Shipping Autos Across State Lines...

Locutus D'Borg

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I live in California. I have ordered Cali-Legal autos from major knife stores before without a problem, but I just tried to order a "hard-to-find" model of the mini-Troodon OTF (Cali-legal) from KnifeCenter and you must sign a statement that you are active duty, etc., with a need for the auto, or in procurement, etc. or they won't ship to another state.

So I researched and found an exception to this law saying you CAN use Fedex or UPS to ship autos across state lines, but not USPS. But I still would have to certify that I am active duty with a need, etc. or they still won't sell it to me.

I really want this OTF (it has a cool light green scale and Tanto blade). No other knife store I called carries it, or will order it. Thoughts?
 
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There is no exception in the Federal Switchblade Act for using Fedex, UPS, etc to ship switchblades to civilians or any individual persons. I used to be under the same misconception, but Kniferights.org set me straight. And since they are directly involved in getting switchblade laws repealed in various states (with several successes), I trust that their lawyers know what they're talking about.

The misconception is that the Federal Switchblade Act prohibiting the shipping of switchblades across state lines applies only to the US Post Office, with "common carriers" mentioned under "exceptions", but that doesn't mean those "common carriers" (Fedex, UPS, etc) are legally permitted to ship switchblades across state lines to any Tom, Dick, or Harry, instead, the "exception" in the Act is intended to provide "common carriers" with protection from prosecution if and when they unknowingly transport switchblades across state lines, and to exempt them from prosecution when they ship switchblades across states lines in relation to an official government contract.

The bottom line is- it is illegal under any circumstances to transport switchblades across state lines for the purposes of "commerce" (buying/selling) UNLESS the person/company doing the selling/transporting is acting in regards to an official government procurement contract.

Also, contrary to popular belief, there are no exceptions for active duty military, members of law enforcement, or people with disabilities. The military can purchase switchblades, and so can law enforcement departments/agencies, but again, the vendors can only sell and ship them LEGALLY to a military branch/unit or law enforcement department/agency with an official government procurement contract.

As far as the forms that Knifecenter and other vendors sometimes require buyers to sign, they are not official government or legal documents, and they have no legal standing or authority whatsoever. They are just an attempt by the vendors to cover-their-ass in the event that they get caught selling/shipping switchblades without an official government contract, so they can say "See, we did everything we could to avoid selling switchblades to the wrong people". But the reality is, those forms won't offer the vendors any protection, because the laws says- no selling or shipping switchblades across state lines without an official government contract. And a vendor would certainly know if they were in possession of an OFFICIAL government contract.

I have never attempted to purchase a switchblade from Knifecenter, I've heard that they are strict about who they sell to. But if they had one I wanted to buy, I'd give it a try. The worst that they could do is deny the purchase. It's not like they're going to call the FBI on you.

I have successfully purchased several switchblades from other online vendors (I live in California too), and those vendors shipped the knives across state lines. To my knowledge, it is the person doing the sending that is violating the law, not the person doing the ordering/receiving. I've seen cases of vendors being prosecuted by the Feds for violating the Act, but I've never heard of a buyer getting prosecuted, and I looked.

DISCLAIMER: I am not a lawyer. When in doubt about the law, consult an attorney who is highly knowledgeable about knife laws. I would also recommend visiting the Kniferights.org website and read their explanation of the Federal Switchblade Act, which is what I put my faith in. I am only human, and their is always the possibility I could be wrong about something.
 
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If I could help ya I would but also hailing from the sunny state. Like Killgar, I've received many an auto from various online dealers with no hangups. Though not law enforcement or a service member, I 100 percent follow all the laws here in regards to possession/carry. I'm VERY surprised Knifecenter wouldn't ship you a "cali-legal" auto, then again perhaps I've never used their services. However, Cali-legal screams CALIFORNIA LEGAL. đŸ€Ł

Just the other day I ordered an auto from an online vender who I believed had used in the past but then after the order, received a cancellation notice. When I inquired they mentioned not being able to sell to California. Suprised, I wrote them back with a more detailed description and explanation of the law and after reviewing, they decided to grant my order valid and in fact just received the knife today. I really think it all depends on the dealer and how they view their risk. SMKW's for example wouldn't even ship me a $15 folding knife that morphed into a push dagger because they don't ship "autos" to California period. Yet they ship to many other states and majority of states. Go figure. Sure wanted that darn $15 knife too for its uniqueness alone.

