Automatic vs. Assisted Opening

HappyDaddy said:
With all due respect to your lawyer, he and you are mistaken. The statute exempts the common carriers from liability, but not the person who introduces the switchblade into interstate commerce. Honestly, I'm glad that some dealers take the risk of shipping them, but make no mistake, they're taking a legal risk.
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It's certainly possible for my attorney to be wrong, or for me to not remember his words perfectly. Here's my understanding of the federal switchblade act and how it pertains to the specific concern expressed by the OP about shipping a switchblade back to the manufacturer for warranty work-

Section 1242 of the federal switchblade act specifically forbids the transportation of switchblades for the purpose of "interstate commerce", as in- buying and selling.

And while the person selling the switchblade might be violating the law by shipping the knife out of state for the purpose of selling it (commerce), shipping a knife back to the manufacturer for warranty work is not "commerce" since the knife is neither being bought or sold, merely repaired.

Likewise, the person buying a switchblade is not violating section 1242 because they are not the one shipping the knife across state lines.

But like I said, that's my understanding.
 
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I think the knife blade itself is the decider. I used my Severtech daily for over 10 years
at work, primarily due to it's heavy tanto blade and easily sharpened A2 blade. If it were an
assisted opener it would be fine. The automatic button is slightly more convenient when
able to be operated with one hand occupied. When deploying most autos my hand is more
naturally positioned to operate a button as opposed to using a flipper.
I carried a Benchmade 3200 as a "gents" knife, again became the blade was a small thin edc
user and the auto function was simple to put into action. It would be as useful as a flipper.
 
I love the auto's that I own. I've had some assisted ZTs as well and love them too. But there is something really nice about pressing the button and the snap of the blade opening. If you want a super hard opening auto then Protech is a good one. Watch the forum and they'll come up and you may be able to get a good deal on one to try out. My Benchmades have always been good as well. I did send a few back to BM for tune up and sharpening. I had to go through a knife dealer to do that, but it was fine. I'll be on the lookout for a Protech Wiskers or that Lone Wolf Lobo. I've never had a scale release and think that'd be cool to have.
 
Killgar- I don't want to get too deep and off topic. I'll just say that commerce (in this context) just means shipping the knife. That's why Benchmade (for example) won't ship your AO back to you if you send it in for warranty, unless you provide the LEO/military paperwork that shows you to be exempt from the prohibition.
 
HappyDaddy said:
Killgar- I don't want to get too deep and off topic. I'll just say that commerce (in this context) just means shipping the knife. That's why Benchmade (for example) won't ship your AO back to you if you send it in for warranty, unless you provide the LEO/military paperwork that shows you to be exempt from the prohibition.
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No it doesn't. If ownership of the item does not change, and no money changes hands, no commerce has taken place.
 
Reswob said:
No it doesn't. If ownership of the item does not change, and no money changes hands, no commerce has taken place.
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Sorry, but you're mistaken. While the lay definition of "commerce" might suggest otherwise, ownership or money changing hands has nothing to do with "interstate commerce" in this, and most other, legal contexts.
 
HappyDaddy said:
Killgar- I don't want to get too deep and off topic. I'll just say that commerce (in this context) just means shipping the knife. That's why Benchmade (for example) won't ship your AO back to you if you send it in for warranty, unless you provide the LEO/military paperwork that shows you to be exempt from the prohibition.
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As someone who buys switchblades from out of state, and as someone who makes a concentrated effort to stay on the right side of the law, I am particularly interested in this topic.

Can you provide any verification that the federal switchblade act includes shipping as part of their definition of "interstate commerce"?

Instead of relying on my memory (which sometimes fails me) I just re-read the current federal switchblade act, and it doesn't say anything about "interstate commerce" being defined as, or including in it's definition, the act of shipping.

Under the definitions provided by the federal switchblade act, it defines "interstate commerce" in the following manner- "The term "interstate commerce" means commerce between any State, Territory, possession of the United States, or District of Columbia and any place outside thereof". But no mention of "shipping".

It seems to me that if the federal government wanted to say that it is illegal to ship knives from state to state, that they could have simply said "the interstate shipping of a switchblade is illegal" or other clear words to that effect. But it doesn't say that, it specifically says "interstate commerce". And looking up the current definition of "commerce" I find- "to buy and sell", with no mention of shipping.

