My LEEK was SEIZED!!!! (Canada)

Discussion in 'General Knife Discussion' started by V10011011, May 20, 2003.

  1. V10011011

    V10011011

    291
    Apr 2, 2003
    AHHH noooo!! I'm in the process of trying to call them but their lines are busy now. Its not LEGAL to seize it from me! Section III of Bill C68 part A states that

    "prohibited weapon" means

    (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or
    attached to the handle of the knife

    This bans switchblades and knives that you can flip open ie. swinging/snapping the knife in a circular motion.

    Note one handed opening via holes in the blade, disks, studs etc., are not illegal.

    Also, apparently Kershaw says:
    There are many features of Speed-Safe knives that make them quite different than knives that are considered switchblades. Unlike a switchblade, Speed-Safe blades DO NOT deploy with the push of a button in the handle or by gravity alone. Instead, the user must manually overcome the torsion bar's resistance - using the thumb stud or Index-Open protrusion on the blade itself - in order to engage the Speed-Safe system. Because the user must manually overcome the torsion bar's resistance, Speed-Safe knives fall fully outside the Fedral definition of a switchblade.

    So can I call up Customs and raise hell? You have to manually push the blade out adleast 5% of the way before and auto action takes place, therefore the centrifugal force is applied directly to the blade not through any handle. It's LEGAL isnt it? After I convince them, will they send it over or will i HAVE to pick it up?
     
  2. TheMightyGoat

    TheMightyGoat Attention whore & liar BANNED

    414
    Apr 30, 2003
    The knife is legal. Bitch and moan until you get your way.
     
  3. alphamaniv

    alphamaniv Banned BANNED

    Sep 20, 2001
    What you you doing when they took it? I'm just wondering. I hope you can get it back. Those are fun little knives. Please keep us posted.
     
  4. *Cho*

    *Cho*

    241
    Sep 23, 2002
    It is totally legal in Canada. In fact apparently Kershaw went to court before selling them in Canada to prove that they were not switch blades. I don't see under what circumstances customes were able to sieze it. Must have been somebody have a bad day and exercising his or her "power" :barf:

    Good luck on getting your Leek back, make sure you keep us all posted.
     
  5. crosman177

    crosman177

    Jan 21, 2002
    On the customs sheet, what is the confiscated item described as? "switchblade"?
     
  6. V10011011

    V10011011

    291
    Apr 2, 2003
    I was doing nothing with it, it was seized in Customs meaning right at the border.

    Description of Goods:
    1 x Pocket Knife "Kershaw - Leek 1660"

    The goods described above are being detained for the following reasons:
    To determine admissibility

    Can I get some info on the Kershaw court case so I can refer to it in my statement?
     
  7. fiver

    fiver

    81
    Apr 7, 2003
    Good luck resolving this. If you are unable to solve it yourself, hopefully you can retain an attorney. All it takes is 1 person to make an example in court, then customs will have to put speed safe products on the "approved" list.

    Are there any other details you feel comfortable giving? Like which border crossing you were at, what you were doing, how they treated you, anything else about your behavior that raised eyebrows, how they found out about the knife, etc?

    I am really sorry you lost your knife. That sucks, man.
     
  8. V10011011

    V10011011

    291
    Apr 2, 2003
    I'm 18, my parents probably don't approve of me having knives like that and carrying it around. I am not financially priviledged enough to have an attourney.

    This was mailed through US Postal Service Global Priority mail. Mailed from NC to ON.
     
  9. fiver

    fiver

    81
    Apr 7, 2003
    OK, now I see what's happened.

    Hopefully some others here will be able to help you more.

    At the moment, I have a few suggestions you could try.

    1. Contact Kershaw directly, and explain to them what happened. Ask if they have any documentation or legal precedents you can use. I am willing to bet that before they released these knives they had lawyers draw up all kind of stuff "proving" that the knives are legal. They should be able to give you some really good docs to defend yourself with.

