forums have simply exploded with posts from members who plan to write their congressmen and express their views in no uncertain terms.

So with all the attention, I doubt if the new ruling will stand.

But even if I am right, the damage has been done.

My question is what idiotic bureaucrat felt revoking the earlier rulings on assisted opening knives was a great idea?

I'm surprised that these common knives carried by almost every knife owner aren't called "assault" knives.

From a post on the Spyderco knife forum:

Beyond that, their significantly expanded interpretation of gravity and inertia knives, also included in the Act, would clearly make one-hand opening pocket knives illegal. Beyond even that clearly excessively broad seizure of authority, we know from past unfortunate experience in many cases over the years that this sort of misinterpretation leads to potential abuse by law enforcement where even the most simple and innocuous Boy Scout folding pocket knife can be opened one-handed by use of dangerous and unsafe tricks, so that these too would be covered under this expanded federal definition. This ruling would therefore make almost all pocket knives subject to being considered switchblades.

The impact of this CBP ruling would go far beyond just imported knives because this "agency determination" will be used by domestic courts and law enforcement to determine what is a "switchblade" under both federal and state laws. Many states do not themselves define switchblades and simply rely on the federal definition and interpretation, which is only found in rulings by CBP. Since interstate commerce in switchblades is prohibited, except under very limited conditions, simply driving across a state line with a pocket knife in their possession would make someone a federal felon.

Knifemaking in the U.S. has enjoyed a renaissance in the past decade or two as the genius and innovation of American knifemakers, designers and manufacturers has created a booming and vital American industry with thousands of exciting new knife designs that improve the function, utility and safety of the lowly pocket knife, one of man's oldest and most useful tools. Millions of Americans have responded to this innovation, creating a vibrant industry. For the most part these are family owned businesses that are American success stories, the core of America's economic strength. This proposal by CBP would destroy all that for no good reason. They don't need a bailout; they just need to be left alone to prosper.
http://spyderco.com/forums/showthread.php?t=38651

For those who may be interested in how knife owners feel visit this forum:
http://www.bladeforums.com/forums/showthread.php?t=649274

[RamboLiberal]

15. Just about everyone in the shooting world I know including cops

carry "tactical folders" clipped to a pants pocket. In fact that is when I decided to get one for myself when I got into pistol shooting and asked one of the guys what the heck that clip was on his pocket. Now I have have 4 good ones & a couple of cheapies I got free. I do like that they can be opened one-handed. And it's great that they lockback. I cut myself a few times with a Swiss Army knife when the blade folded back on my fingers. No fear of that with the lockback.

It would be another stupid move to classify these as switchblades.

[spin]

22. A tactical folding knife clipped on the pocket is an almost certain indication...

that the owner has firearms.

Of course, my experience deals with people in Florida.

[madeline_con]

29. Could be. A lot of guys have the belt clip because their "hog skinner" is too big

to carry comfortably in a pocket. A good majority of them own firearms. Part of the south, and part of Florida, I guess. :shrug:

[Callisto32]

23. The following story is purely heresay

I have a friend that told me he was once accosted by a police officer in London because he used his 3 inch spiderco pocket knife to cut some string off of his clothing. He says he was informed that it was illegal because it locked into place. Truly amazing when safety features become illegal. "If it's too safe you may hurt someone" or something. Anyway... kinda like barrel shrouds, no?

[spin]

24. Nope, carrying a locking folder in public in the U.K is illegal....

the logic is that if a folding knife has a locking blade, it effectively becomes a fixed blade.

A FAQ from the Police National Legal Database (a U.K.web page "intended to reduce the number of non-emergency calls to police forces by providing the answers direct to the public via the Internet".

QUESTION:

Is it illegal to carry a knife around in my pocket?

ANSWER:

It is illegal to carry any sharp or bladed instrument in a public place (with the exception of a folding pocket knife, which has a blade that is less than 7.62 cm (3 inches)).

A lock knife is not a folding pocket knife and therefore it is illegal to carry around such a knife regardless of the length of the blade. A lock knife means a knife which is similar to a folding knife, in that there is a spring holding the blade closed. However, a lock knife has a mechanism which locks the blade in position when fully extended, the blade cannot be closed without that mechanism being released. A lock knife is not an offensive weapon per se (because these knives were made with a specific purpose in mind and not as a weapon). However, possession of a lock knife in a public place without reasonable excuse is an offence.