In contrast however, in the exceptions listed in section 1244 of the federal switchblade act, and in reference to "common carriers" etc, the law says "...shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business".

Since they use the terms "shipped", "transported", and "delivered", and then refer to "interstate commerce", it certainly appears that the feds regard "shipping" and "interstate commerce" as two different things. But of course, if you can provide verification that the use of the word "commerce" in the federal switchblade act means "shipping", I'd be very glad to read it.

As far as Benchmade and their company policy, many knife companies have their own policies that are far more restrictive than the actual laws. The actions and policies of a knife company are not necessarily an accurate source of information regarding what actually is or is not legal.
 
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killgar - I'm not aware of any cases that specifically deal with the issue. There are a few that address the definition of "switchblade." I'm satisfied that my reading of the statute is correct. Suits me if no one ever challenges it. I like having companies that will ship autos to me.

As to a preference between AO and auto - I like autos and manual openers. I can live with AO if I really, really like everything else about the knife
 
The United States Supreme Court's previous case law is where we find the legal definition of interstate commerce. If I remember my law school constitutional law correctly, there just about isn't anything we do that a slick lawyer can't argue that it involves interstate commerce either directly or indirectly. The legal definition of interstate commerce is that nefarious.
 
Seems too complicated just to get a switchblade with peace of mind, so assisted it is!
 
As for assisted vs. automatic- I bought a push-button automatic just for fun but I don't carry it much. I worry about it opening in my pocket if something accidentally pushes the button. It has a lock but that seems to defeat the purpose. My SOG automatic opens very strongly, if you want a loud sound when the knife opens then a strong automatic will do that more than some assisted openers.
I carry assisted knives without any worries. And actually I find that some assisted knives are slower to open than some non-assisted knives, the trick being to find the thumb stud and position your finger properly to activate it on the first try. My Kershaw Blur was the best for this because of its saber tooth tiger thumbstud. Some Benchmades are slow to open because the thumb studs are hard to find and properly push on. A knife such as a Spyderco Para2 or Military is consistently more reliable for me to open because the thumb hole is easy to find and use.
But I buy knives of all different types because I like them so if you want an auto, buy one and have fun with it.

I think the OTF autos are interesting and fun to play with. They are a fairly unique action, completely different from folders. I've had the idea that an OTF could actually be very useful as a working knife if you need to open/cut/close a knife frequently, and keep it either in your hand or close by. I also had the idea that if an astronaut needed a knife maybe an OTF could be adapted to their use more safely than a standard folder of some sort.

As for buying an auto- I knew that the law was very complicated so when I decided to buy one I looked for one for sale by someone in my state so shipping would not be across a state line. I thought there was a ban on importing these but go to a knife show and there are a ton of very cheap autos that must be imports. And I've also wondered how LE and Military get theirs.
 
Nephron44 said:
Seems too complicated just to get a switchblade with peace of mind, so assisted it is!
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If you're interested in an auto, I wouldn't worry about the legal mumbo jumbo. If they are legal in your state, and you find a dealer willing to sell and ship one to you, you should be fine. I've done it in the past and will do it again, as soon as the new Launches hit the market!
 
I have been EDCing a DA auto for well over 5 years now with out any complaints .....in fact only praise

I carry a DISKIN USA Fire and it has been a fantastic knife

Very reliable and for me the perfect size

Because these are now out of production and the ones on the secondary market are rather expensive

DiSKIN USA will be coming out with a new model hopefully this year

As for carrying and using one ...... My mindset is why would you not carry a knife that can be deployed both ways

80 % of the time I open it with the thumb stud but the scale release option is always there if you need it

[video=youtube_share;3OlzDvB7nh0]http://youtu.be/3OlzDvB7nh0[/video]
 
i prefer an auto over an assisted. the assisted falls into a category no one really needs, unless they live in a restriction country/state/city, etc. sure fun and useful and different, but if one can own and carry legally an auto........why not?

i own many of both.....all are interesting in their own ways, but for me it falls back to use of knife and legality. i live in a free state for auto ownership and carry, so i carry them and often and use them. you need to decide what you use your knifes for and your ability legally to carry and use. that is all that really matters.
 
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