Knife Seized by CBSA, deemed 'prohibited'

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May 13, 2013
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Hi All!

So, after receiving over a dozen custom knives from various stores and makers in the US, I finally have my first problem. Naturally, it would happen with one of my most expensive purchases.

To make a short story even shorter, CBSA has determined that the knife sent to me is one that can be opened by centrifugal force and of course, therefore falls under the 'prohibited' weapons category. The knife in question is a Semi-Dirty Diesel by Enrique Pena. Very surprised they came to this conclusion but who knows what criteria they really use. Could be a border officer who just shook the s*it outta it till it opened, maybe loose pivot etc.

Anyway, the options are: 1. Appeal, 2. Abandon 3. Export back to US

I'm going with appeal of course but just wondering if anyone has experience with this before? I contacted Enrique to ask him for any info on this knife to help show them it's just a normal flipper and not actually prohibited. I'm assuming the detent on it is maybe too light and they shook it out, but again, I've had a bunch of knives with a light detent and never had a problem before.

Sigh, what a pain. Anyway, any help or suggestions ya'll have would be great. Kind of a lot of money tied up in it just to have them confiscate it
 
Ya its a damn pain. Seems so arbitrary to. If it was $50 benchmade I'd still appeal but ultimately not really care. This is a tad more expensive sadly...
 
Ah, but how about...sword canes?
Perfectly legal all across Canada, but not all across the USA. ;)

Haha that's right, who doesn't love a good sword cane??

Contacting CBSA tomorrow to see what's going on... or more specifically, the PIU (Prohibited Importations Unit).
 
I would export back to the US. When you do show up at the appeal the deck will be well stacked against you with an expert witness.

So you'll probably take a hit on the freight; that's not as bad as a total loss.

Then once it's out of the CBSA's hands you can review with the maker other options. Maybe there's a dealer up here; maybe it can ship to a post box and self import (not smuggle, big difference).

I guess the real hinge point in this will be if you appeal, and then loose the appeal are you able to return it to the US? If you can and you're patient it could be worth rolling the dice. If on loss of appeal they just destroy it I'd find another way.
 
I would export back to the US. When you do show up at the appeal the deck will be well stacked against you with an expert witness.

So you'll probably take a hit on the freight; that's not as bad as a total loss.

Then once it's out of the CBSA's hands you can review with the maker other options. Maybe there's a dealer up here; maybe it can ship to a post box and self import (not smuggle, big difference).

I guess the real hinge point in this will be if you appeal, and then loose the appeal are you able to return it to the US? If you can and you're patient it could be worth rolling the dice. If on loss of appeal they just destroy it I'd find another way.

I'm thinking exporting is the way to go from what I've heard. I'd rather do some paperwork and pay for a carrier etc. then have it abandoned or destroyed. The letter I got said I had to pick ONE option, so I'm assuming that means if I choose appeal and it's denied, I'm screwed. I'll ask just to make sure but I believe that's the way it goes. Otherwise, I'd definitely appeal and then if that was denied, I'd export. Doubt I can try both though :grumpy:

If I can get it moving back to the US I'll feel much better. I'm confident the maker would refund me if he gets it back, or would try and send again, or barring that, I have a family member who lives down there who it could be sent to. I don't mind some hoops as long as I don't have to lose the knife AND my money.
 
Have it shipped to me in Delaware. Then you can take a vacation to pick it up and we can share knife stories.
 
Ah, but how about...sword canes?
Perfectly legal all across Canada, but not all across the USA. ;)

Glad I live in Georgia, where they have to issue a weapons license, which allows me to carry anything but tanks, RPG's, sawed off shotguns, full autos, and explosive devices.
 
I think a tank in GA is a person who puts too much gravy on their grits! You still can't carry one.
 
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Exporting Is absolutely the way to go

I have dealt with this a couple of times - feel free to email me and I will help out if you need - and provide some more info off line

JD
 
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