Texas legalized automatic knives - Will Kershaw/ZT produce any now?

There remains the federal law that sharply restricts moving switchblades across state lines in commerce.
 
There remains the federal law that sharply restricts moving switchblades across state lines in commerce.

It has always been my understanding, that the only fed. law against moving autos, was they cannot be sent through the U S Mail. ?
No USPS, still leaves plenty of shipping options these days.
 
Doesn't seem to limit Benchmade, Protec, Microtech, Gerber, Boker, etc...

Yet it does to the extent that they either manufacture for shipment in interstate commerce OR ship across state lines - except for the narrow exceptions. Spyderco got nailed for violation:
OAKLAND - LAWFUEL - American Law Newswire - United States Attorney Scott N. Schools announced that Spyderco, Inc., a Colorado corporation, pleaded guilty and was sentenced today to mailing butterfly knives, which are nonmailable [because held to be "switchblades"], to pay a $75,000 criminal fine, a $125 special assessment, and to forfeit all such knives seized by the United States Immigration and Customs Enforcement from its corporate offices in Golden, Colorado (estimated to be valued at over $400,000). The guilty plea and sentence is the result of an investigation by United States Immigration and Customs Enforcement ("ICE").

In pleading guilty, Spyderco admitted that from June 2005 through January 2007, it had mailed butterfly knives, after importing the knife components from Taipei, Taiwan, through the Port of San Francisco and the Port of Oakland, to Golden, Colorado. The U.S. Customs and Border Patrol had issued a ruling to Spyderco holding that these knives fit the definition of "switchblade knives" as an imported knife "with a blade which opens automatically by operation of inertia, gravity, or both" and were therefore not allowed into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245, and were further not to be mailed in the United States.


It has always been my understanding, that the only fed. law against moving autos, was they cannot be sent through the U S Mail. ?
No USPS, still leaves plenty of shipping options these days.

Your understanding is not correct.

TITLE 15 - COMMERCE AND TRADE
CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES


Section 1241. Definitions

As used in this chapter -
(a) The term ''interstate commerce'' means commerce between any
State, Territory, possession of the United States, or the District
of Columbia, and any place outside thereof.
(b) The term ''switchblade knife'' means any knife having a blade
which opens automatically -
(1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both.

Section 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty

Whoever knowingly introduces, or manufactures for introduction,
into interstate commerce, or transports or distributes in
interstate commerce, any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.



Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty

Whoever, within any Territory or possession of the United States,
within Indian country (as defined in section 1151 of title 18), or
within the special maritime and territorial jurisdiction of the
United States (as defined in section 7 of title 18), manufactures,
sells, or possesses any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.

Section 1244. Exceptions

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;
(2) the manufacture, sale, transportation, distribution,
possession, or introduction into interstate commerce, of
switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting
in the performance of his duty; or
(4) 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.

Many crimes go unprosecuted, which is cold comfort when you are the one who is convicted and punished.
 
There were multiple felony violations, including transporting "switchblades" in intertstate commerce.

United States Attorney Scott N. Schools announced that Spyderco, Inc., a Colorado corporation, pleaded guilty and was sentenced today to mailing butterfly knives, which are nonmailable, to pay a $75,000 criminal fine, a $125 special assessment, and to forfeit all such knives seized by the United States Immigration and Customs Enforcement from its corporate offices in Golden, Colorado (estimated to be valued at over $400,000). The guilty plea and sentence is the result of an investigation by United States Immigration and Customs Enforcement ("ICE").

SpyderFly/SzaboFly Recall Announcement

(2007-04-12) US Customs brought to our attention that some of the parts used in the construction of the SpyderFly/SzaboFly were imported contrary to U. S. Customs laws. Additionally, federal statutes require that only certain classes of individuals may purchase knives that fall within the definition of switchblade knives under the federal Switchblade Knife Act, 15 U.S.C. §§1241-1245. Switchblade knives may be lawfully acquired and possessed in particular state and local jurisdictions. In other jurisdictions, they may not. They may be transported in interstate commerce only under certain circumstances. Accordingly, it is incumbent upon anyone acquiring a knife that may fall within the legal definition of a switchblade knife to check the Federal law and laws of your local jurisdiction to determine whether such a knife may be lawfully acquired or possessed. In order to comply with US Customs regulations, Spyderco will not be manufacturing this product in the future with any improperly imported components. They will be shipped only to persons legally authorized by law to acquire them. In order to conform to legal requirements, Spyderco is asking for any purchaser of the B01 SpyderFly or B03 SzaboFly from January 1, 2006, through January, 2007, to review the attached Acknowledgement and Representation form to determine whether he or she qualifies as an authorized dealer or purchaser of the knife that was acquired from Spyderco. If so, please execute the form and return it to Spyderco. If you did not qualify as an authorized dealer or purchaser at the time of acquisition of the knife(s), please return your purchase directly to Spyderco for a credit or refund. Please cut and paste this link into your browser for the form:
http://spyderco.com/catalog/SpydercoAutoForm.pdf Please contact Spyderco at 800-525-7770 for more information.
 
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