This variance doesn't just happen with dealers but with fellow members here on the secondary too. Just the other day I was ready to purchase off the exchange a seller's Balisong and agreed to his asking price. I was ready to pay but then received a message asking what state I live in. Once he found out I was in the home of the orange (not Florida) he told me he can't ship the knife here. So another bummer. Yet, I've purchased many an auto (autos and balisongs in same classification) here from other folks in other states with zero issues and zero questions. As such it prompted me to take another look at the laws and can't seem to find any differentiation between an official dealer per se and an individual. Perhaps there is and I over-looked it. đŸ˜©
 
I know the law prohibits the selling of auto knives across state lines. But what if you wanted to send one to somebody as a gift in another state? There wouldn’t be any interstate commerce transaction involved. Would that in theory be legal? I knew it wasn’t legal to ship using the US Postal Service but I was always under the impression that dealers with government contracts could ship to military or law enforcement procurement departments using FedEx or UPS. What if you sold the knives over state lines as unassembled kits? I know it was amended at one point to prohibit kits from being imported, but it never said anything about selling or shipping kits over state lines.
 
While this forum recommends everyone follow the law, I will say this particular law doesn’t seem like it’s been a real priority for the feds in decades. I mean, they have enforced it before, definitely, but it seems like one of those deals where it only comes into effect when they’re going after a business on suspicions of more serious crimes (tax fraud, drugs, money laundering, etc.) and it’s simply used as something to help pile up the charges.
 
I would just order it and keep my mouth shut. Like an above poster said it's done all day long.
 
Have had autos to my house in CA by all systems, UPS, USPS... no worries, buddy.
 
Great info from kilgar and everyone else. Often surprised how some states allow spring assist and not switchblades. No big difference in my book but guess it depends on how the law is defined and written. In my crap state of Ma. some towns or cities might have a special ordinance against certain knives when the rest of the state does not. Surprised years back when I was able to buy a spring assist knife from the local Dick"s brick and mortar joint. Restrictions blow! Too many cool blades out there not to own.
 
There is no exception in the Federal Switchblade Act for using Fedex, UPS, etc to ship switchblades to civilians or any individual persons. I used to be under the same misconception, but Kniferights.org set me straight. And since they are directly involved in getting switchblade laws repealed in various states (with several successes), I trust that their lawyers know what they're talking about.

The misconception is that the Federal Switchblade Act prohibiting the shipping of switchblades across state lines applies only to the US Post Office, with "common carriers" mentioned under "exceptions", but that doesn't mean those "common carriers" (Fedex, UPS, etc) are legally permitted to ship switchblades across state lines to any Tom, Dick, or Harry, instead, the "exception" in the Act is intended to provide "common carriers" with protection from prosecution if and when they unknowingly transport switchblades across state lines, and to exempt them from prosecution when they ship switchblades across states lines in relation to an official government contract.

The bottom line is- it is illegal under any circumstances to transport switchblades across state lines for the purposes of "commerce" (buying/selling) UNLESS the person/company doing the selling/transporting is acting in regards to an official government procurement contract.

Also, contrary to popular belief, there are no exceptions for active duty military, members of law enforcement, or people with disabilities. The military can purchase switchblades, and so can law enforcement departments/agencies, but again, the vendors can only sell and ship them LEGALLY to a military branch/unit or law enforcement department/agency with an official government procurement contract.

