New Customs Ruling

CJ Buck

CJ Buck

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Joined
Apr 15, 1999
Messages
898
AKTI has a board meeting and our annual member meeting at the Blade show every year.

This year a very concerning issue was surfaced. Rod Bremer, from Columbia River Knife and Tool (CRKT) shared a letter he had received from Customs that revoked some previous rulings and shared a new interpretation from Customs that will now consider assisted openers as switchblades.

I have not checked www.AKTI.org to see if the letters have been posted yet and there was a very strong call to action delivered at the show this year.

The main concern for the knife industry in general is that this goes far beyond just the importation of assisted openers. The potential exists for language used by Customs being adopted for interstate commerce in the future.

The concept Customs is adding to the interprestation of switchblade law is "Human assisted inertia". This is the language they are using to make assisted openers switchblades. You "assist" the knife into an "inertia" opening state and that is just the same as if you pressed a button to open it.

When you really think about that language, it could be interpreted in the future to mean any folder you can "assist" open half way and flick open the rest of the way "inertia" would then be classified as a switchblade.

In other words...every folder ever made could be considered a switchblade.

AKTI is taking this very seriously. We have a conference call this friday to finalize actions and then it will be up to all of us to contact our legislators and prepare to generate some cash should we need to take this to court.

Please keep checking the AKTI website and here on the forums for updates.
 
Ditto. If necesssary, perhaps we can come up with a standard letter to be sent to one's senators and congressman to let them know that this sort of "ruling" by some bureaucrat at Customs should not be used to take away our right to carry a folding knife.
 
this is posted in legal section also:

From Doug Ritter:

PROPOSED U.S. RULE WOULD MAKE MANY POCKETKNIVES ILLEGAL

This email is just a heads up to Knife Rights members and supporters about a very critical and important development that jeopardizes your right to own and carry pocket knives. PLEASE DO NOT ACT YET! Word is reaching the street via forums and other means and we want to make sure the true facts are known as there are many inaccurate rumors circulating. Many of the emails we have received are inaccurate or full of hyperbole. Any knee jerk or inappropriate reaction will endanger our cause, not help it. Please wait until your organization has developed appropriate and effective responses in order that you are taken seriously by the relevant authorities. I cannot overemphasize how critical this is, DO NOT WRITE YET, PLEASE!

Now, on to the issue:

U.S. Customs just about a week ago proposed revoking earlier rulings and years of precedence that assisted opening knives are not switchblades; that, in and of itself is bad enough. However, the proposed new rule would not only outlaw assisted opening knives, its overly broad new interpretation of what is a switchblade (automatic) knife could also easily be interpreted to include all one-handed opening knives and even most other pocket knives. All knife owners could be impacted by this ill-conceived change to existing policy. We will have much more information on the historical issues and the like in coming days as we organize our response.

Please note that Customs' interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports. This would be a devastating blow to our rights and to the entire knife making community. It has the potential to make criminals of millions of law-abiding citizens and put thousands of workers on the street. This is no joke, this is not just hype, and this is the real thing.

Knife Rights, in cooperation with AKTI and the affected knife manufacturers, is formulating a well-reasoned and effective response. We will all be asking for an extension to the ridiculously short 30-day comment period. We anticipate that some extension will be granted, hopefully for a meaningful period. Part of the reason for the extension is to allow us to adequately inform and advise the millions of knife owners who might be affected. PLEASE DO NOT RESPOND JUST YET. This would be extremely counterproductive. We still have plenty of time to do this right and stop this travesty, but we must proceed intelligently and at the correct time with the best possible arguments. DO NOT JUMP THE GUN!

Within the next week we will post a sample letter and talking points for your use. At that time we will ask you to write and MAKE YOUR VOICES HEARD! Please, do not respond earlier, it will be extremely counterproductive.

In the meantime, we are making the full 63 page document available to you to read for yourself. Again, while we understand your frustration, please do not write just yet.
http://www.kniferights.org/U S C...g Knives.pdf

This is the reason why Knife Rights exists; this is why we formed the organization. We didn't know where or how the attack would come, but we knew it was only a matter of time. We are here for you and will keep you informed.

