impounded assisted

G

Gshock300

Joined
Feb 1, 2006
Messages
84
Hey guys,

Im in Brisbane Australia and ive just had a buck rush impounded.
Just wondering if anyones had an assisted knife seized before and if youve managed to dispute it and get it back.

apparently.. this is the current legislation in Qld:

Flick knives or similiar device, made of any material, that have a blade folded or recessed into the handle which opens automatically by:

a) gravity or centrifugal force; or
b) pressure applied to a button, spring or device in or attatched to the handle of the device.

I rang customs and the girl said that as she understood it... that meant that there was some sort of device in the handle that helped open the blade and it didnt matter how much it helped.. whether it be 1% or 100% like a flick knife.
I said that to me.. it sounds like the release had to be attatched to the handle of the device ie. button..lever etc.
An assisted knife has to have manual pressure applied to the blade itself which doesnt fall in the same category but she disagreed.

any ideas?

thanks
 
I think you wont get it
customs are a law unto themselves in AU

You may have to go higher up the food chain to get any kind of satisfaction at all .

But I dont like your chances , sorry for your probs mate .
 
Im thinking the blade counts as a device attached to the handle as far as definition goes .
 
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Yep......I had exactly the same thing happen to me, the same law as you quoted but it was for a Kershaw Spec Bump. They wont budge......

In my case, I am a bonafide member of the "Australasian Knife Collectors Club" and all I had to do is to apply for permit to import after the fact, sent in all the paperwork.....got the permission.....went to pick it up from customs and that was that.
 
I would talk to your lawyer. I think that customs is interpreting the law wrong, but that's just my opiniion. I am NOT a lawyer. Then again, it probably isn't worth the cost of involving a lawyer. Or do what 3rdMusketeer did if it works.
 
hey musketeer,

what did you have to say in your paperwork to get them to release your knife?
Theyve also sent me a reclaim item form.

thanks
 
stingray4540 said:
I would talk to your lawyer. I think that customs is interpreting the law wrong, but that's just my opiniion. I am NOT a lawyer. Then again, it probably isn't worth the cost of involving a lawyer. Or do what 3rdMusketeer did if it works.
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that seems to be the central issue. laws are written so they may be interpreted in different ways.

if customs interprets the law one way, and bases their policy on that interpretation, that is what they will enforce.

perhaps a supervisor would interpret the law differently, though i suspect not.

likely, it would have to be interpreted by a court and case law written. then that case law presented to customs through the court system by the lawyer.
 
Never got an AO impounded, but...

I never take mine out of the house.


The laws around here are just too ambiguous, it's not worth it.
Plenty of good knives to carry around, and I can use my Heat to spread cream cheese on a cracker, as I just did.
 
Gshock300 said:
Hey guys,

Im in Brisbane Australia and ive just had a buck rush impounded.
Just wondering if anyones had an assisted knife seized before and if youve managed to dispute it and get it back.

apparently.. this is the current legislation in Qld:

Flick knives or similiar device, made of any material, that have a blade folded or recessed into the handle which opens automatically by:

a) gravity or centrifugal force; or
b) pressure applied to a button, spring or device in or attatched to the handle of the device.

I rang customs and the girl said that as she understood it... that meant that there was some sort of device in the handle that helped open the blade and it didnt matter how much it helped.. whether it be 1% or 100% like a flick knife.
I said that to me.. it sounds like the release had to be attatched to the handle of the device ie. button..lever etc.
An assisted knife has to have manual pressure applied to the blade itself which doesnt fall in the same category but she disagreed.

any ideas?

thanks
Click to expand...

You should have asked her to explain how a thumb stud attached to the blade was a button in the handle.
 
rottwang said:
You should have asked her to explain how a thumb stud attached to the blade was a button in the handle.
Click to expand...


Good point. The law is clear, I don't know why so many officials have a hard time understanding it.
 
shootist16 said:
Good point. The law is clear, I don't know why so many officials have a hard time understanding it.
Click to expand...

one problem, and i encounter this often, is you are asking a non-expert on knives to determine on your particular knife what is or is not a "mechanism". technology is ever changing, and though we keep up on it, the vast majority of people do not.

how we here interpret that will be different than someone who is a layman re: knives, though not the appropriate law.

many laws are actually unclear, purposefully, leaving room for interpretation.
 
Gshock300 said:
Flick knives or similiar device, made of any material, that have a blade folded or recessed into the handle which opens automatically by:

a) gravity or centrifugal force; or
b) pressure applied to a button, spring or device in or attatched to the handle of the device.
Click to expand...

Canadian law says:
"a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife "

And AOs are legal. So my guess is it should be legal.
 
I have about 30 AOs and all but two can be flicked open by gravity or centrifugal force.....They would most likely win if they could flick it open reguardless if it is designed to be open ed via a assited opening mechanism....
 
MORIMOTOM said:
many laws are actually unclear, purposefully, leaving room for interpretation.
Click to expand...

This is true. As a LEO though I hate that. I want laws that are very specific. Specificity makes them easier to enforce and less likely to be abused.
 
tom19176 said:
I have about 30 AOs and all but two can be flicked open by gravity or centrifugal force.....They would most likely win if they could flick it open reguardless if it is designed to be open ed via a assited opening mechanism....
Click to expand...

This is an important point, if they get tongue tied on the auto/button question then they go to plan "B" the centrifugal point and get you anyway......such is life......
 
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