Can I Mail order an OTF auto?

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psp7

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Dec 12, 2010
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Reading Blade Ops & Blade HQ websites I came away feeling I cant order an auto knife even though I live in a state, OR-(Benchmade) that makes them and allows them. AM I misunderstanding something? I read the info page on autos and it sounds like only police, gubbermint officials and military can purchase them on-line and they cant ship them to normal law abiding individuals out of their state of Utah. Is this the case? Must I only buy in my home state of Oregon or is this just the policy of these stores websites? Will my old(expired) miltary ID or my current Veterans Affairs card suffice for the "interstate" law or do you have to be an active tool of the gubbermint today to get the purchasing perk? thanks
 
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The LEGAL answer is they can NOT sell you the knife. It can NOT be sent via USPS. Go to Bernard levine's section and look at his listing of knife laws. I am sure you can find it legally for sale in your state if that is your concern.
 
Here is the link to the law:

http://www.knife-expert.com/fed-swb.txt

Remember when you read it states are states not possession or territories. The seller introduces the item to interstae commerce not the buyer, and finally both the sender and reciver of the arcticle are equally in violation of the Postal Law. Pretty much illegal no matter how you slice it.
 
The Brown Truck delivers mine. tom19176 is giving you factual information on the U.S. POSTAL Service- great place to buy stamps.
 
psp7 said:
Reading Blade Ops & Blade HQ websites I came away feeling I cant order an auto knife even though I live in a state, OR-(Benchmade) that makes them and allows them. AM I misunderstanding something?
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No idea how you are arriving at this conclusion. I have purchased autos from both of these vendors recently, and they sent them to me in Florida by either FedEx or UPS.

There are other web sites that flat out refuse to sell to non Law Enforcement and non Military customers. That's their policy. It's fine with me as in every case so far I have found those items for less from vendors that will deal with me. They are just losing sales to others is the way I see it.
 
Unk said:
The Brown Truck delivers mine. tom19176 is giving you factual information on the U.S. POSTAL Service- great place to buy stamps.
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Wrong, Tom posted the FEDERAL law concerning interstate commerce as it applies to automatics.
 
It is a common misunderstanding that being a soldier or police office allows one to own automatic knives for your private collection. It does not. The law is remarkably simple and clear. You must be the procurment officer. You must be buying the knives with "official" funds (i.e. not out of your private funds), for official use, and the knives must be and remain the propery of your service or agency. Being a police officer or soldier does not license you to personally own automatic knives.

What does? Living in Oregon does.
 
The law is clear:

§ 1244. Exceptions

Sections 1242 and 1243 of this title shall not apply to -

(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
 
this is a bit confusing, but I appreciate the input from you all. I just dont get how I can buy silencers and machine guns with a form 4 and a 2 month wait, but a knife with a spring in it is a no-no:confused:.
 
I still do not see why you think that you can't buy a switchblade on-line. Why don't you just try it?
 
Chief said:
The law is clear:

§ 1244. Exceptions

Sections 1242 and 1243 of this title shall not apply to -

(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
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Yes, It Is quite clear:

The Switchblade Act, (Pub.L. 85-623, 72 Stat. 562, enacted on August 12, 1958, and codified in 15 U.S.C. § 1241–1245), prohibits shipment of automatic knives across state lines, with the following exceptions:
(1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;
(2) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;
(3) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory; (4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (1), (2), and (3).
 
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The question the OP asked has been answered. It is illegal. No question about it. Are there companies that have determined their desire for profit out weights the chance of them get fined or jailed. Yes, several. With in the last two years the Custosm and Post Office went after Syderco and made them pay a fine in excess of $400,000 in lost merchandise and fines.
Can you find a on line dealer that will sell to you? Yes. Are they committing a federal offense by doing so? Yes.
You can rationalize how it should not be a crime, but at the moment it is.
 
then why is benchmade shipping across state lines?? every maker of the auto knifes are shipping them across state lines and the feds are not doing anything about it. the spyderco imported butteyflys and was told not to. they made a example of them so no body else would import buttey flys in the usa.
 
