join a knife rights group or possibly lose your knives..

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[FONT=&quot]I am a member of a couple knife rights groups. Here is an email from one that is alarming and a call to action.
There are millions in the NRA and need to be in order to fight off the gun grabbers. There are only thousands of us in knife groups and the knife grabbers are just as focused it seems.

Knife Rights News Slice Vol. 2 Number 4

This newsletter is emailed to Knife Rights members and news media. If you prefer not receiving these emails from Knife Rights, please email: dritter@kniferights.org and ask to be removed.

A digital copy of this News Slice can be found online at: http://www.kniferights.org/index.php?option=com_content&task=view&id=81&Itemid=1

The U.S. Government Is Trying To Take Away Your Pocket Knives!

The U.S. Government is after your Pocket Knives! In a sneak attack, U.S. Customs has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposal would not only outlaw assisted opening knives, its overly broad new definition of a switchblade would also include all one-handed opening knives and most other pocket knives!

Knife Rights is geared up to help win this fight, but we cannot do it without your help, your emails, your letters. The fight can only be won if we raise enough hell that they are convinced they will not get away with this. YOU are the most effective arrow in our quiver, the most powerful cartridge in our gun. [/FONT]
[FONT=&quot]Knife Rights Chairman Doug Ritter will be Tom Gresham's guest this Sunday on Tom's nationally syndicated Gun Talk radio show. The topic will be this Customs' proposal. Doug will explain the 63-page document, discuss the potential ramifications for law-abiding knife owners in the U.S., as well as how you can help Knife Rights defeat this over-reaching by Customs. [/FONT]
[FONT=&quot]Doug will appear as the first guest, starting at 1:00 PM Central Time. Some stations, including Sirius/XM satellite, carry the show on a delayed basis. Check at www.GunTalk.com for times and stations. [/FONT]
[FONT=&quot]Read on for the whole story and how you can make a difference and save your Knife Rights.

Knife Rights was formed three years ago because we knew it was only a matter of time before there would be a major attempt to take away our knives, as has occurred in England, Europe and elsewhere. Up until now, the battles have been fought at state and local legislative levels, such as the recent scare in Hawaii: < http://www.kniferights.org/index.php?option=com_content&task=view&id=72&Itemid=29 >. It has been a battle of a million little cuts. Little did we guess that the first major battle at a national level wouldn't come head on, but with government bureaucrats trying to sneak it by everyone, avoiding a more conventional legislative battle, which they'd likely lose.

U.S. Customs & Border Protection (CBP) just a bit over two weeks ago on May 21st proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives, its new broad definition of a switchblade would also include one-handed opening knives and could be easily interpreted to cover most other pocket knives, even simple old-fashioned slip-joints. At this point, one-hand opening and assisted opening knives are 80% of U.S. knife sales (per AKTI industry sources). For most knife companies, they represent all or the majority of their product lines. These are the knives Americans take with them to work and to play everyday.

Note, please, that CBP's interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. This ruling by CBP is NOT limited to just imports. This WILL affect virtually everyone who carries a pocket knife, no matter the type!

CBP came up with this absurd proposal and then tried slipping it into their regular notices, apparently hoping nobody would become aware of until too late. They provided for only the minimum 30-day comment period, and there's no email comments allowed. Obviously, they'd just as soon not hear from us. We're intending to disappoint them in that.

CBP's proposal which would have effects far beyond that suggested in the title of the proposal, "Proposed Revocation Of Ruling Letters And Revocation Of Treatment Relating To The Admissibilty [sic] Of Certain Knives With Spring-Assisted Opening Mechanisms," which would be bad enough even if it only did that. However, this proposal would make it illegal for the estimated 40 million law-abiding Americans who own and carry pocket knives to do so. It would also cost this country dearly in destroyed businesses, lost jobs and ruined families. Thousands of jobs and billions of dollars would be lost. CBP clearly appears to not have considered the consequences of this unnecessary, inappropriate and even illegitimate action. Since CBP is not required to consider the effects of their actions, only Congress or the courts can rein them in. If left to the courts, the industry and our rights will be devastated and America will lose much, regardless of who wins the legal fight.

