Washington State "switchblade" law

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elementfe

Joined
May 3, 2008
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...as it applies to small makers.

Apologies in advance if this has been discussed already, my search Mojo may not be working!
As a small time maker, I'm not sure this bill is an improvement.
The language of the bill says that we can make spring opening knives "Under Contract To" government agencies. Do you suppose that means that if I make one and sell it to my local firefighter, cop, or soldier, I'm in violation? Nice for SOG and company, but no help to us little guys.

Also, can anyone explain the "bias toward closure" language in practical terms?
(edit: I think I understand this now...though it takes about as much effort to flip a thumb stud as it does to punch a button)
It's hard to tell whether that means you have to push a button, or if it means you have one spring opening the knife and one trying to keep it closed, what gives?

If anyone can point me to any other discussion of this, I'd be very grateful!
Thanks,
Andy Gladish
Guemes Island, WA
 
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I’m afraid I don’t have the details of the new bill handy, but all the terminology you are asking about is used in many other laws around the US so I think I can still help.
Language alluding “contracts” in regard to switchblade laws exists at the federal level, in 15 U.S.C. 1244, where there is an exception to sale over state lines if it is “pursuant to contract with the Armed Forces.” While frequently misinterpreted as legalizing any sale to members of the military, this is in fact false. It means a sale within an officially sanctioned contract, with a CASE or DUNS # and all the associated registration of an official government purchase. Now before anybody starts arguing with me that they were able to buy a switchblade with just a military or police ID, let me point out that I drove 9 mph over the posted speed limit this morning and was not even pulled over. Getting away with it or law enforcement not caring enough to enforce it doesn’t make it not a crime.

I think with language such as that you quoted, the new WA state law would mean you would have to be working under official government contract, be it local, state or federal. It would have to be legally documented and mostly like involve expenditure from that government entity’s budget, not personal funds from an individual.

Yeah I know that sucks, and I feel for you. If it were up to me all knife laws in the US would be completely repealed, and let the laws on menacing, assault, battery and murder just be allowed to do their job.

On the matter of ”bias towards closure,” this too is included in 15 U.S.C. 1244 and in language from the state laws of California. It basically means there is a slight springy-ness that resists opening. Every opened a backspring, slip-joint or assisted opener just a tiny bit, like ¼”? If you let go in this position, the blade snaps closed again, due to the tension of the backspring. If you open the blade past a specific point, this tension is overcome and the blade either stays were it is (manual knife), or springs open (assisted opening). So far, this language has proven reliable in excluding almost all manual folders and assisted openers from being classed as switchblades under these laws. While I’d prefer switchblades laws just be repealed, this exception has at least kept all our non-switchblades safe.
 
Thanks for your answer!
Last night I was discussing this with one of my grown sons and he said, Oh- I've had a balisong, I got it at the hardware store. Are they "legal" because they have a catch on the handles, or is it just a case where no one cares?
That's what happens when you make a law based on cultural bias, or whether a certain gadget looks "icky". There's no real logical difference between a knife that snaps open when you push on the thumb stud and one that snaps open when you push a slide or button. In your example, you're either over the speed limit or not, but there's so much gray area in a "law" like this. My wild guess is that the practical result will be a more relaxed attitude, since many more people will have access to them.
So it's perfectly legal for me to make autos "with the intention of pursuing a government contract", and it's perfectly legal for my two active duty sons to carry them, but it's not legal for me to send them to the boys in the mail, and I certainly can't sell them to their squad buddies. So weird.
The modified bill made it legal for our local manufacturers to produce automatics, which is a good thing, and for full time cops and firefighters and EMT's to carry them, which is also good. It didn't address how odd it is that they're illegal in the first place.

It's kind of like our current political campaigns- they're not saying that stuff because it makes sense, they're saying it because it sounds cool and gives people a gut reaction that a moment's thought would negate...

If you're interested in the modified WA law, it's here: http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House Bills/2347-S.E.pdf

Also, here's Benchmade's form- very interesting, because they apparently are happy to sell to individuals... http://www.benchmade.com/images/pdf/ako_acknowledgement.pdf

Last, here's their policy: http://www.benchmade.com/products/federal.asp Apparently it IS legal to ship, though perhaps not by US mail.

Andy G.
 
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No argument from me there. If I recall correctly what the KnifeRights guys were saying, this bill was the best they could do at the moment due to the political climate in WA. KnifeRights has pursued legislation on other states and completely removed restrictions on autos altogether or greatly reduced them, but that only worked because the legislature was more receptive. I learned a long time ago that trying to apply decent logic to legislation is a waste of time. They're politicians all with their own agendas.

elementfe said:
Also, here's Benchmade's form- very interesting, because they apparently are happy to sell to individuals... http://www.benchmade.com/images/pdf/ako_acknowledgement.pdf

Last, here's their policy: http://www.benchmade.com/products/federal.asp Apparently it IS legal to ship, though perhaps not by US mail.
Click to expand...

Unfortunately, this is that area of letter-of-the-law vs in-practice I was talking about. Simply put, Benchmade is wrong. The law is the law, and they appear to be pulling interpretation that you can sell to LEO and EMT (over state lines) out of their butts. 15 USC 1244 only says "Armed Forces." No one else. And 18 USC 1716 only controls what you can and cannot mail via USPS. It has no effect on 15 USC's prohibition against interstate sale.

I have two theories how Benchmade doesn't get prosecuted:
1. Nobody at the FBI cares enough to pursue this (a combo of bigger fish to fry and the law being stupid to begin with). This is possibly helped by the fact that the FBI is probably a major customer of Benchmade's.
2. Benchmade exploits a loophole by shipping through its distributors. The law allows Benchmade to move product from one company location to another even over state lines, and also allows sale within a single state. The might get around things by shipping to a distributor in the same state as the customer, then that distributor ships to the customer.

While either theory would allow Benchmade to sell to anyone, they likely restrict to public safety to keep the feds from sniffing around to closely.
 
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The states must also feel that they can trump federal law in this case- Oregon apparently has no restrictions on Autos, and though it's implied that Washington state firefighters etc. would get their autos through agency procurement, they are specifically allowed to carry.
Interesting to see how vague the law is...and difficult to decide what to do in an individual case. Chances are that a maker could cheerfully sell autos at shows (perhaps with a form similar to Benchmade's) for a long time before being challenged, but I'm not going to flirt with that, too many other fun things to pursue!
Andy
 
Bias towards closure, as I understand it, is that the knife "wants" to stay closed, until overcome.

This addresses cops who think that because spring assisted knives have a spring, they must be illegal "spring" knives. (a traditional switchblade is held closed mechanically, and is under constant tension. all it needs to open is for you to release a catch or button, and the blade is ready to shoot open or out.

A spring assisted knife, is like a kick stand. The spring initially holds the blade closed, until you open it about 1/4 or so of the way. Thus it is biased towards closure. It only springs open once you get past that tension/trigger point.
 
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