    2. Contact the vendor that sold you the knife, explain the situation, see if they are willing to help you in anyway, or contact customs to help resolve the matter.

    3. There is at least one knife dealer in CA that sells speedsafes.

    Knife Zone
    3225 College Avenue
    Regina, Saskatchewan
    S4T 1W1 Canada

    Toll Free: 1-866-88KNIFE (1-866-885-6433)

    Contact them, ask them if they have explored the legality of selling those knives in CA, more importantly, ask them how THEY get their knives through customs!!

    Good luck.
     
  10. Keith Montgomery

    Keith Montgomery

    May 9, 2000
    The problem here is that Canada Customs inspectors can make a determination that something is prohibited based on each individual inspectors interpretation of the description of a prohibited weapon. Once this determination is made, the only avenue of recourse is an appeal. They have a form that you can fill out, but if that avenue of appeal is rejected then it becomes quite expensive to fight it further.

    Once the knife is determined to be prohibited it is confiscated. When the appeal process is over the knife is destroyed, not returned to the shipper.

    Edited because I can't spell worth a damn.
     
  11. Nimravus

    Nimravus

    276
    May 16, 2003
    Sorry bud you got screwed like that. It is indeed legal to own those in Canada I looked into it. I have to agree with others bitch and wine about till you get it back.

    You have total right to have one. I hope you win this cause if not we might just get screwed in Canada from now on.

    Damd Canadian GOVM I hate these stupid rules. They take away all the fun in collecting knives and in owning them.

    Best of luck bud.
     
  12. J-man_the_jet

    J-man_the_jet

    Jan 24, 2003
    V1, I've talked to you alot about it. Bitch and complain till you get it back!
     
  13. simko

    simko

    Jan 14, 2003
    house of knives sells them, they must be legal

    maybe mention that?

    a sorta well known knife store sells them.....
     
  14. VampyreWolf

    VampyreWolf

    Feb 12, 2001
    cutting edge cutlery co, [email protected] or www.swords.ca or 1-306-374-3343...

    we've had the speedsafe models since they came out up here. not a problem yet with my local B&M getting them.

    email, and ask Darren to forward paperwork your way if he has any pertaining to the legality of the speed-safe. I'm sure he has some around one of the 3 stores. They get lots of fun toys in there, so I'm sure they know the loopholes to avoid problems. hell, walmart sells them up here.
     
  15. V10011011

    V10011011

    291
    Apr 2, 2003
    Walmart sells them!!?? I didn't know CANADIAN Walmarts sold them..

    I'm still waiting for Mr.Customs to call back 'at his convienence' When he does and if he gives me hell I'll tell him I'll fax him legal proof or soemthing. Thanks guys!
     
  16. VampyreWolf

    VampyreWolf

    Feb 12, 2001
    I can buy the small fully silver one in walmart right here in saskatoon. at least last time I was in the sporting area of walmart they still carried them(month or so go).
     
  17. V10011011

    V10011011

    291
    Apr 2, 2003
    Oh. I live in suburban Ontario, near Toronto, not much hunting around here ;) I think they had a buck folder here a while ago though
     
  18. BOK

    BOK

    Apr 16, 2002
    Is there a HOK in your area?

    If so then go to one of their stores and ask for the documentation and letter stating that the knives are legal in Canada.

    If not them maybe try to contact a BC HOK because these are given out with every 'speed assist' purchase.
     
  19. V10011011

    V10011011

    291
    Apr 2, 2003
    Whats HOK?
     
  20. Keith Montgomery

    Keith Montgomery

    May 9, 2000
    The decisions made by Customs inspectors are arbitrary. They do not make their decisions based on absolute knowledge of the law, but on their interpretation of the law. Just because the Speedsafe system is legal in Canada does not mean that some inspectors will determine that it is not. Once they make this determination you will have to appeal the decision.
     

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