The definition of what is a switchblade has been clear and settled for the most part since the Federal Switchblade Act was passed in 1958 and has been reaffirmed by many years of legal decisions. The Act is very clear that a switchblade must have an activating button on the handle. Without a button, it is not a switchblade and this has been upheld by numerous cases on many levels over the years. CBP's convoluted reasoning in their proposal to reach back beyond the law and to expand their regulatory purview by rationalizing "intent" as justification for this new interpretation is a stretch, at best, and illegitimate at worst. It simply doesn't meet the common sense test.

CBP's reaching beyond the clear language of the Act in making this proposal is particularly questionable and irreconcilable because it flies in the face of virtually unanimous recent state court rulings (including several cases in California, Texas, Illinois and Michigan) where the issue of assisted-opening knives has already been decided in favor of the existing clear interpretation, that they are not a switchblade. They cherry-picked a few bizarre and untypical rulings from New York state from some years ago to provide support for their proposal, ignoring the many more recent rulings.

For CBP to ignore this overwhelming existing body of law is inexcusably arrogant and borders on a reckless abuse of their power. For them to suddenly do an about face is akin to moving the goalposts after starting the game, and then completely changing the rules of the game besides, making every play ever devised illegal.

Beyond that, their significantly expanded interpretation of gravity and inertia knives, also included in the Act, would clearly make one-hand opening pocket knives illegal and according to industry sources, 80% of pocket knives sold today are one-hand or assisted openers. Beyond even that clearly excessively broad seizure of authority, we know from past unfortunate experience in many cases over the years that this sort of misinterpretation leads to potential abuse by law enforcement where even the most simple and innocuous Boy Scout folding pocket knife can be opened one-handed by use of dangerous and unsafe tricks, so that these too would be covered under this expanded federal definition. This ruling would therefore make almost all pocket knives subject to being considered switchblades.

The impact of this CBP ruling would go far beyond just imported knives because this "agency determination" will be used by domestic courts and law enforcement to determine what is a "switchblade" under both federal and state laws. Many states do not themselves define switchblades and simply rely on the federal definition and interpretation, which is only found in rulings by CBP. Since interstate commerce in switchblades is prohibited, except under very limited conditions, simply driving across a state line with a pocket knife in their possession would make someone a federal felon.

Knifemaking in the U.S. has enjoyed a renaissance in the past decade or two as the genius and innovation of American knifemakers, designers and manufacturers has created a booming and vital American industry with thousands of exciting new knife designs that improve the function, utility and safety of the lowly pocket knife, one of man's oldest and most useful tools. Millions of Americans have responded to this innovation, creating a vibrant industry. For the most part these are family owned businesses that are American success stories, the core of America's economic strength. This proposal by CBP would destroy all that for no good reason. They don't need a bailout; they just need to be left alone to prosper.

The knife industry tells us they employ nearly 24,000 Americans and have a nearly 6 billion dollar annual impact on our nation&#8217;s economy. If this proposed ruling is allowed to stand, thousands of jobs will be lost at the direct cost of billions of dollars. That doesn't even begin to cover the enormous cost to the country of those that would become unemployed, the ruined businesses, foreclosed homes, years of litigation by both industry against CBP and who knows how many criminal trials and appeals as law-abiding Americans fight this abusive attempt to take away their knives, as well as many other devastating unforeseen effects of this ill-considered proposal. Thousands of American citizens&#8217; lives would be ruined. Millions of Americans would be impacted. The cost would be tragically huge, more so because it is neither necessary, nor desired by the vast majority of Americans.

We are in for the fight of our lives to save our Pocket Knives and our essential Knife Rights. We can only win if you do your part. You have to write!

Our first step is to convince CBP that we deserve more time to respond. Knife Rights has sent a letter to CBP requesting an extension to the ridiculously short 30-day comment period:

http://www.kniferights.org/CBP-extention_request_FINAL.pdf

We need your help to make an impression on CBP. They figured that they could slip this by everyone with little notice. We need to let CBP know that they are not going to get away with it; that we noticed and we are not happy and that we will not stand by while they take away our pocket knives.

