legality of shipping a balisong to NJ?

M

mr_dove

Joined
Apr 12, 2004
Messages
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I have a Benchmade Morpho listed on craigslist. I was approached by a gentleman who would like me to ship it to him in NJ. I understand that its probably illegal for him to possess the knife in NJ (along with just about any other knife he owns).

What's the legality of me sending it to him?

He says that he has a friend who lives in the same state as me who could act as a go-between. Does that change the legality?

Does law enforcement ever lure people into illegal transactions like this on purpose? I'm a bit nervous about this in general. The buyer seems like a nice guy and even asked me if I was a member of the forum here.
 
Balisongs technically count under Federal Law (15 U.S.C. § 1241) as "switchblades" for purposes of import and interstate commerce. So you mailing it to NJ would technically violate this.

Admittedly, this is seldom or poorly enforced, given the massive number of balisongs imported into and sold throughout the US compared to automatic knives.

When mailing from one US location to another, the mail is largely private and requires a federal warrant to crack open, unlike packages imported from other countries. So it is not terribly likely it would be discovered. However, I cannot in good conscience discount the possibility that the buyer may be a trap.

I think that selling to the friend within the same state is legal (barring some state law forbidding this). But as a CYA you should make it clear that you are selling to him and only him *wink wink*. For example, you can say to the NJ buyer: "I'm sorry, but I cannot sell to you because you are over state lines. However, if you know anyone in [my state] who would like to buy it, let me know."
 
Benchmade will ship them here, I believe. I think you just have to ship them UPS because it's illegal to ship them via USPS for some reason. They're also not specifically mentioned as illegal under New Jersey state law. Like anything else, you can get into trouble for carrying them but I don't think shipping them to NJ is illegal.
 
GWashington1732 said:
Benchmade will ship them here, I believe. I think you just have to ship them UPS because it's illegal to ship them via USPS for some reason. They're also not specifically mentioned as illegal under New Jersey state law. Like anything else, you can get into trouble for carrying them but I don't think shipping them to NJ is illegal.
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Here's the thing though: He's not just shipping it to a person in NJ, he's selling it to a person in NJ. That technically is interstate commerce, but like I said, not likely to get caught, but it could be a trap.
 
Has anyone ever heard of this kind of thing being a trap? I know the government does alot of different kinds of stings but I've never actually heard of one happening. I'm very wary of getting myself info any kind of legal troubles. I can't afford that financially or any other way..

I checked the local address that he gave me for his "friend" who lives in Colorado and it appears to be a geological engineering business of some sort.
 
Hi, Mr. Dove. I'm the guy who bought it. Don't worry, I'm not running a sting operation. :) My friend works for an engineering firm and gave me his work address. In any case though like I said in the beginning, it's totally up to you on your decision to send or not send. I did send funds via PayPal already, however. Thanks.

Also, for the rest of you, I thought carrying and owning are two different things. In other words, aren't I allowed to have possession of automatic knives in my house as
long as I don't carry? That's what I thought... Please clarify for me for those of you
who know.
 
New Jersey is not particularly hostile to knives. We don't even have length limits (except for sales to minors).

Government doesn't run stings on individuals, it runs them on organizations. Too expensive to hassle the little guy.

Go ahead and do the deal.
 
Yes from my understanding it's only for 18 and under it's 4" for a folder and 8" or 12" for a fixed.

For over 18 there's no limit and it says that you need "A reasonable reason for carry" or
something to that effect. Whatever that means.
 
My last reading of the law was 5" blade, 10" overall length (fixed or folder) limits for sale to under 18.
Autos and switchblades, which probably includes balisongs are illegal to carry.
 
Esav Benyamin said:
New Jersey is not particularly hostile to knives. We don't even have length limits (except for sales to minors).
Click to expand...

How hostile people are depends on where in the state you are. In some of those uptight communities up north you can get into trouble for anything. They're not going to examine your mail or anything but I wouldn't recommend that the buyer carry it, it could cause problems.
 
I live in Pompton Plains and the police wave back when we wave to them, and we stop and chat in the street. What hostile?

No, balis are not legal carry. That doesn't make NJ hostile. New York City is hostile.
 
knifezoid said:
Also, for the rest of you, I thought carrying and owning are two different things. In other words, aren't I allowed to have possession of automatic knives in my house as long as I don't carry? That's what I thought... Please clarify for me for those of you
who know.
Click to expand...

Just FYI...

Balisongs are usually lumped in with switchblades and gravity knives when it comes to the law. In NJ, it is illegal to possess or carry them.
http://www.amatecon.com/switchblade.html
http://pweb.netcom.com/~brlevine/nj.txt
 
Correct me if I'm wrong, but doesn't the 2nd amendment allow for
people to have guns in their homes? But then we can't have certain knives?
I have a very limited understanding of these matters (obviously).
 
knifezoid said:
Correct me if I'm wrong, but doesn't the 2nd amendment allow for
people to have guns in their homes? But then we can't have certain knives?
I have a very limited understanding of these matters (obviously).
Click to expand...

The 2a only covers the right to keep and bear arms. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." There are plenty of subsequent laws made as to which guns you can and cannot keep, it's pretty much the same with knives. Laws are a funny animal, you can't live with them, and you can't live without them. If you want to be able to legally possess or carry, you must move to a state which allows it, otherwise you are taking your chances. As long as you arent EDCing it, playing with it in front of family and friends or bragging about it, you won't have much to worry about unless you or the people you live with are acting in a manner that will get your house searched under warrant.
 
Karda, also remember the "in plain sight rule", as many illegal items are discovered when seemingly non crime reasons bring the authorities to your house, as in a medical emerency call for help. Everything I own is legal, but I injured myself the other day lifting weights and ended up driving myself to the hospital and while I was first tempted to call 911, I didn't feel like having several county employees in the house ( I am a former LEO) as my head injury was giving me enough pain, and I did not need any other headaches...lol....They would have wanted to see the weights and ask how I was injured as a part of their "aided card". Had I been cleaning a firearm when injured, or had one in plain sight, then I would have to produce my permit. It may sound silly, but I have pictures of me in full uniform, my PD awards, and old duplicate badges on display on my walls and China cabinet so as to cut down on possible un needed deep inquires.....The many pictures of me with Rudy G helps also....lol
 
tom19176 said:
Karda, also remember the "in plain sight rule", as many illegal items are discovered when seemingly non crime reasons bring the authorities to your house, as in a medical emerency call for help. Everything I own is legal, but I injured myself the other day lifting weights and ended up driving myself to the hospital and while I was first tempted to call 911, I didn't feel like having several county employees in the house ( I am a former LEO) as my head injury was giving me enough pain, and I did not need any other headaches...lol....They would have wanted to see the weights and ask how I was injured as a part of their "aided card". Had I been cleaning a firearm when injured, or had one in plain sight, then I would have to produce my permit. It may sound silly, but I have pictures of me in full uniform, my PD awards, and old duplicate badges on display on my walls and China cabinet so as to cut down on possible un needed deep inquires.....The many pictures of me with Rudy G helps also....lol
Click to expand...
I did forget that, didnt i..:o
Very wise words Tom, and something alot of people never think of until it's too late. Heal well Tom...and please use a spotter!! :eek:
 
Thanks! The steel cable on my lat pull down machine snapped ( a new one too) so a spotter would not have helped, in fact he would have been hurt by the cable breaking. I was hit with the pull down bar on the top of the head---lot of blood for a minute....I stopped the bleeding then drove myself to the hospital.
 
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