Doug Ritter
dritter@KnifeRights.org
 
Un believable ,I can't get much sent to Canada now,after this passes i'll be completely shut out for any good knives i like.......but i got a few connections i'll still get mine!
 
As long as it doesn't apply to 110, 112, or slips, I am good. I have all the AO knives I could possibly use.
 
technically, i suspect that any sort of folding knives which display "magical" single-handed-openings with so much as a twitch of a finger would always set the bells ringing... i cherish the freedom of being able to buy fancyful innovations, but somewhere in the back of my mind had me always wondering just when assisted opening folders would no longer be considered a gray area in the matter of perceived legality... I hate to give in but if it goes down, perhaps some due consideration on blade length, or a less than ideal two handed switch activation might be a possible solution to all matters for such folders. the world sure is in a spin these days.
 
A.P.F. said:
As long as it doesn't apply to 110, 112, or slips, I am good. I have all the AO knives I could possibly use.
Click to expand...

This once free county of Freedom of Religion, Freedom of Speech and The Right to Bear Arms has become the land of opression for those who choose to stick up for those rights. Don't you bet for a second that they wont go for your standard lock backs. The more water that is added, the sliprier the slope gets.
 
imafritz said:
This once free county of Freedom of Religion, Freedom of Speech and The Right to Bear Arms has become the land of opression for those who choose to stick up for those rights. Don't you bet for a second that they wont go for your standard lock backs. The more water that is added, the sliprier the slope gets.
Click to expand...

You know, this is something that I have a real problem getting my head around. In the States you have a Constitutional right to keep and bear arms, usually referring to firearms. Compared to Canada, your gun laws are remarkably liberal, whereas here, there is less paperwork buying a house than a pistol. However, our knife laws are very liberal. As long as the sword or knife is visible, there are no federal laws that prohibit it. The only knives that are a no-no are balisongs, switchblades and 'gravity' knives. AO knives are fine.

So, my question is, what is it in the collective psyche of US legislators that fears knives more than bullets? I just can't grok this.
 
What I don't understand is the fear of an AO "knife that can be deployed quickly." Isn't a fixed blade kind of always deployed, yet no hysteria there?:rolleyes:
 
AKTI is having a conference call Friday and we should have our actions spelled out and updated on the AKTI website.

We think that Customs is not interested in the economic issues their rulings create therefore getting legislators to put pressure on customs will be our best bet.

I anticipate that we will develop a letter that can be personalized for each of us to send to our state legislators who do care about economic and social liberties impacts.
 
Knife Rights News Slice Vol. 2 Number 4

This newsletter is emailed to Knife Rights members and news media. If you prefer not receiving these emails from Knife Rights, please email: dritter@kniferights.org and ask to be removed.

A digital copy of this News Slice can be found online at: http://www.kniferights.org/index.php?option=com_content&task=view&id=81&Itemid=1

The U.S. Government Is Trying To Take Away Your Pocket Knives!

The U.S. Government is after your Pocket Knives! In a sneak attack, U.S. Customs has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposal would not only outlaw assisted opening knives, its overly broad new definition of a switchblade would also include all one-handed opening knives and most other pocket knives!

Knife Rights is geared up to help win this fight, but we cannot do it without your help, your emails, your letters. The fight can only be won if we raise enough hell that they are convinced they will not get away with this. YOU are the most effective arrow in our quiver, the most powerful cartridge in our gun.
Knife Rights Chairman Doug Ritter will be Tom Gresham's guest this Sunday on Tom's nationally syndicated Gun Talk radio show. The topic will be this Customs' proposal. Doug will explain the 63-page document, discuss the potential ramifications for law-abiding knife owners in the U.S., as well as how you can help Knife Rights defeat this over-reaching by Customs.
Doug will appear as the first guest, starting at 1:00 PM Central Time. Some stations, including Sirius/XM satellite, carry the show on a delayed basis. Check at www.GunTalk.com for times and stations.
Read on for the whole story and how you can make a difference and save your Knife Rights.

Knife Rights was formed three years ago because we knew it was only a matter of time before there would be a major attempt to take away our knives, as has occurred in England, Europe and elsewhere. Up until now, the battles have been fought at state and local legislative levels, such as the recent scare in Hawaii: < http://www.kniferights.org/index.php?option=com_content&task=view&id=72&Itemid=29 >. It has been a battle of a million little cuts. Little did we guess that the first major battle at a national level wouldn't come head on, but with government bureaucrats trying to sneak it by everyone, avoiding a more conventional legislative battle, which they'd likely lose.