We need you to write CBP NOW! Their 30 day deadline is fast approaching and these letters must go via postal mail (or Fedex/UPS). Click below for a Model Letter you can send to CBP. You MUST write TODAY!

http://www.kniferights.org/index.php?option=com_content&task=view&id=79&Itemid=29
or
http://tinyurl.com/q7w8tm

However, the reality is that CBP isn't required to listen to our demands, but they do have to answer to Congress. After you send a letter to CBP, giving them notice they are not going to sneak this by us, the next step is to inundate Congress with emails and letters.

If you want to be free to carry your pocket knives in the future, you need to write your Senators and Representative TODAY! Click below for a Model Letter you can send to Members of Congress. Only your efforts will stop this and save our Knife Rights!

http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29
or
http://tinyurl.com/qqvmns

We have prepared a Communicating with Congress page that includes tips to maximize the effect of your letters. This page was developed after consultation with experts who understand exactly how to get your message across to Members of Congress. We have also included easy links to find your Representatives, if you don't know who they are or the best way to reach them. How much of an impact your communication has can be significantly impacted by how and what you write. Our aim is to help maximize your impact so your Members of Congress actually listen and do something. PLEASE, click the link below and take a few minutes to review our Communicating with Congress page BEFORE you act.

http://www.kniferights.org/index.php?option=com_content&task=view&id=77&Itemid=29
or
http://tinyurl.com/opbyt2

Help us stop this ill-conceived effort by CBP before it puts thousands of more Americans out of work and destroys one of America&#8217;s oldest industries, causing great harm to our nation and many American families. Help us stop these faceless, heartless bureaucrats from destroying our essential American freedoms. This nation has many more important issues that need our attention and energy in this time of crisis.

NOW IS THE TIME WE MUST DO BATTLE! WE HAVE NO TIME TO WASTE.

GET ON YOUR COMPUTERS AND SEND THESE LETTERS and EMAILS.

Write Customs & Border Patrol NOW!

http://www.kniferights.org/index.php?option=com_content&task=view&id=79&Itemid=29
or
http://tinyurl.com/q7w8tm

Write your Senators and Representative TODAY!

http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29
or
http://tinyurl.com/qqvmns

Join Knife Rights and help support the fight to keep your Knife Rights!

http://www.kniferights.org/index.php?option=com_acctexp&task=register
or
http://tinyurl.com/qnu988

DO IT NOW! DO IT TODAY! DON'T WAIT!

Thank you very much for your support!


[/FONT]
[FONT=&quot]Doug Ritter
dritter@KnifeRights.org

Have you signed up? Go to: www.KnifeRights.org
Protecting your right to own and carry knives and tools
[/FONT]
 
I have just completed and mailed my letter to Customs. I found the 'sample' letters a little more inflammatory than I prefer so I changed some of the language.
 
Below is the letter I've just sent to my U.S. Representative Tim Walz, who happens to be from the same city I live in. I've removed a couple of the sales numbers because they don't need to be posted in a public forum.


6/6/09

Rep. Tim Walz
1722 Longworth House Office Building,
District of Columbia 20515-2301

Dear Representative Walz

RE: U.S. Customs & Border Protection Proposed Revocation of Ruling Letters and Revocation of Treatment Relating to the Admissibilty [sic] of Certain Knives with Spring-Assisted Opening Mechanisms

Mr. Walz,

First, this is not a form letter. These are my own thoughts and words.

Simply, I need your help with a regulation change being considered by the U.S. Customs Agency.

I live in North Mankato, MN. I operate a small home based business that sells supplies to the hobby and professional knife maker. I also carry and use pocket knives on a daily basis. From your background and life experiences in the Midwest and Minnesota, I am sure you are more than familiar with how utterly useful a pocket knife can be. I will tell you there is also a thriving industry for knife makers much like woodworkers, that enjoys the creative outlet knife making provides.

