Customs Says "NO EXTENSION!" - They Want Your Pocket Knives NOW!

[OldDude1]

Greetings:

The CBP creative reinterpretation of what constitutes a switchblade will INITIALLY only effect which knives are permitted for importation into this country and which knives will be regulated by Federal Law. Unfortunately, the federal definition of what they deem a switchblade to be has historically been used by the states in the specific wording of their own state laws proscribing switchblade knives. Some states start with the federal definition and and then add more restrictive limitations. The federal laws regarding what constitutes a switchblade also applies to federal properties and lands located within the individual states boundaries regardless of any local laws which may indicate otherwise. The reinterpretation of current definitions would also, in my limited opinion, cause many American manufactures who currently produce "Concealable, Quick Opening Knives" to substantially reduce or stop their manufacture due to the market being drastically limited to those few states which may not immediately utilize the federal definitions.

Below is an excerpt from the CBP document which MAY indicate the mindset influencing this "reinterpretation".



"...... While style is relevant, it is not of overriding importance. Concealability,
and the ease with which the knife can be transformed from a ‘‘safe’’ or
‘‘closed’’ condition to an ‘‘operational’’ or ‘‘open’’ state are much more important.
The Customs position, which has been supported by court decisions,
is that Congressional intent was to address the problem of the importation,
subsequent sale, and use of a class of quick-opening, easily
concealed knives most frequently used for criminal purposes."

One court case, filed before a sympathetic state judge, and based upon the federal law could eventually result in nullification of your local statutes. This proposed reinterpretation may not effect you immediately but it will effect you eventually.

"If we do not hang together, we shall surely hang separately."

On the other hand what do I know? I'm old and senile. Olddude1

 

[hardheart]

"a class of quick-opening, easily
concealed knives most frequently used for criminal purposes."

except, the most common knife used in violent acts comes straight out of the kitchen, and does not fold. Next on the list of stabbing tools, IIRC, is the screwdriver, also not a folder... or a knife.

 

[Critter]

Our representative in Washington reports he was told that CPB has received 8 Postal Service tubs and estimated 2,000 comments. Knife Rights was told to expect an opportunity to inspect the comments during the second week of July after CBP has had the opportunity to open and classify the comments. Thanks to everyone who made the extra effort to mail in their comments to Customs. One must assume that this is about 7.9 tubs more than they expected.

The fight to protect our Knife Rights and a Sharper Future continues...

 

[Critter]

Greetings:

The CBP creative reinterpretation of what constitutes a switchblade will INITIALLY only effect which knives are permitted for importation into this country and which knives will be regulated by Federal Law. Unfortunately, the federal definition of what they deem a switchblade to be has historically been used by the states in the specific wording of their own state laws proscribing switchblade knives. Some states start with the federal definition and and then add more restrictive limitations. The federal laws regarding what constitutes a switchblade also applies to federal properties and lands located within the individual states boundaries regardless of any local laws which may indicate otherwise. The reinterpretation of current definitions would also, in my limited opinion, cause many American manufactures who currently produce "Concealable, Quick Opening Knives" to substantially reduce or stop their manufacture due to the market being drastically limited to those few states which may not immediately utilize the federal definitions.

Below is an excerpt from the CBP document which MAY indicate the mindset influencing this "reinterpretation".



"...... While style is relevant, it is not of overriding importance. Concealability,
and the ease with which the knife can be transformed from a ‘‘safe’’ or
‘‘closed’’ condition to an ‘‘operational’’ or ‘‘open’’ state are much more important.
The Customs position, which has been supported by court decisions,
is that Congressional intent was to address the problem of the importation,
subsequent sale, and use of a class of quick-opening, easily
concealed knives most frequently used for criminal purposes."

One court case, filed before a sympathetic state judge, and based upon the federal law could eventually result in nullification of your local statutes. This proposed reinterpretation may not effect you immediately but it will effect you eventually.

"If we do not hang together, we shall surely hang separately."

That pretty much sums it up...

 

[TennKnifeman]

Years ago, back in 1983 to be exact, Ted Kennedy proposed a martial arts bill that would ban a number of items, including, in the original draft, "double bladed knives". Thanks to a friend that proposal was leaked, and the Cutlery Collectors Legislative Committee was formed to fight it, headed by Bill Adams then of Atlanta Cutlery, with the support of much of the industry especially Tom Nelson of Collector Arms. We went to Washington knocking on doors and eventually that bill faded away. (But this was legislation, not a customs ruling).

