Returning to CA with auto, post deployment

Joined
Oct 1, 2009
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243
Hi guys, kind of a weird situation going on, that I need some advice on... Long story short, my best friend is deployed, and since he is active duty I talked him into spending some decent money on a OTF Auto... He has since raised concerns about returning to the states with his purchase (and I'll feel absolutely horrible if there's a problem with getting it back since it was my idea.) He has become attatched to the knife (it was manufactured on the date he arrived wherever he is and is engraved as such from microtech). It was my understanding that as long as he doesn't carry it, he is allowed to own it under ca law.

Is it a problem for him to ship it back to himself in his footlocker at the end of his deployment? He's got relatives in Nevada and offered that as an alternative... I'd hate to see his knife get seized or for him to get in trouble, and was wondering if anyone has recommendations on getting it safely back to him once he is ready to return stateside... Many thanks!!
-Jack
 
I think I can help with most of this at least. Anything I can do to give a serviceman some peace of mind.

First, Federal law. The law says you can't introduce, manufacture for introduction, transports or distribute in interstate commerce. "Interstate commerce" is defined as "commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof." This phrasing means you cannot import them for business purposes. But it says absolutely nothing about simply transporting an item you clearly already own, with no intention of sale. Therefore, under that federal law he should be fine.

Source: http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_29.html

Next is California Law. I'll just paste here with emphasis:
653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person
a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.

Again, because he is moving his own personal property from one place to another without any intention of transfer, I cannot see how he would be violating this law unless he transports on his person or inside the passenger part of a vehicle.

Source: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=639-653.2

Based on what I know, I can't see how is violating the law by simply shipping it home with him. Now if he has military policy, code of conduct or other specific rules that he must follow from his command, that I have no idea. He'd have to look into that himself.
 
I agree with Glistam but there is a Customs ruling against import into the US. The law was posted several times here when it was modified about two years ago to allow for AOs ( which were almost banned from import). Now this was MADE IN THE USA so there maybe an arguement that it is not an "import" since it was first produced here. I am sure he will be fine, but there have been postings of other members of the service having their auto knives taken away by military police before they return. Not sure that is true, but there have been several posts saying that has happened....Good Luck and thank him for his service!
 
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