Canada users...

Customs gets away with this too often, and expect the victim will wear down and give up.

If it is prohibited, it won't be allowed to enter the country... if it can be flicked open, it is prohibited, same as a switchblade or a balisong. Also, it's a tribunal deciding, not a public court of law, so it's entirely up to them. If they can flick the Benchmade open, you will only get this result:

"For the foregoing reasons, the appeal is dismissed."


The only option would be to ship it out of the country - however, since it is now a prohibited weapon, I believe you will need to find a shipper who is allowed to export prohibited weapons.

"You may export the properly reported goods at your expense under Customs supervision, forfeiting your rights to an appeal."


If this statement is correct then it should be fairly straightforward for you to show proof to Customs. Then if they decide your knife is still prohibited that'll open a whole new can of worms for retailers and the manufacturer.
Then of course there's the old adage: It doesn't have to make sense; it's government policy.

They don't consider that to be a factor:

"With respect to Mr. Hasan’s argument that identical knives are available for sale in stores in Canada, the CBSA referred to the Tribunal’s decision in Wayne Ericksen v. Commissioner of the Canada Customs and Revenue Agency where it was held that this argument did not constitute a basis upon which the Tribunal could classify goods."



Besides, if a police officer walked into a random "Kutters" or "House of Knives" and started attempting to wrist-flick all the knives open, anything that he could open would be a prohibited weapon.
 
like everything else in regards to laws and regulations, the devil is in the details... and open to any jackasses interpretation as they see it. get a knife hater for a customs agent, and you get a seized knife. the ability to flick open a knife making it prohibited is rediculous, given that its so subjective. maybe I can't flick it, but you can due to some freakish strength or amazing technique? its so stupid, considering you can legally buy them here (in canada) and legally buy all manner of assisted openers, so what in the hell would make something like this illigal is well beyond my comprehension.

p.s. I just received a ZT 0550 from an american company and they actually warned me about this possibility and ensured the pivot screw was set accordingly so as not to allow interpretation by some over zealous customs agent with Jose canseco's arm to deem it "flickable" and to confiscate it.
 
Just have it returned to seller. Get your money back and buy one inside Canada. Don't fight it. It's not worth the hassle Imo.
 
If this statement is correct then it should be fairly straightforward for you to show proof to Customs. Then if they decide your knife is still prohibited that'll open a whole new can of worms for retailers and the manufacturer.
Then of course there's the old adage: It doesn't have to make sense; it's government policy.

The customs guy told me that my knife has been "modified" to flick open and while the stores have brand new ones. This particular knife is illegal. Keep in mind the knife package had never been opened before the customs guy did :confused:
 
Just have it returned to seller. Get your money back and buy one inside Canada. Don't fight it. It's not worth the hassle Imo.

I paid 133+10 shipping for the knife. Cheapest place in Canada is 190 + 10 shipping. If the prices were closer I would definitely buy here.
 
Update...knife is still in customs. The customs guy is extremely hard to get a hold of, and apparently he mispronounced or I wrote down the wrong email address as his emails are bouncing back. I already purchased a 940 up here because I am so frustrated, but I still need to get the knife sent back south so I can get my refund. WHAT A PAIN!!!!
 
Hi
You are pretty much out a knife unless you start an administrative process that is brutal. The customs officer may seize anything that he/she sees as a threat to Canada or is against the law. The RCMP Lab will make the real desision. Think of it like impared driving. The cop stops you because he thinks you are under the influence but it is the breathalizer results that are thereal evidence not the peace officer's observations. some people have beaten the chargebecause the process is not follwed properly ie calibration .time betwen tests etc.
Customs officers can be dicks and some are right on. New Graham knives (a US vendor) tightens folds up to make sure they get through our customs folks.
My son lost a knife to customs and I just replaced it for him to take the sting out of it.
It was easier than the paper meathode that would have made me loose it and I don't have the time for BS. I wish I had gone the paper route and won.
 
Lost 2 knives to Canada Customs, they classified them as gravity fed. From that time on, I only shop Canada.

Yes, why chance the hassle of buying out of country ? You aren't saving much if the knife is confiscated.
 
Yes, why chance the hassle of buying out of country ? You aren't saving much if the knife is confiscated.

Adds up quick if you buy a lot of knives!

Not to mention the limited availability from inside Canada! Just look at the amount of activity in the Canadian exchange compared to the American one.
 
Back
Top