U.S. Customs & Border Protection (CBP) just a bit over two weeks ago on May 21st proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives, its new 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. At this point, one-hand opening and assisted opening knives are 80% of U.S. knife sales (per AKTI industry sources). For most knife companies, they represent all or the majority of their product lines. These are the knives Americans take with them to work and to play everyday.

Note, please, 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!

CBP came up with this absurd proposal and then tried slipping it into their regular notices, apparently hoping nobody would become aware of until too late. They provided for only the minimum 30-day comment period, and there's no email comments allowed. Obviously, they'd just as soon not hear from us. We're intending to disappoint them in that.

CBP's proposal which would have effects far beyond that suggested in the title of the proposal, "Proposed Revocation Of Ruling Letters And Revocation Of Treatment Relating To The Admissibilty [sic] Of Certain Knives With Spring-Assisted Opening Mechanisms," which would be bad enough even if it only did that. However, this proposal would make it illegal for the estimated 40 million law-abiding Americans who own and carry pocket knives to do so. It would also cost this country dearly in destroyed businesses, lost jobs and ruined families. Thousands of jobs and billions of dollars would be lost. CBP clearly appears to not have considered the consequences of this unnecessary, inappropriate and even illegitimate action. Since CBP is not required to consider the effects of their actions, only Congress or the courts can rein them in. If left to the courts, the industry and our rights will be devastated and America will lose much, regardless of who wins the legal fight.

The definition of what is a switchblade has been clear and settled for the most part since the Federal Switchblade Act was passed in 1958 and has been reaffirmed by many years of legal decisions. The Act is very clear that a switchblade must have an activating button on the handle. Without a button, it is not a switchblade and this has been upheld by numerous cases on many levels over the years. CBP's convoluted reasoning in their proposal to reach back beyond the law and to expand their regulatory purview by rationalizing "intent" as justification for this new interpretation is a stretch, at best, and illegitimate at worst. It simply doesn't meet the common sense test.

CBP's reaching beyond the clear language of the Act in making this proposal is particularly questionable and irreconcilable because it flies in the face of virtually unanimous recent state court rulings (including several cases in California, Texas, Illinois and Michigan) where the issue of assisted-opening knives has already been decided in favor of the existing clear interpretation, that they are not a switchblade. They cherry-picked a few bizarre and untypical rulings from New York state from some years ago to provide support for their proposal, ignoring the many more recent rulings.

For CBP to ignore this overwhelming existing body of law is inexcusably arrogant and borders on a reckless abuse of their power. For them to suddenly do an about face is akin to moving the goalposts after starting the game, and then completely changing the rules of the game besides, making every play ever devised illegal.

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 and according to industry sources, 80% of pocket knives sold today are one-hand or assisted openers. 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.

The knife industry tells us they employ nearly 24,000 Americans and have a nearly 6 billion dollar annual impact on our nation&#8217;s economy. If this proposed ruling is allowed to stand, thousands of jobs will be lost at the direct cost of billions of dollars. That doesn't even begin to cover the enormous cost to the country of those that would become unemployed, the ruined businesses, foreclosed homes, years of litigation by both industry against CBP and who knows how many criminal trials and appeals as law-abiding Americans fight this abusive attempt to take away their knives, as well as many other devastating unforeseen effects of this ill-considered proposal. Thousands of American citizens&#8217; lives would be ruined. Millions of Americans would be impacted. The cost would be tragically huge, more so because it is neither necessary, nor desired by the vast majority of Americans.

We are in for the fight of our lives to save our Pocket Knives and our essential Knife Rights. We can only win if you do your part. You have to write!

Our first step is to convince CBP that we deserve more time to respond. Knife Rights has sent a letter to CBP requesting an extension to the ridiculously short 30-day comment period:

http://www.kniferights.org/CBP-extention_request_FINAL.pdf

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.