Possession of a multi-tool incorporating a prohibited blade/pointed article is capable of being an offence under this section even if there are other tools on the instrument which may be of use to a person in a public place (screwdriver, can opener).

The ban is not total, it is for the person in possession of such an instrument to prove on the balance of probabilities that he/she had good reason for its possession. It will have to be genuine, for example, someone back packing across the Lake District may reasonably be expected to have a knife for the preparation of meals. It will be far more difficult to justify on the streets of a city or town, but there will be occasions when someone is genuinely going to a martial arts sport or scout meeting (which is easily checked).

The penalty for committing this offence is a minimum prison sentence of six months, maximum four years and/or a fine.
https://www.askthe.police.uk/content/Q337.htm

[Callisto32]

25. Thanks for the info.

Funny, it basically says "one of the most basic tools that allows for all of the others to be made is illegal." What is next, "it is illegal to use tools." Followed shortly thereafter by "it is illegal to be human." ?

Yes, I know the above punctuation is kinda funky.

[old mark]

27. There are no real "knife laws" other than what each individual

town or city says there is. If a LEO wants to bust you for carrying a Swiss Army Knife, he could probably get away with it.
There is a real need for some overall codification of knife laws in the US to protect civil rights.

mark

[slackmaster]

11. California Penal Code 653k is very clear on assisted-opening knives

They are not considered to be switchblades here, so any such ruling by CBP that they were would contradict state law without the force of federal law to back it up.

[spin]

14. Article from Blade Magazine on the subject...

Assisted opening knives could be reclassified as illegal switchblades if a measure proposed by United States Customs and Border Protection (Customs) becomes law.

On May 21, Customs proposed a revision of what constitutes a switchblade (click here to read the proposal). This new interpretation would deem assisted opening knives, as well as those featuring one-hand operation, illegal per the U.S. Switchblade Act of 1958.

****snip****

If enacted, the Customs proposal would effect the 35.6 million people who own one-hand operation knives, according to the American Knife & Tool Institute (AKTI). Furthermore, Knife Rights indicates roughly 80 percent of all knives sold in the United States use one-hand operation. The knife industry as a whole employs twenty-four thousand people and contributes an estimated $8 billion annually to the economy, according to Knife Rights.
http://www.blademag.com/article/us-customs-seeks-to-prohibit-assisted-opening-knives

[Indy Lurker]

20. Assisted opening knives are not switchblades

They were specifically designed NOT to be switchblades.

Like any other non switchblade, they require you to pull or push on the blade itself to open it.

Assisted opening knives as the name implies have as spring of some kind which makes the opening easier.

I carry a Gerber Fast Draw, which is a nice inexpensive ($35) assisted opening knife with a 440 SS blade. Local law enforcement does not have a problem with it.

[spin]

21. That's an excellent pocket knife...

and the fact that it opens quickly and easily by using only one hand is very useful for everyday use. Plus in a car accident that fact may enable you to use it to cut a seat belt and therefore may save your life.

To any real knife fighter, a folding pocket knife (including a switchblade) is at best a second choice. A fixed bladed knife that is double edged would be a far better choice.

One example:

Boker Applegate-Fairbairn I Fighting Knife

Of course the black version of this knife would be called an "assault" knife.

[Indy Lurker]

26. There's now an assisted opening covert

and a FAST Tanto

[spin]

30. I carried a Gerber Covert as an EDC for years...

It's a great pocket knife and opens in a flash (although it's not assisted opening). Mine is one of the first, is bead blasted and says First Production Run on the blade. The blade is ATS-34 steel.

I replaced it with a Benchmade 710. (I like the security of the axis lock). I actually bought two of these folders, one plain edged and uncoated, the other partially serrated and coated black.



Currently, since I've retired, I carry a Spyderco Endura fully serrated blade.



And a Bark River Classic Lite Hunter 4" plain edged fixed blade.



Obviously, I wouldn't be happy living in the U.K.

[happyslug]

31. Look at the underlying statute, this affects only folding knives which use springs to help open.

http://uscode.house.gov/download/pls/15C29.txt

it defines Switchblades as follows:
Sec. 1241. Definitions

-STATUTE-
As used in this chapter -
(a) The term "interstate commerce" means commerce between any
State, Territory, possession of the United States, or the District
of Columbia, and any place outside thereof.
(b) The term "switchblade knife" means any knife having a blade
which opens automatically -
(1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both

Thus, any federal agency can use its regulatory power to further define the above, but it can not redefine what is defined by the above.

