Federal knife law question

J

jkieffer

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Feb 18, 2007
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I had my left hand amputated after an accident when I was 14. I've been told by a auto-knife dealer that based on the Federal exemption listed below, I can carry an auto knife legally. Is this true? Would it still be true if I have my left arm, but not my left hand (below wrist amputation)? Also, would this Federal exception superceede any local or state laws in effect...meaning can I carry an auto with a 3" or shorter blade in any state & claim Federal immunity, so to speak? What about in a Federal building, where blade length must be 2.5" or less?

Thanks in advance for your responce.

Section 1244. Exceptions

Sections 1242 and 1243 of this title shall not apply to -
(4) the possession, and transportation upon his person, of any
switchblade knife with a blade three inches or less in length by
any individual who has only one arm.
 
The federal law applies only to interstate transport and possession on Federal Property. State and local laws are never superceded by Federal laws. What state do you live in?
 
acourvil said:
While it may be accurate in this context, that is not true in general. There are a number of areas where federal laws pre-empt state laws.
Click to expand...

What's weird is that assuming the law only applies to Federal property, does it over ride the Federal law that states no automatic knives allowed on federal property? At least that is my understanding...ie that auto's are not allowed in gov't buildings, military bases, etc. I guess this is why lawyers make the big bucks. It sounded too good to be true when the guy told me that & I suspect he was just trying to make a sale.
 
If an auto isn't allowed on a military installation , then I know about 40,000 joes breaking it around here right now, including the ones who work in s1 and order the things.
 
The law that bans autos on federal grounds also has exceptions to the law, one of which allows active duty military to carry them. Weapon laws on the Federal level ban certain items and the states in all 50 of them then have more laws banning weapons in addition to the federal bans. The federal laws on switchbaldes regulate their sale and transport accross state lines as merchandise, and their possession on Federally controlled land but they do not cover land under the jurisdiction of states. You can legally carry a switchblade in most of Florida, but walk into a Post Office with it and your a criminal for mere possession.
Check you state laws and see if they have the one arm exception to the law, but almost none have it. Here is Levine's link to state laws on knife possession.....http://www.knife-expert.com/sta-law.htm

If the Federal Law over rule other state and city laws then we could all walk into Walmart and buy a pistol anywhere in the US. Please read the law on your state and the ones you travel to where you carry a knife. As a former NYC LEO, I can't tell you how many times some one was arrested for a crime that they were told was not illegal till it was too late. A jail cell is a really bad place to be in when you realise the guy who told you that did not know the actual law. I would hope that any normal LEO would consider your handicap and at the most let you off with a warning, but in today's law enforcement world, it is all about arrest numbers and a weapons charge is considered a "good" arrest in far too many places these days.....good luck and read the lniks posted above for those states.
 
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Thanks for all the good advice. I came to the same conclusions as I read the state laws. It's really not worth even tempting it. In all honesty, I can get my waved Emerson out & open faster than my BM9050. Also a BM with the axis lock is actually easier to close with one hand than the auto, so in reality it's probably a better choice. I just thought it would be cool to "get one up" on the law so to speak.....but as usual, if it seems to good to be true, it probably is :grumpy:

One thing I wasn't understanding was whether or not Fed law over rules state law. For instance, I'm sure a state cannot pass a law that none of it's citizens can be drafted....maybe because that's a national security issue. Or, the fed marriage law that they keep trying to get passed (or did get passed????). Weren't they trying to do that so that the states couldn't let gays get married?....ie if it was fed law then the states would have to abide by it. I'm sure if a state passed a law that no one in that state has to pay fed income tax, the fed law regarding income tax would over rule, making that law void. My brother is a lawyer (I know, don't hate him) & I'll have to see what he says. But, either way I think you guys are right that the exception I listed above ONLY applies to fed land, so unless I live in a federal park or on indian land, I can't carry it anyway.
 
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