Synopsis
Pursuant to the Act of August 12, 1958 (Pub. L. 85623, codified at 15 U.S.C. §§ 12411245, otherwise known as the Switchblade Knife Act), whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined or imprisoned, or both.
The Customs and Border Protection (CBP) Regulations promulgated pursuant
to the Switchblade Knife Act are set forth in 19 CFR §§ 12.9512.103.
In this regard we note the following definitions:
§ 12.95 Definitions.
Terms as used in §§ 12.96 through 12.103 of this part are defined as follows:
(a) Switchblade knife. . . . any imported knife, . . . including Balisong,
butterfly . . . knives, which has one or more of the following
characteristics or identities:
(1) A blade which opens automatically by hand pressure applied to
a button or device in the handle of the knife, or any knife with a blade which opens automatically by operation of inertia, gravity,
or both;
(2) Knives which, by insignificant preliminary preparation, as described
in paragraph (b) of this section, can be altered or converted
so as to open automatically by hand pressure applied to
a button or device in the handle of the knife or by operation of
inertia, gravity, or both;
(3) Unassembled knife kits or knife handles without blades which,
when fully assembled with added blades, springs, or other
parts, are knives which open automatically by hand pressure
applied to a button or device in the handle of the knife or by operation
of inertia, gravity, or both; or
(4) Knives with a detachable blade that is propelled by a springoperated
mechanism, and components thereof.
. . .
PRIOR RULING
We have carefully examined the eight knives which you have submitted.
These knives are substantially similar in operation to the knives in HQ
116315. We find that the subject knives are not switchblade knives within
the meaning of 19 CFR § 12.96(a)(1) in that the blades do not open automatically by hand pressure applied to a button or device in the handle of the knife (there is no opening device on the handle), nor do the knives open automatically by operation of inertia or gravity. We further find that the knives have a blade style designed for a primary utilitarian use within the meaning of 19 CFR § 12.95(c).
(However the prior rulings being reversed did not engage in a lot of analysis over what "inertial opening" means)
NEW RULING / REVERSAL 4/30/09
Knives equipped with spring- and release-assisted opening mechanisms
are knives which require[ ] some human manipulation in order to create or
unleash the force of gravity or inertia which makes the opening automatic. See Taylor, supra. The fact that they differ in design (most if not all are equipped with thumb studs affixed to the base of the blunt side of the blade) from a traditional switchblade (in which the button that activates the spring mechanism is located in the handle of the knife), the spring-assisted mechanisms cause, via inertia, the blades of such knives to open fully for instant use, potentially as a weapon.
The knives at issue open via inertia once pressure is applied to the
thumb stud (or protrusion at the base of the blade), the blade continues in
inertial motion (caused by the combined effect of manual and springassisted
pressure) until it is stopped by the locking mechanism of the knife.
Such knives open instantly for potential use as a weapon. We therefore conclude, in consideration of the authorities and sources Switchblade Knife Act and implementing regulations, that the knives with spring-and release- assisted opening mechanisms, that such knives are described and prohibited
by 15 U.S.C. § 1241(b)(2) and 19 CFR Part 12.95(a)(1).
We therefore find that knives with spring-assisted opening mechanisms
that require minimal human manipulation in order to instantly spring the
blades to the fully open and locked position cannot be considered to have a primary utilitarian purpose; such articles function as prohibited switchblade knives as defined by the relevant statute and regulations.
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This is a tough one
- both spring-assisted and non-assisted flipper knives are manufactured with the intent that they be opened by overcoming inertia. Unassisted knives with thumbstuds or thumbholes could fall within the classification as well, if they have liner-locks or Axis-lock which lend themselves to inertial opening smooth enough to arguably be "automatic." That would be harder to apply to lockback knives however because of the greater resistance that needs to be overcome to open the knife.
- the exemption for "utility" knives offers some hope, but it comes from the CFRs not from the statute, so that's pretty discretionary and hard to challenge. The best way to do so would be to have trade organizations argue that smooth one-handed opening is an important asset in a utility knife. I would guess the rejoinder to be "ok fine one-hand lockbacks provide that without being as scarily 'automatic' as flippers/flickers, so we'll let yu keep the lockbacks."
The best way to address it would be to somehow convince Congress to repeal the switchblade law as dumb and obsolete - but, good luck with that . . . . . .