Thus we have the following regulations"

TITLE 19 - CUSTOMS DUTIES

CHAPTER I - BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 12 - SPECIAL CLASSES OF MERCHANDISE

12.95 - Definitions.

Terms as used in 12.96 through 12.103 of this part are defined as follows: (a) Switchblade knife. Switchblade knife means any imported knife, or components thereof, or any class of imported knife, including switchblade, Balisong, butterfly, gravity or ballistic knives, which has one or more of the following characteristics or identities: (1) A blade which opens automatically by hand pressure applied to a button or device in the handle of the knife, or any knife with a blade which opens automatically by operation of inertia, gravity, or both; (2) Knives which, by insignificant preliminary preparation, as described in paragraph (b) of this section, can be altered or converted so as to open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both; (3) Unassembled knife kits or knife handles without blades which, when fully assembled with added blades, springs, or other parts, are knives which open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both; or (4) Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof.

(b) Insignificant preliminary preparation. Insignificant preliminary preparation means preparation with the use of ordinarily available tools, instruments, devices, and materials by one having no special manual training or skill for the purpose of modifying blade heels, relieving binding parts, altering spring restraints, or making similar minor alterations which can be accomplished in a relatively short period of time.

(c) Utilitarian use. Utilitarian use includes but is not necessarily limited to use: (1) For a customary household purpose; (2) For usual personal convenience, including grooming; (3) In the practice of a profession, trade, or commercial or employment activity; (4) In the performance of a craft or hobby; (5) In the course of such outdoor pursuits as hunting and fishing; and (6) In scouting activities.

http://cfr.vlex.com/vid/12-95-definitions-19649112

Now what the agency wants to do is withdraw the following Letter rulings, Ruling the agency have made in the past and now the agency wants to withdraw as no longer valid under the above Statute and Regulations. These are rulings HQ 116315, HQ W116730, HQ H016666, and HQ H032255.

Letter ruling HQ 1161315 overruled Letter Ruling 116219 (dated 2004). Ruling 1161315 ruled that a Fishars knife similar to Fishars already imported "E-Z-Out, Gator and L.S.T. knives" was also NOT a switchblade since it was very similar to the above three knives, none of which is a Switchblade.

Letter Ruling HQ W 116730 from 2006 that ruled that the "Outburst" mechanisms as imported by Columbia River Knife and Tool, even through it was a spring added opening was NOT a switchblade. This permitted the importation of the Koji Hara Ichi, My Tighe and Kommer Full Throttle knives into the US. Please note these were also viewed as similar to the Knives ruled Legal in HQ 1161315 above.

Letter Ruling HQ H016666 (dated 2007) covers to "Tailwind" (model number HD0071) imported by "National Commodity Specialist Division, New York" and it was another knife which used a spring to assist in opening the knife but could NOT open the knife by itself.

Letter Ruling HQ H032255 (dated 2008) involves the "VanHoy Assist" which used "thumb pressure" to assist in opening the knife. This is another spring assisted opening knife which the Letter ruling permitted to be imported.


Now in letter Ruling HQ H043122, the Agency wants to "revoke" the above private letter rulings based on the Anti-Switchblade Act. In this ruling the Agency noted that the use of the term "Utility Knife" is just a regulatory addition NOT in the Statute, thus it can NOT be used to over rule or minimized the ban clearly stated in the Anti Switchblade act. Furthermore given that a spring is what actually open the above knives and with the help of "inertia, gravity, or both" can be completely open by one hand with the use of the thumb button. Thus the agency wants to rule that the above Letter Rulings are invalid and no one should rely on them in the future.

Simply stated, if a spring is used to open a knife, even if only assists in opening the knife it is still a switchblade under the Anti Switch Blade act.

[Indy Lurker]

32. I think you are incorrect.

The key is whether the knife opens "automatically" at the push of a button or device other than the blade, not whether it has a spring.



Every lockback knife has a spring to keep the lock closed. This also causes the snap open once it is over 1/2 way open, but no one would consider it a switch blade.

The statue you site doesn't even mention a spring, except for ballistic knives which shoot the blade out of the handle, and several feet away.