As far as the forms that Knifecenter and other vendors sometimes require buyers to sign, they are not official government or legal documents, and they have no legal standing or authority whatsoever. They are just an attempt by the vendors to cover-their-ass in the event that they get caught selling/shipping switchblades without an official government contract, so they can say "See, we did everything we could to avoid selling switchblades to the wrong people". But the reality is, those forms won't offer the vendors any protection, because the laws says- no selling or shipping switchblades across state lines without an official government contract. And a vendor would certainly know if they were in possession of an OFFICIAL government contract.

I have never attempted to purchase a switchblade from Knifecenter, I've heard that they are strict about who they sell to. But if they had one I wanted to buy, I'd give it a try. The worst that they could do is deny the purchase. It's not like they're going to call the FBI on you.

I have successfully purchased several switchblades from other online vendors (I live in California too), and those vendors shipped the knives across state lines. To my knowledge, it is the person doing the sending that is violating the law, not the person doing the ordering/receiving. I've seen cases of vendors being prosecuted by the Feds for violating the Act, but I've never heard of a buyer getting prosecuted, and I looked.

DISCLAIMER: I am not a lawyer. When in doubt about the law, consult an attorney who is highly knowledgeable about knife laws. I would also recommend visiting the Kniferights.org website and read their explanation of the Federal Switchblade Act, which is what I put my faith in. I am only human, and their is always the possibility I could be wrong about something.
Yesterday, while renewing my fishing license here in Florida, I saw a Gerber auto knife (switchblade) in the knife display case in the sporting goods department. Gerber knives are made in Portland, Oregon and as far as I know, Walmart is not a government agency or any type of law enforcement agency. This knife is available for civilian purchase at the Walmart in Vero Beach, Florida. As of yesterday, it was still there. My advice to OP would be to find a dealer who stocks them.
 
Yesterday, while renewing my fishing license here in Florida, I saw a Gerber auto knife (switchblade) in the knife display case in the sporting goods department. Gerber knives are made in Portland, Oregon and as far as I know, Walmart is not a government agency or any type of law enforcement agency. This knife is available for civilian purchase at the Walmart in Vero Beach, Florida. As of yesterday, it was still there. My advice to OP would be to find a dealer who stocks them.

Do you know what model of Gerber it was? Because Gerber sells a variety of assisted-opening knives with switches on the side that make them look like autos (one example pictured below).

In any event, it wouldn't surprise me if there are several stores across the US selling switchblades in states where they are legal to sell, but that doesn't mean those knives were shipped to the stores legally.

I know of a store in Las Vegas that sells a wide variety of switchblades to anyone with money. But the knives they sell weren't made in Nevada.

As far as I know the Federal Switchblade Act is still in effect, it's just not being enforced. Clearly the Feds have more important things to do. The fact that several large online knife vendors are openly selling them is evidence of that. But none of that changes what the Act says, nor does it make an illegal act legal.

Not a switchblade-
WGaoTGq.jpg
 
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Do you know what model of Gerber it was? Because Gerber sells a variety of assisted-opening knives with switches on the side that make them look like autos (one example pictured below).

In any event, it wouldn't surprise me if there are several stores across the US selling switchblades in states where they are legal to sell, but that doesn't mean those knives were shipped to the stores legally.

I know of a store in Las Vegas that sells a wide variety of switchblades to anyone with money. But the knives they sell weren't made in Nevada.

As far as I know the Federal Switchblade Act is still in effect, it's just not being enforced. Clearly the Feds have more important things to do. The fact that several large online knife vendors are openly selling them is evidence of that. But none of that changes what the Act says, nor does it make an illegal act legal.

Not a switchblade-
WGaoTGq.jpg
It was listed as "fast 06" in the display case. Take that for what it's worth, being Walmart. I asked about .223 ammo for my bolt-action Savage Axis varmint rifle. I was told no handgun or "military" ammunition for sale at Walmart anymore per company policy. Saw three boxes of 150 grain 7.62x51 NATO FMJ military ball in the glass ammo cabinet. Guess that doesn't count, right?😁
 
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