We need you to write CBP NOW! Their 30 day deadline is fast approaching and these letters must go via postal mail (or Fedex/UPS). Click below for a Model Letter you can send to CBP. You MUST write TODAY!

http://www.kniferights.org/indexphp?option=com_content&task=view&id=79&Itemid=29
or
http://tinyurl.com/q7w8tm

However, the reality is that CBP isn't required to listen to our demands, but they do have to answer to Congress. After you send a letter to CBP, giving them notice they are not going to sneak this by us, the next step is to inundate Congress with emails and letters.

If you want to be free to carry your pocket knives in the future, you need to write your Senators and Representative TODAY! Click below for a Model Letter you can send to Members of Congress. Only your efforts will stop this and save our Knife Rights!

http://www.kniferights.org/indexphp?option=com_content&task=view&id=78&Itemid=29
or
http://tinyurl.com/qqvmns

We have prepared a Communicating with Congress page that includes tips to maximize the effect of your letters. This page was developed after consultation with experts who understand exactly how to get your message across to Members of Congress. We have also included easy links to find your Representatives, if you don't know who they are or the best way to reach them. How much of an impact your communication has can be significantly impacted by how and what you write. Our aim is to help maximize your impact so your Members of Congress actually listen and do something. PLEASE, click the link below and take a few minutes to review our Communicating with Congress page BEFORE you act.

http://www.kniferights.org/indexphp?option=com_content&task=view&id=78&Itemid=29
or
htp://tinyurl.com/opbyt2

Help us stop this ill-conceived effort by CBP before it puts thousands of more Americans out of work and destroys one of America&#8217;s oldest industries, causing great harm to our nation and many American families. Help us stop these faceless, heartless bureaucrats from destroying our essential American freedoms. This nation has many more important issues that need our attention and energy in this time of crisis.

NOW IS THE TIME WE MUST DO BATTLE! WE HAVE NO TIME TO WASTE.

GET ON YOUR COMPUTERS AND SEND THESE LETTERS and EMAILS.

Write Customs & Border Patrol NOW!

http://www.kniferights.org/indexphp?option=com_content&task=view&id=79&Itemid=29
or
http://tinyurl.com/q7w8tm

Write your Senators and Representative TODAY!

http://www.kniferights.org/indexphp?option=com_content&task=view&id=78&Itemid=29
or
http://tinyurl.com/qqvmns

Join Knife Rights and help support the fight to keep your Knife Rights!

http://www.kniferights.org/index.php?option=com_acctexp&task=register
or
http://tinyurl.com/qnu988

DO IT NOW! DO IT TODAY! DON'T WAIT!

Thank you very much for your support!


Doug Ritter
dritter@KnifeRights.org

Have you signed up? Go to: www.KnifeRights.org
Protecting your right to own and carry knives and tools
 
Had a follow up conference call today with AKTI board today.

We are applying all the pressure we can to get the time extension needed to really mobilize grass roots support. We are requesting 180 days. The law firm of Sandler, Travis and Rosenburg in Washington has been retained to coordinate this effort.

NRA is sending a response asking for the extra time and I know both senators from Idaho are getting involved because I dealt with staff for both today.

We hope to know on the extension as soon as this week since the end of next week is the deadline anyways (June 21st is a week from Sunday)

Once we know about the time frame we can then begin gathering and organizing the grass roots support and asking for all the message support we can get.

Again...www.akti.org is being updated daily including downloadable letters and instructions.
 
Someone in defending us would need to know what reason customs banned balisong butterfly and switchblade knives originally (im sure some would), if the initial reason and subsequent reasons for the new proposed laws arent fully understood then the battle may be lost.

If it can be shown that the reason behind previous and or proposed bans can be circumvented easily or undermined by even the most basic of knife designs then any subsequent laws made would be unenforcable and simply serve to make the powers that operate to enforce them look like a joke. (in other words they should see reason "that it is in their best interests not to make laws that cant be enforced")

A good example is here in Australia the importing of double edge dagger knives are banned, but even myself a novice with no knife making skills at all could go and make one in 10 minutes with a grinder, sure it would be a terrible rough looking double edged knife but it would serve exactly the same purpose.

In summary, they are not preventing anything, they havent thought it through, they are making laws that cost millions to enforce and they cant enforce them. It appears to me that many of these laws are made from emotional knee jerk reactions not from any good researched information.
Regards Tim
 
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