However, our attorney in that case was Stephen Halbrook, who is currently pleading an NRA case before the U. S. Supreme Court on behalf of the NRA. In a conversation he told me that he felt that if the matter was pushed that the '58 Switchblade Act would be overturned if someone had the finances and will to go to the Supreme Court with it.

This may be the time.

Incidentally, Halbrook was the attorney in Oregon vs. Delgado that voided the Oregon Switchblade law, making them legal in Oregon.

I've emailed AKTI and asked if they had been in contact with Halbrook, and one company exc. asked me when I mentioned him, "Who's that?"

 

[p_mcmanis]

In a conversation he told me that he felt that if the matter was pushed that the '58 Switchblade Act would be overturned if someone had the finances and will to go to the Supreme Court with it.

This may be the time.

I would support such a person. However I think the sad truth of the situation is trying to do this would ruin a person's reputation as they got painted unfairly by public opinion. I dont know if any of the producers are that big, that succesful that they could do it even with the possibility of losing.

 

[Obsessed with Edges]

I would support such a person. However I think the sad truth of the situation is trying to do this would ruin a person's reputation as they got painted unfairly by public opinion. I dont know if any of the producers are that big, that succesful that they could do it even with the possibility of losing.

I'd support it too. The negative public opinion regarding switchblades I think is based largely on ignorance about the subject, as well as media-hyped hysterics about 'West Side Story' style gang violence (isn't that how the Switchblade act came about in the first place, back in '58?).

It's ironic to me that if you put a modern, tactical-style switchblade in the hands of a policeman or a soldier or a CUSTOMS agent, it's perceived (and even marketed) as an 'efficient, sophisticated tool for the tactical professional', who presumably is legally able to possess and use it as such (as a TOOL). But if that very same knife is then placed in the hands of a civilian, it's automatically perceived as being used for 'criminal purposes' as an 'illegal weapon'. Think of the cop or soldier at home who uses his trusty switchblade to cut some rope, open a box, strip some insulation from a wire, or trim a hangnail. But, he can't legally hand the knife to his non-cop or non-military son, daughter, father or mother or friend to be used for exactly the same tasks. It's ridiculous.

I'm (perhaps naively) hoping that this CBP proposal mess will highlight the ridiculousness of the whole thing, and make the powers-that-be realize how much time, money and other resources are being wasted in arbitrarily defining 'good knife' vs 'bad knife'. Repeal the Switchblade Act, and move on to more important law enforcement functions like drugs, terrorism, etc.

 

[A. G. Russell]

There is a problem, TOO many congress persons who would support customs today if they could without losing votes. There is no way to get such a bill past the house, much less the senate.

Lets fight the battles we have a chance of winning! If we are lucky and work very hard, CALLING and talking to our congress persons or their assistants, until they agree to support us. See that your friends call and that yoiur family calls We may win this one. When next we have a conservative majority then will be the time to go after the 1958 act.

Support the AKTI http://AKTI.org

 

[p_mcmanis]

There is a problem, TOO many congress persons who would support customs today if they could without losing votes. There is no way to get such a bill past the house, much less the senate.

Lets fight the battles we have a chance of winning! If we are lucky and work very hard, CALLING and talking to our congress persons or their assistants, until they agree to support us. See that your friends call and that yoiur family calls We may win this one. When next we have a conservative majority then will be the time to go after the 1958 act.

Support the AKTI http://AKTI.org

Ill try and keep this very, very shallow so it doesnt become political, but it wasnt by accident that it wasnt repealed last time.

regardless of the party its all about the votes and money and the gun side would drop that platform like a tonne of bricks if they thought doing so would put them back in power. Even now the current side is backtracking on all its promises because the money train is threatening to derail.

 

[Bastid]

Shallow might just illustrate the type of person who can not make the distinction of what is being addressed in this thread.
It might also illustrate a person who thinks their political party actually is concerned about anything other than retention of power and $.

At this point the thread has served its purpose for trolls and the reasonable people trying to do something about the situation.

I am tired of infracting the trolls. I do not like it, so it is being closed and will remain a sticky, until the matter is resolved.

Want to do something beneficial? Write your reps, contribute to the organizations fighting this.