Canada Customs "BM 710 Prohibited Weapon"

Originally posted by NI200
You can find all the info on Canada Customs web site. You can download Form (B3?) and even some examples how to fill it up....It took me 3 month to get my Kershaw minitask back. Good luck, you will need it.
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Excellent info about the site, forms and examples. Thx
Good to hear about your Kershaw, all hope may not be lost.
 
My approach with Canada Customs would go something like:

(1) The knife is a commercially manufactured item and is sold in Canada and several US states that have similar definitions of "gravity knife". The manufacturer does not manufacture it as a gravity knife.
(2) I would request a Canada Customs "weapons expert" to examine the knife to ensure the correct criteria were applied to the knife (i.e. flicking without releasing the axis lock).
(3) If the particular knife is still deemed to be a "gravity knife" then it is defective (per #1) and you would like an opportunity to return it to the manufacturer for repair, adjustment, or replacement.

Good luck and please let us know how it turns out.
 
I hate to bring more negativity to this thread, but here goes. First, I have never tried to flick an Axis lock knife open. Can it open without pulling open the lock? You don't normally pull the lock open, then deploy the blade, do you? If not, and you can flick your wrist to open the blade, regardless of how hard it is, then it is illegal. For more info on this, see Section 84 of the Criminal Code of Canada, page 156 of the 2003 edition. Also take a look at page 158, in the annotations. Under the heading "Prohibited Weapons" it clearly states that ANY blade that can be opened by centrifugal force is illegal. It also cleary says this applies even if it was not intended to do so, but does due to wear and tear, or alteration.
So unless the Axis lock absolutely prevents opening by flicking, you won't have much hope of getting the knife back.
That said, I have not actually had a knife go missing from Canada Customs, they just take a long time.
As for the comments of crooked Customs Officers taking knives, please don't generalize. If you know of one who does this, then report him, otherwise you are just adding yourself to the ranks of people who make law enforcement such a difficult job. Nobody likes to be discriminated against, for whatever reason. Do you really think someone with a good, secure career wants to sacrifice it for you piddly knife? Customs guys are just doing there jobs the best they can.
Let's face it, in Canada, with the current laws, right or wrong, most of our folding knives, if not all, are technically prohibited weapons, and could be seized and destroyed. This includes all of your Spydercos, bencmades, MOD, SOG, Gerber, Emerson, Chris Reeve, etc. ANY knife that can be opened with a flick of the wrist. And if they do get seized, is the cop's fault you had it? No. It is yours. Law enforcement agencies DO NOT make the laws. It just their job to enforce them. Parliment makes the laws. Elected officials.
When a drug dealer sends 100 packages of dope through the mail, and one of them gets nabbed, do we blame the cops? I hope not.
I am certinly not saying that I agree with every law, especially when it comes to knives, but that does not mean they don't apply to me. If I contravene one of the laws, and get caught doing so, I will pay the penalty.
Another thing to remember, as someone else stated, don't start saying, "they are widely available at Canadian retailer", because if you do, they soon won't be.
I used to live in Winnipeg, and some gang members had their Spyderco Police models taken away. When they complained about it, saying they were purchased legally in a Winnipeg retailer, guess what? No more Spyderco's. The police were directed to explain to retailer to remove them from the shelves or have them seized, and many were.
Food for thought.
 
Originally posted by Leemah1
Thx RD. I will find out if they are activating the Axis bar prior to flicking it open.
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I own 4 axis lock knives that I have the blade tension tight enough to center the blade when closed, and prevent them from having lateral blade play when opened. They are a 921, 940,941, and 806D2. I can easily flick every one open without touching the axis lock. That is pretty much the way I open my knives, unless I take the time to touch the axis lock and flick it even easier. If they can use any method to open the knife to consider it a centrifugal opening, then good luck getting it back. They won't have any problem flicking it open. Your only hope would be if the previous owner had the pivot so tight that it was difficult to open with the thumb stud or grabbing the blade. I can lock my pivot all the way tight, and can't even flick the knife when holding the axis lock open. However, if they grab the blade and do a "Spydie Drop" opening, then they could probably still get it open. Sounds like you are SOL.:(

Good Luck

Mike
 
Just a quick note, holding the blade and flicking open the handle is not considered prohibited in Canada.
 
