- Joined
- Feb 28, 2011
- Messages
- 27,469
A response from an attorney in the OIG in my state:
Youre right. 15 U.S.C. § 1542 makes it a crime to:
make,
sell, or
transport,
a switchblade knife in interstate commerce. And the statute is still good law. It hasnt been repealed or overturned by a court. Indeed, in 1988, a MinnesotanDouglas John Nelsenwas convicted of violating the Act. See U.S. v. Nelsen, 859 N.W.2d 1381 (8th Cir. 1988).
Importantly, its not illegal to possess a switch blade, its just illegal to sell one in interstate commerce. Courts have interpreted interstate commerce so broadly, that almost every saleincluding sales between a buyer and seller of the same statewill involve interstate commerce.
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If you Google the case, you can read the brief and the decision.
I have a pdf I can email if you'd prefer not to do the Googlefu.
Excerpt:
Nelsen became interested in switchblade knives at an early age. In 1983 he became convinced that the law prohibiting
such knives was unconstitutional, and he began importing them from foreign countries for distribution through his
mail order business, the Crowley Cutlery Company. The Customs Service was able to document numerous knife
shipments to both Nelsen's home and his post office box. Nelsen was indicted, and raised his constitutional
challenges to the Act during pretrial motions before the magistrate. 1 The magistrate recommended rejection of
the challenges which the district court 2 adopted. Trial was held, and the jury returned a verdict of guilty on the
charges now at issue.
That actually confirms exactly what Planterz told you, that it restricts interstate commerce. Which is repeated throughout the email.