[happyslug]

33. As I pointed out, this is a withdraw of those four Letter Rulings

I suspect it has to do with how these knives open, which is partially spring driven. The spring to hold the blade is position is not the issue, it is the spring that helps the blade open. That spring added by a flick of the wrist probably can open these blades to the locking position. That makes it a Switch Blade under the definition of the Anti Switchblade act.

Read the Act, it defines a Switchblade to include any blade that can be open with one hand. Spring is just one way for it be opened with one hand.

[spin]

34. One handed opening knives...

assisted or not, are VERY common in the U.S.

None of the pocket knives I own require two hands to open. All are commonly sold at Walmart or many sporting goods stores and the internet.

All the pocket knives I own lock when open. In the U.K. a locking blade is illegal as they consider it a fixed blade when opened.

The special exception which exists in the Criminal Justice Act 1988 (s139) for folding knives (pocket knives) is another "common sense" measure accepting that some small knives are carried for general utility however even a folding pocket knife of less than 3" (76mm) may still be considered an offensive weapon if carried or used for that purpose. It was a long held common belief that a folding knife must be non-locking for this provision to apply.

A Crown Court case (Harris v DPP), ruled (case law). A lock knife for all legal purposes, is the same as a fixed blade knife. A folding pocket knife must be readily foldable at all times. If it has a mechanism that prevents folding, it's a lock knife (or for legal purposes, a fixed blade) The Court of Appeal (REGINA - v - DESMOND GARCIA DEEGAN 1998) upheld the Harris ruling stating that "folding was held to mean non-locking". No leave to appeal was granted.
http://www.goxplore.net/guides/Knife_law_(UK)

(Note: if the link doesn't work do a Google search on "knife laws u.k". It should show up as "knife Laws (UK) - Guides)

[happyslug]

36. The fact that they are common does NOT mean they are legal

The Federal Anti-Switch Blade Act clearly defines what is a Switch Blade as that term is used in the Act:

(b) The term "switchblade knife" means any knife having a blade
which opens automatically -
(1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both

Notice #2, operation of the knife that "opens automatically...by operation of inertia, gravity or both. Yes many knives sold since 1958 (When the act was passed) can be opened "automatically...by operation of inertia, gravity or both. Under the Anti-Switch Blade act such knives are illegal. Just read the above Statute and you will see what I mean. Now, apparently Customs set up a regulation that provided an exception for Commercial Knives that can be opened with one hand. This is a long term exception to the above statute, but it has no support in the language of the Act. Someone apparently read the Ruling at issue, the regulations and the statute involved and determined that while the ruling follow the regulations, the ruling did NOT follow the Statute and you can NOT over rule a statute by regulations, you can flush out the statute in regulations to clarify what Congress wanted, but you can not rewrite the statute (that is reserved to Congress). Thus the Private Letter Rulings had to be revoked, they over ruled the clear language of the Anti Switch Blade Act and thus an invalid interpretation of that statute.

Please note the issue is NOT if the knife takes one or two hands to open, but if it can be locked into place (Or otherwise be usable as a knife) by any form of Automatic mechanism which includes the use if inertia is the movement of your hand to get it completely open and usable as a weapon. Most knives with this capability come under the Anti Switch Blade Act and only Congress can change that.

[spin]

38. All depends on where you live...

in Florida, I can carry a assisted opening knife or a one handed opening knife or even a switchblade knife concealed without any problem from the law.

But then, I have a concealed weapons permit. (Note the word weapons ) Many states have concealed firearms licenses but regulate knives in a different manner.


From the Concealed Carry Reciprocity web page of Florida:

(1) While Florida's law allows licensees to carry stun guns, knives, and billy clubs in a concealed fashion, the laws in these states allow for concealed carry of handguns or pistols ONLY, NOT WEAPONS IN GENERAL. Florida license holders are prohibited from carrying other types of weapons while in these states.
http://licgweb.doacs.state.fl.us/news/concealed_carry.html

Without the concealed weapons permit, knife carry in Florida is somewhat of a gray area of the law. It's legal to carry a common pocket knife. The problem becomes the definition of a common pocket knife.