Hey Jim...

So basically we are all pretty much Phucked when it comes to pocket knives... :)

Now i'll have to dig out that old Buck 110 because its the only knife that I own that can't be flicked open...:(

Is it possible that this knife can be sent back to the original sender or is it doomed ??

ttyle

Eric....
 
Jim Craig had some good comments on this unfortunate reality we live with.

Good news: fixed blades are 100% legal. I haven't bought a folder in quite some time.

Pierre
 
All I can say is that this is pointless, if they are going to make Automatics, Balisongs and Gravity knives illegal can't they make an exact defination so illegitmate knives can't be mistaken for legit ones!
 
Originally posted by Rev. Pete
(3) If the particular knife is still deemed to be a "gravity knife" then it is defective (per #1) and you would like an opportunity to return it to the manufacturer for repair, adjustment, or replacement.
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Excellent idea. I should start writing these down.

Thx Rev. Pete
 
Originally posted by Medic1210
I own 4 axis lock knives that I have the blade tension tight enough to center the blade when closed, and prevent them from having lateral blade play when opened. They are a 921, 940,941, and 806D2. I can easily flick every one open without touching the axis lock.
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I was going to try the other Axis knives I own, but I think you have answered my question.
Imagine keeping your Axis lock knives so tight you need a torx to open them, just so they can be legal... :rolleyes:
 
Like I said, unless the blade is locked down completely, then it can easily be flicked without touching the axis lock. Even my 921, with a very light blade, is easily flickable. It isn't just the ones with a heavier blade, and the 710 would fall into that category anyway. Unfortunately, I don't believe the knife can be considered defective as Rev Pete suggested, although you might try that route, and send it to Benchmade, and just call them to alert them of the knife shipment. Ask them to tighten the pivot screw as tight as possible without causing damage to it. This would make it virtually impossible to flick open. Then when you get it back, just loosen the screw to the tension you prefer (one that keeps the blade centered and eliminates lateral blade play).

Good luck in getting it back

Mike
 
I'm sorry, my reply is not going to be helpful to you in a practical sense in that it won't help you get your knife back in this particular circumstance.

My suggestion to you is to FIX YOUR COUNTRY in a hurry, 'cause it is SERIOUSLY DEFECTIVE.

You readily pointed out exactly why it is preposterous to prohibit the knife you purchased, because it is available for sale right there on your side of the border. No living person can satisfactorily explain why this knife should not be importable. There is no rational reason. The morons who dream up these asinine laws really ought to be publicly hanged for doing statutory damage to humankind. There is no good faith behind the act of passing laws as senseless as many of the ones you are living under. I understand that your Canadian gun control was supposed to cost only a few million dollars, and now is reaching a BILLION. Yet another preposterous failure.

You should move to the U.S. and try to fend off such laws as they are proposed here. Don't go to California, New York, New Jersey, or Massachusetts, btw. They have already been infected. But I fear it is far too late for Canada to be saved from its own stupidity. Your government is a fraud for having such a stupid and pointless customs ban on your knife. What the hell is the problem with a knife that opens easily? Is it more of a menace if used by a violent attacker than any other knife?? Absolutely not! So what is the benefit of the stupid bans?
 
Originally posted by Jim Craig
As for the comments of crooked Customs Officers taking knives, please don't generalize. If you know of one who does this, then report him, otherwise you are just adding yourself to the ranks of people who make law enforcement such a difficult job. Nobody likes to be discriminated against, for whatever reason. Do you really think someone with a good, secure career wants to sacrifice it for you piddly knife? Customs guys are just doing there jobs the best they can.
Let's face it, in Canada, with the current laws, right or wrong, most of our folding knives, if not all, are technically prohibited weapons, and could be seized and destroyed. This includes all of your Spydercos, bencmades, MOD, SOG, Gerber, Emerson, Chris Reeve, etc. ANY knife that can be opened with a flick of the wrist. And if they do get seized, is the cop's fault you had it? No. It is yours. Law enforcement agencies DO NOT make the laws. It just their job to enforce them. Parliment makes the laws. Elected officials.

