Microtech has screwed me

Thomas Linton said:
If -IF - they mail it across state lines, how do they do so "legally"? There are only five exceptions to the total ban...
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I bring it in to the dealer, thus he falls under #1. Been doing it since the Auto Stryker was brand new. At that time my state allowed you to own, but not carry. I got it new at the gun show, but the local BM dealer ships back autos for anyone. He makes a service fee.
 
brownshoe said:
I bring it in to the dealer, thus he falls under #1. Been doing it since the Auto Stryker was brand new. At that time my state allowed you to own, but not carry. I got it new at the gun show, but the local BM dealer ships back autos for anyone. He makes a service fee.
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Clearly you are wrong. Neither you nor the dealer is a "common carrier." Neither of you holds yourself out to transport goods for the general public, and neither is transporting the general public's goods.

COMMON CARRIER

Transporter who holds himself out to the general public for the transportation of goods over a definite route and according to a regular schedule.

One who undertakes for hire or reward to transport the goods of any who may choose to employ him, from place to place.
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(3) the term “common or contract carrier” means a carrier holding a certificate of convenience and necessity, a permit for contract carrier by motor vehicle, or other valid operating authority under subtitle IV of title 49, or under equivalent operating authority from a regulatory agency of the United States or of any State
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Thomas Linton said:
Clearly you are wrong. Neither you nor the dealer is a "common carrier." Neither of you holds yourself out to transport goods for the general public, and neither is transporting the general public's goods.
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No need to call me a liar. How can I be wrong, I've done it twice and read on this forum of others doing the same? Maybe you are not the lawyer you think you are :)

Per your previous post the dealer shipment falls under the exemption of "Sections 1242 and 1243 of this title shall not apply to—...(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business; [UPS, for example, has no liability for carrying goods for others.]

When the knife is shipped from a dealer to the factory for a warranty repair this is "shipment in interstate commerce in the ordinary course of business." It is totally legal. The Brick and Mortar I use is very careful about staying within the law, they sell a variety of weapons to all ages and people including LEO.


It's the same mechanism the Brick and Mortar store uses to receive automatic knives from Benchmade in the first place. They can ship them back for repair.
 
brownshoe said:
No need to call me a liar. How can I be wrong, I've done it twice and read on this forum of others doing the same? Maybe you are not the lawyer you think you are :)

Per your previous post the dealer shipment falls under the exemption of "Sections 1242 and 1243 of this title shall not apply to—...(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business; [UPS, for example, has no liability for carrying goods for others.]

When the knife is shipped from a dealer to the factory for a warranty repair this is "shipment in interstate commerce in the ordinary course of business." It is totally legal. The Brick and Mortar I use is very careful about staying within the law, they sell a variety of weapons to all ages and people including LEO.


It's the same mechanism the Brick and Mortar store uses to receive automatic knives from Benchmade in the first place. They can ship them back for repair.
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I did not say you were a "liar." I said you are wrong, and you are.

Drive down the freeway. How many are driving the speed limit? Is it therefore not the speed limit? Was no alcohol consumed during Prohibition? Does the fact that few are arrested make it legal in either example? If you were arrested, would the fact that others violated the law be a defense?

Are you UPS? Is the dealer UPS? FedEx maybe? USPS? I gave you the legal definition of "common carrier." You're not it. The dealer is not it. Only a "common carrier" shipping the item in the ordinary course of business is exempt, not the shipper or the recipient.

And, except if the "store" is a purchasing agent for the military, it cannot legally be shipped "switchblades" across state lines or from overseas. Ask Spyderco.

So role the dice and see how it turns out.

(By the way, here is a great article on knife regulation, including unconstitutional abuses. http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1027&context=mjlr)
 
Per blade hq :

8. Automatic Knife Laws & Assisted Knife Laws. The Switchblade Act, (Pub.L. 85-623, 72 Stat. 562, enacted on August 12, 1958, and codified in 15 U.S.C. § 1241–1245), as may be amended, (the “Act”) prohibits shipment of automatic knives across state lines, with the following exceptions:

(a) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;

(b) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;

(c) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory;

(d) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (a), (b), and (c).

