Knife Rights' Knife Owners' Protection Act Re-Introduced in Congress - Act Now!

[John_0917]

This is a nice thought, and I support the concept but it is also just about pointless as pointless can be.

A) It will never pass, definitely won't get signed. I would MUCH rather see a repeal of the Federal Switchblade Act.

B) Even if it were to pass and be signed, many states and municipalities would likely ignore it in much the same fashion as they ignore the federal Peaceable Journey statutes that apply to firearms. A number of states (NY, NJ etc) simply ignore PJ laws and arrest people anyway, leaving them the burden of arguing PJ as an affirmative defense. It usually works, but often still results in major costs, incarceration etc. to the accused. Some sue arresting agencies and win, but it's often a pyrrhic victory for them.

 

[Critter]

This is a nice thought, and I support the concept but it is also just about pointless as pointless can be.

A) It will never pass, definitely won't get signed. I would MUCH rather see a repeal of the Federal Switchblade Act.

B) Even if it were to pass and be signed, many states and municipalities would likely ignore it in much the same fashion as they ignore the federal Peaceable Journey statutes that apply to firearms. A number of states (NY, NJ etc) simply ignore PJ laws and arrest people anyway, leaving them the burden of arguing PJ as an affirmative defense. It usually works, but often still results in major costs, incarceration etc. to the accused. Some sue arresting agencies and win, but it's often a pyrrhic victory for them.

And I always thought of myself as a cynic...

A) You are, I believe, wrong in your assumptions. As someone who helped get the fifth exception to the Federal Switchblade Act (FSA) passed by Congress and signed by the current occupant of the White House, I recall a lot of folks telling us that would never get that done either. We'd like to see the FSA repealed as well, but realistically, that is going to take both additional states repealing their bans and the right moment in time. So far we have done 6 ban repeals in the states and now the majority of states have no restrictions on automatic (switchblade) knives. So, we are making good progress. And, by the way, a lot of folks said we would never accomplish that in even one state when we started. I enjoy proving the naysayers wrong.

B) Part of the problem with the existing FOPA law is that various courts have poked holes in it. That we can all agree on. We have taken those lessons and applied them to our KOPA bill so that it will take considerably more ingenuity to find loopholes by which they can abuse honest citizens. Unlike FOPA, KOPA has teeth to defend those who travel under its protection because it also provides penalties for law enforcement, prosecutors and others who ignore the protections provided. Similar to the protections and penalties generally provided in USC 1983 to those whose civil rights are violated, but included within the body of the bill, a falsely arrested citizen can be compensated for the expense of defending themselves from an unwarranted violation of the rights Congress has protected in KOPA. It's not perfect, but it would be a far sight better than what we have now.

 

[John_0917]

And I always thought of myself as a cynic...

A) You are, I believe, wrong in your assumptions. As someone who helped get the fifth exception to the Federal Switchblade Act (FSA) passed by Congress and signed by the current occupant of the White House, I recall a lot of folks telling us that would never get that done either. We'd like to see the FSA repealed as well, but realistically, that is going to take both additional states repealing their bans and the right moment in time. So far we have done 6 ban repeals in the states and now the majority of states have no restrictions on automatic (switchblade) knives. So, we are making good progress. And, by the way, a lot of folks said we would never accomplish that in even one state when we started. I enjoy proving the naysayers wrong.

B) Part of the problem with the existing FOPA law is that various courts have poked holes in it. That we can all agree on. We have taken those lessons and applied them to our KOPA bill so that it will take considerably more ingenuity to find loopholes by which they can abuse honest citizens. Unlike FOPA, KOPA has teeth to defend those who travel under its protection because it also provides penalties for law enforcement, prosecutors and others who ignore the protections provided. Similar to the protections and penalties generally provided in USC 1983 to those whose civil rights are violated, but included within the body of the bill, a falsely arrested citizen can be compensated for the expense of defending themselves from an unwarranted violation of the rights Congress has protected in KOPA. It's not perfect, but it would be a far sight better than what we have now.

A) Your organization has done a lot of good work, especially on the state level, and I applaud you for that unquestionably. I reside in a state in which the law was recently changed (Texas) and I encourage you to continue your efforts here and elsewhere. Correct me if I'm wrong, but the only exceptions recently passed to the FSA were in regards to addressing DHS's opinion that assisted openers constituted "switchblade knives".