Currently there is a U.S. Customs & Border Protection (CBP) rule proposal that will very significantly affect the entire knife industry in a negative way. This rule change throws out decades of legal definitions around what constitutes different types of knives. This action will greatly restrict knife sales and adversely impact this industry. This is especially onerous when we are at a time when governmental agencies should be looking for ways to enhance commerce and not regulate it out of existence. The U.S. Customs & Border Protection (CBP) has provided for public comment on this regulatory definition change but has allowed only 30 days for public comment. This is entirely too short of time to solicit comment on a issue that is, I admit, not a front page news issue. This definition change will however quite certainly affect the estimated 40 million Americans that own and carry knives that can be opened with one hand.

The U.S. Customs & Border Protection has also declared they will not accept email on this matter. In today's age, not accepting email is simply a way of avoiding public feedback by declaring the occasional 'email campaign' to be non-representative. I would suggest email campaigns are representative and is the 'new way' of conducting feedback for the democratic process. To me, declaring email as not open for consideration is an unacceptable way to serve the interests of the public.

Please take just a moment to visit my personal knife making web site: www.mickleyknives.com
You will see knife making is not the threat that CBP proposes but their regulatory action will make much of this hobby largely illegal through a non-legislative or judicial process. As a Federal agency, this change in definition creates 'de-facto' law as a legal precedent to be referred to in any future prosecutions around knives and knife ownership. It is not at all a stretch to see this legal definition by a government enforcement agency used as a basis to make all one handed opening knives illegal.

If you would, take a moment to view my small business web site at: www.usaknifemaker.com
The small business I have over $xxx dollars invested in will eventually be so adversely impacted by this action that I will end up losing my entire investment and will have to close the business. Currently I expect my annual sales to top $xxx this year. My projections are to grow to $xxx in annual sales in 2 years based on my current sales trends and increases over last years sales. I have plans to relocate this small enterprise to a warehouse facility in the Mankato area in the next couple of years and to hire my first employee(s) in next year as my sales increase. I honestly can't see that happening if this change is pushed through by the CBP.

I am asking you to consider communicating to the DHS Secretary Napolitano and Jayson P. Ahern, Acting Commissioner, U.S. Customs and Border Protection U.S. Customs & Border Protection (CBP) on my behalf.
• Please ask them to extend the public comment period. This regulatory act will affect a $6billion industry that employs an estimated 24,000 people. A 30 day comment period is simply insufficient time to inform 40 million Americans their knives may be declared illegal by a governmental enforcement agency without their input.
• Please ask them to revise their policy on not accepting emails from the general public. It is amazing that a government agency would restrict input from the public by accepting only USPS mail on this matter. Imagine trying to tell your constituents that you would not accept email. It is simply an unacceptable way to serve the needs of the public.
• Please take the time to consider why this agency is setting aside decades of legal precedent at both state and Federal levels by ignoring the legislative and judicial process and creating 'de-facto law' by administrative decree designed to be stealthy and arbitrary.

It is estimated 80% of knives currently made or sold have what could be considered one handed opening mechanisms. Under the current proposed regulations, nearly all of the pocket knives I use or carry on a daily basis would be deemed illegal. In turn, this also means all of my customer base essentially disappears with the stroke of a pen.

• There is no compelling need to re-write the definition as it is currently written. The CBP reasons 'switchblades' need further regulation. These one handed opening mechanisms have been effectively regulated since 1958. There is no need for revision of current regulations.

The CBP is not required to consider the effects of their actions but Congress can. As my elected representative Mr. Walz, you can influence this agency to better understand the consequences of their actions.

I would be happy to visit you personally on this matter during your next return trip home from Washington to Mankato. We can share a cup of coffee and I can give you additional insight into the knife making hobby and to the knife making industry.

I appreciate your time and consideration.


Tracy Mickley
owner
Midwest Knifemakers Supply, LLC
42112 Kerns Drive
North Mankato, MN 56003

mobile#: 507-382-2439
 
I would urge each and every one of you who use what the government would consider a vicious or cool sounding name for you knives like ( blood getter, zombie killer etc) to remove it from your site, especially if you send them a link to your site. This will only serve to give them more ammunition against us. I am going to check my site now.
BB
 
This is exactly the reason I expressed my concerns regarding the KITH and cross border shipping. There seems to be a lot of 'nanny state' things going on lately.
 
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