Sections 1242 and 1243 of the Act shall not apply to:

(e) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;

(f) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces.

(g) the Armed Forces or any member or employee thereof acting in the performance of his duty;

(h) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or

(i) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand wrist, or arm to overcome the bias toward closure to assist in opening the knife.
 
Spartan00 said:
Per blade hq :

8. Automatic Knife Laws & Assisted Knife Laws. The Switchblade Act, (Pub.L. 85-623, 72 Stat. 562, enacted on August 12, 1958, and codified in 15 U.S.C. § 1241–1245), as may be amended, (the “Act”) prohibits shipment of automatic knives across state lines, with the following exceptions:

(a) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;

(b) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;

(c) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory;

(d) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (a), (b), and (c).

Sections 1242 and 1243 of the Act shall not apply to:

(e) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;

(f) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces.

(g) the Armed Forces or any member or employee thereof acting in the performance of his duty;

(h) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or

(i) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand wrist, or arm to overcome the bias toward closure to assist in opening the knife.
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Right. So if the order comes from any of the three classes of designated persons, it's legal to ship across state lines "to" a manufacturer or dealer "in connection with any shipment made pursuant of an order from any person designated in paragraphs (a), (b), and (c).

Sooooo, is Brownshoe or his retailer any of the persosn or entities listed in a, b, or c? Namely:


> a civilian or Armed Forces supply or procurement officer and employee of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;

> a supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;

> a supply or procurement officer or employee of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory

I think not.
 
Well I asked my dealer about this . They deal with micro tech and as far as I know they are the largest single micro tech dealer in the us possibly world .

Right or wrong the info I was given was that they can ship them back and because autos are legal in my state they can sell to anyone it's the return that has t to go through the dealer.
 
But then on microtechs site it says if you live in a state where autos are legal they CAN ship an auto directly to you . So I don't know .
 
Sure they "can." However, they probably may not and run the same risk in violating the Switchblade Act that Spyderco ran - and was nailed for by the feds to the tune of $75,000 fine and confiscation of $400,000 in goods.

Get away with something over time and it can be stunning when the roof falls in.

And these companies think a statement by you that you are a military person required to carry an automatic, they are spinning the cylinder. Odds are, the hammer falls on an empty chamber.
 
In light of other people being screwed by this awful company and posting recent GBU threads about it, I figured I'd bring this back to the surface.
 
It's a challenge to get my feeble little mind to translate the jibberish referred to as "the switchblade act". My own personal interpretation is that it's illegal to ship an auto via USPS. I'm quite positive that my interpretation is incorrect, but there's just too much talking in circles going on in that act to make any clear sense out of it. That being said, I see no problem shipping via Fed Ex or UPS.
 
1- My dealer regularly ships autos back to Microtech for service and then back to the owner. Grey/black/right/wrong aside I'm just sharing this info.

2- When my Halo V broke, I shipped it via UPS to the dealer, who shipped it to Microtech, who fixed it (actually replaced it). They then shipped it back to the dealer who shipped it home to me. They assured me they do this regularly. Again, just facts. My cost to the dealer was $40 for their time and shipping.
 
How long did all that take Jake??
I am shipping the second brand new LUDT that failed in less than a month with VERY light use to Blade HQ. I am sending it to them because after a month of trying to get a straight answer from MT I gave up. Blade HQ can't answer how long it will take, they said around 2 - 3 months......hopefully.
I will never buy another MT product.
2 brand new autos that failed with almost no use in less than a month?? Then no support at all from them??
Horrible.
Joe

Edit.....nothing has changed with their CS at all. Claims by them of addressing the problem for years have gone no where.
 
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Thank you Jake!!
Yup.....that's what Blade HQ told me. They made sure to tell me that was a guess.
I'm going to try this route with this one.
I sent the first one that broke to a guy in CO to fix. That also took a little over 2 months and cost me $85.
Save some coin going with BHQ.
Such a shame this is even a subject for discussion.
Joe
 
Did you email for your RA number and nobody ever responded back to you ? In my experience don't try to call about why it broke . A simple email for RA number and follow the instructions . The LUDT is such a simple knife I can't see why it would not be repaired and or replaced .
 
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