B) This is the core of why I argue it will never pass, legislators from states that do not share the same viewpoint on the right to keep and bear arms will be nigh on supporting any measure that will diminish what they see as appropriate restrictions on individuals rights and actions. Additionally, this combines to form a strange confluence with the other side of the equation, legislators from states in which federal control is a generally unwelcome and unpopular concept will not be likely to support additional federal control on this issue. I with you the best of luck and hope for success, but I don't feel this is likely to be successful.

 

[Critter]

A) Your organization has done a lot of good work, especially on the state level, and I applaud you for that unquestionably. I reside in a state in which the law was recently changed (Texas) and I encourage you to continue your efforts here and elsewhere. Correct me if I'm wrong, but the only exceptions recently passed to the FSA were in regards to addressing DHS's opinion that assisted openers constituted "switchblade knives".

B) This is the core of why I argue it will never pass, legislators from states that do not share the same viewpoint on the right to keep and bear arms will be nigh on supporting any measure that will diminish what they see as appropriate restrictions on individuals rights and actions. Additionally, this combines to form a strange confluence with the other side of the equation, legislators from states in which federal control is a generally unwelcome and unpopular concept will not be likely to support additional federal control on this issue. I with you the best of luck and hope for success, but I don't feel this is likely to be successful.

Regarding the 5th exception to the FSA, yes that was in reaction to Custom's attempt to redefine what a switchblade was in reference to assisted-opening folders. The initial rescinding of rulings applied to assisted-opening folders that had previously been ruled not a switchblade, but had they succeeded, their new interpretation of what constituted a switchblade would have covered any one-hand opening folder. As the only place in federal law where switchblades are defined, such a change, essentially redefining as a switchblade any knife that could be opened quickly, would eventually have had serious adverse impact on not just imports, but eventually in other jurisdictions as well.

As to "B," I guess time will tell. We aren't inclined to waste resources on a fools errand. Getting legislation passed in Congress isn't easy and unless there's an emergency, rarely happens quickly. OTOH, persistence does succeed in getting things done there. We are persistent.

 

[floridaclipper]

Let us just hope that more BFC members sent an email to their rep than posted about it in this thread....

+1 I called all my representatives last year re KOPPA and the for Florida preemption for knives. The individual I spoke with said I was only the 6th person to call.

 

[John_0917]

Regarding the 5th exception to the FSA, yes that was in reaction to Custom's attempt to redefine what a switchblade was in reference to assisted-opening folders. The initial rescinding of rulings applied to assisted-opening folders that had previously been ruled not a switchblade, but had they succeeded, their new interpretation of what constituted a switchblade would have covered any one-hand opening folder. As the only place in federal law where switchblades are defined, such a change, essentially redefining as a switchblade any knife that could be opened quickly, would eventually have had serious adverse impact on not just imports, but eventually in other jurisdictions as well.

As to "B," I guess time will tell. We aren't inclined to waste resources on a fools errand. Getting legislation passed in Congress isn't easy and unless there's an emergency, rarely happens quickly. OTOH, persistence does succeed in getting things done there. We are persistent.

I certainly wish you the best of luck and thank you for your efforts.

 

[HJK]

I would like to copy the OP and put it in Political.

 

[wfs29223]

Just a quick FYI. Military personnel and LE can "legally" carry a full auto knife. I personally don't even though being military I am able. I don't see the need to unless in a combat situation. But here is my question. Am I less likely to be detained and knife confiscated being military then the average citizen? Now mind you I carry spring assisted.

 

[zzyzzogeton]

Just a quick FYI. Military personnel and LE can "legally" carry a full auto knife. I personally don't even though being military I am able. I don't see the need to unless in a combat situation. But here is my question. Am I less likely to be detained and knife confiscated being military then the average citizen? Now mind you I carry spring assisted.

Being in the military does not make it legal for you to carry when not on base while in the course of performing assigned duties.

Before Texas legalized switchblades in 2013, if you were in the military and did something which brought you to the attention of a LEO, and were found to be carrying one, extra charges would be added. LEOs didn't go out of their way looking for the switchblades, just finding them during a search because the military person in question had already screwed up, e.g, DUI, PI, Assault, etc.

 

[rooster68]

I'm really glad that people and organizations are out there, to try and help. I just went to the site mentioned by link and signed up too. Keep it up!