From the law enforcement officers I've talked to, a pocket knife presents no problem if the blade in under four inches and the pocket clip is visible even without a carry permit. Fixed blade knives are also commonly carried in the rural areas and smaller towns of Florida. I carry a four inch fixed blade knife openly and the local law seems OK with that. (I know most of the officers personally.) I would hesitate to carry my fixed blade openly in Jacksonville, Tampa or Miami. Much of the reaction from the law depends on where and who you are and what your intentions are.

But I am not at all unusual in Florida. Most of the men I know and many of the women carry folding knives that will open with only one hand. Before I retired I worked at a large factory in the Tampa Bay area. Many of the employees I worked with carried locking pocket knives.

Pocket knives are not carried primarily as weapons in Florida but as useful tools for daily life and work.

You may find a list of state laws on switchblades to be fascinating. If so visit:
http://www.amatecon.com/switchblade.html Please note the disclaimer at the top of the page.

Another link on switchblades is the Ebay Quick Reference Guide to US State Switchblade Laws:
http://reviews.ebay.com/Quick-Reference-Guide-to-US-State-Switchblade-Laws_W0QQugidZ10000000007130677

Disclaimer: I am not an attorney nor do I play one on TV. Nothing I have stated should be taken as legal advise but is merely based on my personal observation and experience.

[Indy Lurker]

35. my apologies.

I thought you were referring to the actual written law:

TITLE 15 - COMMERCE AND TRADE
CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES

Section 1241. Definitions
The term ''switchblade knife'' means any knife having a blade which opens automatically -
(1) by hand pressure applied to a button or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both.


Ultimately it's up to the courts to interpret the law, not an arm of the excutive branch, such as U.S. Customs & Border Protection.


Definition of automatically: In an automatic manner.

Definition of automatic:

1. Having an inherent power of action or motion.

2. certain things formerly or usually done by hand are done by the machine or device itself; as, the automatic feed of a lathe; automatic gas lighting; an automatic engine or switch.

3. operating with minimal human intervention; independent of external control; "automatic transmission"; "a budget deficit that caused automatic spending cuts"


Clearly assisted opening knives do not open "automatically", that is, by inherent power of action or motion, or by machine, or independent of external controls.

It almost makes you wonder if they read the laws before the decide what they mean.

[happyslug]

37. But the Statute includes the terms "inertia, gravity, or both. "

Thus a flick of a Wrist of the hand that opens the knife by inertia would make the Knife "Automatic" and thus a Switch Blade.

Remember we are NOT discussing what is a Switch Blade, but using the Definition in the Anti Switch Blade Act as to what is a Switch Blade. In that Act the term "Automatic" includes Inertia to the knife that opens the knife. Traditional Switch Blades used a spring, but that is NOT the only type of "automatic" Knife banned under the Anti-Switch Blade Act. Knives that open with a flick of the wrist would also meet that definition even if the blade is a work blade not a stiletto that was the blade in most traditional Switch Blades.

[Indy Lurker]

40. agreeded

But assisted opening knives do not work by gravity or inertia.

Assisted opening knives were designed specifically to comply with the Anti Switch Blade Act.

They will not open by gravity or inertia, and there is no device that releases the blade.

The blade itself must be pulled on for the knife to open. There is nothing "automatic" about it.


As far as other one handed knives go, I've never had one that didn't require the use of a thumb stud. If your using a thumb stud, the knife is not being opened by inertia (or gravity).

The law clearly allows knives with springs, as springs have been in use decades, and the word "spring" is conspicuously missing from the law.

This is simply someone deciding they don't like knives that easily open with one hand, and they're trying to use the switchblade law to outlaw them. It has nothing to do with actual switchblades as defined by the law.

[spin]

39. Democrats need to be sure of one thing on this issue...

if this new restriction takes effect and the Federal government views the most common pocket knives currently sold in the United States as "switchblades", we can kiss our majority in Congress goodbye at the midterm election. Obama will become a one term President.

The Republicans and the NRA will use this issue to reinforce the belief that Obama wants to not only regulate firearms but to confiscate them. All the gun owners and the pocket knife owners will be energized to show up at the polls and vote our party out of power.

I can see the propaganda now. The other side will be saying, "Obama wants to turn this country into Great Britain where guns are illegal and people can only carry an old fashioned pocket knife that can't be opened by one hand and will not lock in place."

This is all we'll be able to own:



And only if it has a tiny blade.

