Importing autos or shipping across state lines

[RayseM]

This is a continuation of a conversation started on another thread. http://www.bladeforums.com/forums/showthread.php/1470122-Why-are-so-many-AUTOS-such-UGLY-or-at-the-least-BORING-looking-knives?p=16925813#post16925813

Can someone please fill in the accurate info regarding this issue in 2017?


Here is where we left off: (A conversation about the legality of importing automatic knives from overseas... )

Quote Originally Posted by gzb

Unfortunately if the knife is an obvious Automatic, you run the risk of US Customs seizing your new knife... QUOTE]


He has been selling these to US buyers with no issues being reported - as far as I know. Yes - there may be a risk but does it not depend on the state it is being mailed to? From a post in the knife laws forum - "It is legal to openly carry an auto in 35 states, and legal to carry one concealed in 28 states (subject to various conditions)"

Ray

No, it does not. Federal law applies when importing from outside the US or crossing state lines. It doesn't depend on the carrier, either, as some people think.

YES I stand corrected - the law clearly states that no autos/switchblades can be sent through the US mail. It does appear that MacWasil autos can't be legally mailed into the US. That's too bad :grumpy:

BUT - to the issue of interstate transport and your point - "It doesn't depend on the carrier, either, as some people think".

Doesn't the exemption highlighted beow in blue basically say that a common carrier can transport autos? OR does that still imply that no one can SEND/Distribute across state lines but if it happens to be on a UPS truck that's not the fault of UPS but of the sender, aka, KNIFE STORE of your choice? How do knife stores get away with sending these knives?


U.S. Code Title 15 Commerce and Trade
Chapter 29 – Manufacture, Transportation, or Distribution of Switchblade Knives

Section 1241. Definitions

As used in this chapter – (a) The term “interstate commerce” means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof. (b) The term “switchblade knife” means any knife having a blade which opens automatically –

(1) by hand pressure applied to a button or other device in the handle of the knife, or

(2) by operation of inertia, gravity, or both.

Section 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty

Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty

Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

Section 1244. Exceptions

Sections 1242 and 1243 of this title shall not apply to –

(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;


_____________________________________________________________


Thanks for solid clarification.

Ray

 

[glistam]

Hi!

So I have written extensively about this on a page I created. A piece-by-piece explanation of the federal statute is here: http://weaponlaws.wikidot.com/federal-switchblade-law

The site is also home to the now fairly widely circulated 50 state switchblade law list, which I'm constantly updating: http://weaponlaws.wikidot.com/us-switchblade-laws

Long story short, it's illegal under federal law for switchblades to cross state lines if any sort of transaction is taking places (buy, sell, or trade). Transport (carried or mailed) over state lines is not actually against the law in and of itself, but rather is a matter of the state's laws. The exception for "common carriers" is to exempt mailing entities from being lumped into the "commerce" aspect of the law if the mailing is part of a financial transaction.

It is notable that the federal law is very difficult to enforce and in some cases is outright impossible, hence why so many sellers have operated for so long without consequences.

 

[RayseM]

Thanks glistam your explanations are helpful.

Bottom line it seems is that it is a crap shoot as to whether or not you will get caught. It is illegal to knowingly send an auto knife through the mail.

As you write however:

"It is notable that the federal law is very difficult to enforce and in some cases is outright impossible, hence why so many sellers have operated for so long without consequences." These knives are offered for sale all over the web - makes your point.


Thanks again.

Ray

 

[zzyzzogeton]

And watch for news from Doug Ritter, founder of Knife Rights. KR has worked with a US Representative (sorry, forget his name off the top of my head) to introduce a bill eliminating the Switchblade Act. When it gets to the point where citizen inputs can do some good, Doug will probably drop a note in General Knife.

 

[Thomas Linton]

It is (since 1958) a federal felony to cause a "switchblade," or components peculiar to a "switchblade" to be transported across national or state borders regardless of the state of origin or of destination. Any item so unlawfully shipped is contraband subject to forfeiture. It is a separate federal felony to use the U.S. mails for such transportation of a "switchblade."

Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

There are a few, narrow exceptions, one of which is more like an elimination of assisted-opening knives from the definition of "switchblade":

(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;

(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;

(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;

(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; or

(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist or arm to overcome the bias toward closure to assist in opening the knife.

No exception for repairs or returns. No exceptions for "I think it's a stupid law."

 

[tom19176]

Long and short of it is that there are the two federal laws banning sending them across state lines as merchandise. The use of UPS, Fedex or other non USPS takes the violation of the use of the USPS off the table, however you will still break the federal commerce law. Having been in law enforcement, laws can be enforced at anytime to anyone. As with the commission of any CRIME you must decide if it is worth the risk.