Selling an auto knife to someone is AZ from OR

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Beranimus

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Is it legal to sell an auto knife to someone in Arizona? I live in Oregon and there is a knife collector that lives in Arizona that wants one of my microtechs. Is it legal to sell it to them?
 
Arizona has "Constitutional Carry", which basically means anything and just about everything is legal to carry and own.
 
What about selling an auto knife across state lines. That's basically my question. I've heard it can be a felony.
 
I'm kind of seeing it's illegal
Because it a cross state lines transfer. It's legal to own an Auto in AZ but not ship one from OR to AZ. If I'm wrong please correct me.
 
As far as I've read, the limitation technically only covers USPS, not private carriers, such as UPS or FedEx. Thus, either of these two should be fine to utilize.
 
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Send it UPS or FedEx as mentioned, it should be fine. No one needs to know what is inside.
 
Is it illegal to sell across state lines?? Yes. Posted many times here. It is a violation of the interstate commerce law. USPS does also have a law against sending it by them, so using UPS or FedEx prevents you from breaking a second Federal Law. Do people break the law? Everyday.

Here is the BOTH Federal Laws:

http://www.knife-expert.com/fedswitch.txt

Clearly illegal, as with most things you decide what your actions will be....
 
tom19176 said:
Is it illegal to sell across state lines?? Yes. Posted many times here. It is a violation of the interstate commerce law. USPS does also have a law against sending it by them, so using UPS or FedEx prevents you from breaking a second Federal Law. Do people break the law? Everyday.

Here is the BOTH Federal Laws:

http://www.knife-expert.com/fedswitch.txt

Clearly illegal, as with most things you decide what your actions will be....
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:thumbup: This is absolutely the case. Title 15, Chapter 29 prohibits all sale whatsoever over state lines, with the sole exception being direct, officially sanctioned contracted with the military. It almost unenforceable due to mail privacy laws and habitually violated, but the law is the law.
 
MOUNTAIN WILLIAM said:
Would it be legal to go through an FFL holder for shipping purposes?
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Probably not, since an FFL is a Federal FIREARMS License. Nothing in the paperwork governing or coming with an FFL about knives or using the license to get around federal law. Nothing in the laws either about an FFL being an exception to the law. The ONLY exception is in the sale and shipment for MILITARY CONTRACT purchases. Not even fire/police/EMS organizations or even individuals who happen to be in a military unit. Just MILITARY CONTRACTS.
 
revdev already said it.. Oregon and Arizona are two of the better states to carry anything in...
 
MOUNTAIN WILLIAM said:
Thanks for the clarification. It's a common misconception here then that it's legal to have an FFL dealer handle the shipping. Some FFL dealers will only let fire/police/EMS/military members pick the knife up.
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The statute is virtually never enforced except for a few major cases against large knife makers like Spyderco, and those were primarily due to foreign import (since mail privacy doesn't apply to that). The lack of enforcement has led to many sellers simply making up the rules based on their best guess. These best guesses are usually made by managers/CEOs at the company and almost never by qualified lawyers.

For example, Benchmade ships them between brick-and-mortar stores, then "sells" them to customers in the same state. The shipping between stores is written off as transfer of inventory rather than sale ("commerce"). They use this same tactic when autos require servicing: Customer brings to a store, store ships back to home base, repair is done, back to store, customer picks up in person. Benchmade still requires proof of being LEO/Military even though technically speaking the law doesn't actually make an exception for them, though it's also possible this is done to comply with various state laws, and making a blanket policy is simply easier.

Another example is BladePlay. They require you to check a box when you order basically saying "I promise I'm legally allowed to have a switchblade." They ship directly to customers via UPS in what is little more than a calculated risk that they will not be caught, and because of aforementioned mail privacy, they never are. So they get away with it.

So you could say it is somewhat of a moral question. It is illegal. The chance of being caught is 0.0001%. A seller can stomach that, or they can't.
 
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