[spin]

41. As I predicted, Obama is getting blamed...

Pocket knives now in feds’ gunsights

6:00 am June 17, 2009, by Bob Barr

Temporarily stymied in its efforts to move a gun control agenda forward because of strong public backlash, the administration of President Barack Obama is shifting its regulatory focus to pocket knives. No kidding. In a little noted proposed regulatory decision issued in May by the U.S. Customs and Border Protection (”CPB”), the administration is seeking to ban the import of any pocket knife that partially opens with a flick of the wrist.

The government is able to reach into the pockets of America’s millions of pocket knife users to limit the type of knife they can own, thanks to a novel and expansive interpretation of the 1958 “Switchblade Knife Act.” This half-century old law prohibited the importation into the U.S.of, or the interstate commerce in, automatic switchblade and stiletto knives. As recently as last August, the CPB interpreted the law with a common sense view, in approving requests by knife companies to import and market new products. Lawful, modern-day pocket knives do not have prohibited, spring-released blades, but many are able to be opened by one hand with a flick of the wrist; and for this reason are very popular, especially with hunters, campers, and handymen. Now, the new administration is moving to revoke “permission” it gave earlier to importers of these popular knives; deciding they are dangerous “switchblades” after all. This is assinine.

If the Obama Administration has its way, such pocket knives will no longer be lawfully imported into the country, and could not be sold or transported in interstate commerce; thus effectively outlawing their sale or shipment.
http://blogs.ajc.com/bob-barr-blog/2009/06/17/pocket-knives-now-in-feds-gunsights/?cxntfid=blogs_bob_barr_blog

[one-eyed fat man]

42. Switchblades and the aircrew

Here's a quick list of National Stock Numbers for switchblade knives currently issued US military aircrews: (Nope you can't buy one, no way, no how. But if you are issued one and lose it, you will sign a Statement of Charges and its cost will be deducted from your pay)

4220-01-546-0478 Benchmade auto 5000SBK switchblade with pocket clip
1095-01-446-4348 Bbenchmade auto 9050 switchblade with pocket clip and carrying pouch
1095-01-456-4457 Benchmade auto 9100 switchblade with pocket clip
5110-00-526-8740 Camillus rigger's knife switchblade with cord cutter orange handle
1095-01-533-9377 Camillus X-18 switchblade switchblade knife with black handle
5110-01-516-3243 Gerber Emerson auto switchblade with pocket clip and carrying pouch
5110-01-516-3244 Gerber Emerson auto serrated switchblade with pocket clip and carrying pouch
1095-01-520-5900 Blackhawk Mark 1 auto switchblade
1095-01-520-5903 Blackhawk Mark 1 auto serrated switchblade
1095-01-521-9343 Blackhawk Keating hornet switchblade
1095-01-521-9358 Blackhawk MPAK fighter serrated switchblade
1095-01-521-9360 Blackhawk Mark 2 plain edge switchblade
1095-01-523-5192 Blackhawk tanto serrated switchblade
1095-01-525-2829 Blackhawk 875 fighter serrated switchblade
1095-01-520-5904 Blackhawk Mark II serrated switchblade
1095-01-522-1055 Blackhawk clip point serrated switchblade
1095-01-525-2823 Blackhawk Harkins Triton serrated switchblade out the front

One of these switchblades is normally in that pouch on the inside of the left thigh on the pilot's flightsuit connected to a long lanyard.

[X_Digger]

43. Found this senate vote on the issue..

"U.S. Sens. John Cornyn, R-Texas, Mark Pryor, D-Ark., and Orrin Hatch, R-Utah, released the following statement after the Senate unanimously passed their amendment to protect the use of pocketknives. U.S. Customs and Border Protection (CBP) had proposed amending and expanding the Switchblade Knife Act of 1958 to include spring-assisted or one-handed-opening knives. The Senators' amendment clarifies that assisted-opening pocketknives are exempt from regulation. "

http://cornyn.senate.gov/public/index.cfm?FuseAction=ForPress.NewsReleases&ContentRecord_id=65889cd4-802a-23ad-4905-afdb879b7b71

And the amendment itself- http://www.govtrack.us/congress/bill.xpd?bill=s111-1437

[spin]

44. Hopefully this will solve the problem, there is one last step...

The amendment to the Federal Switchblade Act has passed in the Senate. Next stop, and last hurdle, will be Conference Committee.

http://kniferights.org/