Another thing to remember, as someone else stated, don't start saying, "they are widely available at Canadian retailer", because if you do, they soon won't be.
I used to live in Winnipeg, and some gang members had their Spyderco Police models taken away. When they complained about it, saying they were purchased legally in a Winnipeg retailer, guess what? No more Spyderco's. The police were directed to explain to retailer to remove them from the shelves or have them seized, and many were.
Food for thought.
Click to expand...

So now it's not okay to state the truth because once your nanny-state government finds out what's been going on legally under its nose it will put a stop to it? That's absurd. If you don't want your knives taken away by your Big Brother, don't tell people to shut up about having been able to purchase them, ELIMINATE YOUR ASININE LAWS!

As far as what you said about crooked customs officers, and not being willing to lose their jobs over "your piddly knife," consider the fact that one would not steal a person's knife unless he believed there were little chance of getting caught. Duh. If it has come to be understood that a customs officer will get away with it pretty much every time, why *wouldn't* he do it? Great way to get some real expensive merchandise real cheaply. And just HOW do you "citizens" of Canada (I use the term loosely, 'cause you're more like British "subjects," it seems to me these days) even know what goes on behind closed doors at Customs? For all you know it could be a free-for-all.

You offer the Nuremberg defense, I notice, and it still reeks like vomit. "It's just duty. We're just enforcing the laws." Well, the laws suck, they are pernicious daggers that stab at liberty, and what's more, they are completely irrational. What good does it do to ban knives that open quickly when it would be just as easy to carry a FIXED blade? Okay, so carrying a fixed blade over a certain length might be illegal -- like THAT keeps anyone with criminal tendencies from doing it (at least until caught)?!

The long and the short of it is you get the laws you tolerate. And you have a responsibility, if you value freedom, to stand up against those laws that steal it from you. Stop offering pathetic excuses and *FIGHT*.
 
This all has to do with what Customs inspector inspects your knife. I have had a half dozen folders inspected and not one of them was ever impounded. One of those knives was a Darrel Ralph Madd Maxx and that knife could be opened as fast as any auto. Obviously I got lucky. These kinds of arbitrary decisions are left up to the discretion of the Customs inspectors. These types of decisions are very hard to get reversed. The problem is that once the decision is made, the only way to get it reversed is through appeal and that can be time consuming and expensive.

Good luck with getting this knife Leemah1. You can always hope that some common sense is used in making this determination, but don't count on it.
 
Peacefuljeffrey,

Boy you sure stepped on some toes with that one, however true it may be. Talking junk about somebody's country is like coming here and spitting on my American Flag. It would be enough to cause me to go red neck and open a 55 gallon drum of whoopa$$ and pour it on somebody. Even with all our crazy laws, and the gov't trying to take our rights away, you talk junk about my country, and I'm gonna get mad. I imagine that is what our fellow Canuks feel about people talking about their country.

Mike
 
Originally posted by peacefuljeffrey
My suggestion to you is to FIX YOUR COUNTRY in a hurry, 'cause it is SERIOUSLY DEFECTIVE.
Click to expand...

Actually, many states have far more restrictive knife laws than those of Canada.
 
Medic1210,
Is it preferable that I should lie? I feel a certain way about abusive government, and I'm not gonna be shy about it. Sorry. One of the things I'm proud of about living in the U.S. is the fact that I CAN speak my mind. Forget about "opening a drum of whoopass on someone." If someone says something that insults me or my national pride, it's his business and I respect him for speaking his mind. Do you really take it so seriously that you threaten harm to someone if he "disrespects" you? And forget about *you*, he'd be talking about the *country*, not even you. I think the macho attitude of "I'll f*** you up if you talk bad about my country" has got to go. It's juvenile. I may have stepped on toes, yes, but I'm free to do that, and I don't bother doing it unless I believe I'm speaking the truth. If Canadians want to counter with statements about laws being messed up in the U.S., fine. I'll entertain that debate if it comes to it. In the end, WE can buy Benchmade knives freely -- even have them shipped to us from other states. Whose country truly is more messed up than the other's?
 
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