Another point, and one not many people think about is:

Usually when a company is investigated in this type of matter, one of the things taken into evidence is their mailing/customer database/list. I wouldn't be too hard or much of a stretch to see exactly where each and every item was sent.
 
richard thurman said:
then why is benchmade shipping across state lines?? every maker of the auto knifes are shipping them across state lines and the feds are not doing anything about it. the spyderco imported butteyflys and was told not to. they made a example of them so no body else would import buttey flys in the usa.
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It can take time to gather plenty of evidence for a rock solid case. One that the offending party cannot possibly legally squirm out of.
Meanwhile, business as usual until subpoena's are served and assets seized.
 
Richard, I have answered these questions many times in other posts with you. It is CLEARLY illegal. Anyone breaking any law is subject to arrest at any time for it. When I was a LEO in NY there were alot of drug dealers commtiing all the same felony, some got sentenced to many years in jail and some became rappers ( 50 cent and JayZ) making millions of dollars singing how they committed those felonies. I sense you are old enough to know the world is not a fair place. The makers sell to dealers who some how represent they are selling to the correct people. I am sure the day will come when there will be several arrests. It happened in the mid 1990s when all the dealers with ads in the Newletter switchblade magazine where all arrested in their homes in several different states and had to go to Florida to answer Federal import and interstate sales charges. They were all heavily fined. With all the sites telling you they will sell you switchblades and telling you sent via USPS, the day will come when the trap snaps shut, or perhaps ICE will go to the Blade show one year. I hope none of these things happen, but to say it could not is pretending if you close your eyes no one can see you......

Karda they took two years to investigate Sypderco, so your point is well taken.
 
Thanks guys!:) I did some asking around with e-mails and there are several great internet merchants that will sell me a Benchmade/HK auto out of state after I explained to them I live in Oregon which is the very place Benchmade makes the knives & resides and that the state of Oregon allows us to own auto knives and carry them legally. Better news for me, this afternoon I stopped at two local stores and they both have the HK Tumult auto I was gonna buy on-line. Even though the local stores charge about $20 more than on-line, I think I will pay the extra and buy locally as you never know what you get through the mail. I've been burned before as the internet is the perfect tool to pass off blems, 2nds and various shotty merchandise. Also, I dont want to offend the goody-two-shoes that think its wrong to break a stupid law:D. I think we all break the "law" during the course of every day we leave the house and by the time we get back. The question is: whos gonna dig through the books and find that violation?
 
psp7 said:
the goody-two-shoes that think its wrong to break a stupid law:D.
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Courts, jails and prisons are full of people who think the same way.

psp7 said:
I think we all break the "law" during the course of every day we leave the house and by the time we get back. The question is: whos gonna dig through the books and find that violation?
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You never know who will look, but the info is there and that is just what lawyers get paid the big bucks for. In the case of the Federal gov't, their resources are almost unlimited.

On the internet and in forums, you never know who you might be conversing with, who knows? you may have talked to a few LEO's already.
 
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karda, good point, but I hope our gubbermint officials have better things to do than enforce a foolish/feel good law that came from perversion of knife use by Hollywood in the 50s. Thats why we need to keep the gubbermint small and accountable, not bloated, bored and incessantly infringing:) Theres no logical reason a knife with a spring should be on the books as none of the auto blades I've handled have enough strength to punch through a paper bag. Like most all laws they are set in place for the masses to feel good about an issue that they know little about. Sorta like banning hi-capacity magazines. I'm just thankful I live in a state that honors more freedoms;).
 
And thats where this whole mess gets a bit more messy.

You see, our Gov't officials probably wouldnt make time to go after businesses and collectors, if they didnt percieve a problem. With every illegal purchase someone makes and every conviction for illegal possession, their involvement becomes more of a possibility. It would be ludicris to think that the trade is not being monitored by some official somewhere. Stupid or not, outdated or not, the law is the law.
 
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