Feds ban Assisted openers and Flick knives

[riz_aaroni]

I wonder how many more cases like this we will soon see after this ruling :


OAKLAND - LAWFUEL - American Law Newswire - United States Attorney S...

Prosecutions
North America
Source: US Department of Justice




Posted on Thursday, April 12, 2007



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, 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.

Spyderco agreed to issue a Notice of Recall on its internet site for these butterfly knives and to mail this recall notice to reasonably identifiable customers. Spyderco also agreed not to import, transport, distribute, manufacture, sell, introduce, or attempt to introduce into interstate commerce knives defined as switchblades under the Switchblade Knife Act, in violation of the law.

The sentence was handed down by U.S. Magistrate Judge Wayne D. Brazil following the corporate guilty plea to one violation of Title 18, United States Code, Section 1716(j)(1), a class A misdemeanor.

Maureen Bessette is the Assistant U.S. Attorney who prosecuted the case with the assistance of Cynthia Daniel. The prosecution is the result of a one year investigation by the United States Immigration and Customs Enforcement.

Further Information:

Case #: CR0700203WDB

A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Holy crap that is bad. A little late reading that on my part, but wow. Pretty much everything about that article is messed up. You'd think with that almost half a million dollar payout they'd be able to educate themselves enough to not be idiots. :barf:

 

[hlc]

Hope they are going to ban the guns rather than knives, knives are useful

 

[frogmorton11]

I wrote my Representative last week. This is the reply I received:




Dear Friend:

Thank you for contacting me regarding a recent notice by the U.S. Customs and Border Protection (Customs) regarding knives. I agree with your concerns and welcome the opportunity to respond.

As you may know, on May 21, 2009, Customs proposed its intention to revoke previous rulings to reclassify legal assisted-opening knives as "switchblades." The knives under review are those that typically do not possess either a button on the handle, or operate automatically by gravity and inertia. Rather, they contain a spring (as do all other folding knives) which assists in the opening of the knife by some manual maneuver by thumb, finger or hand on the blade to start the opening process. The Customs reclassification would re-interpret the word "inertia" so as to cover all knives using a spring. As a result, these assisted-opening knives would be classified under The Switchblade Act of 1958, which prohibits the manufacture and sale of switchblades in interstate commerce.

Like you, I am concerned that this reclassification would render millions of law-abiding knife owners as criminals and expose major market retailers, manufacturers, dealers and importers to possible federal felony charges. Additionally, these knives have a direct economic impact of approximately $6 billion annually, and are used by police, firemen, sportsmen, handymen, hunters, fishers and gardeners for years. Designation of these knives as a "switchblade" would criminalize the possession and sale of these tools. Consequently, importers and domestic manufacturers would be run out of business, thereby jeopardizing thousands of jobs. Further, it is not clear if Customs intends to treat all one-hand opening knives in the same manner, which would have an even larger impact. Finally, this proposal would contradict the intent of the legislatures in many states and state courts that have ruled that assisted-opening knives are not switchblades.

You will be pleased to know I recently signed a letter to Homeland Security Secretary Janet Napolitano regarding this issue. The letter explained the legal ramifications of this proposed rule and urged Secretary Napolitano to withdraw Custom's notice of proposed revocation of ruling regarding assisted-opening knives. Additionally, the letter warned Secretary Napolitano of the severe economic strain that this ruling would place on the U.S. knifing industry. During these difficult economic times we cannot afford even a minor ripple in this industry in particular due to a negative Customs decision.


Again, thank you for taking the time to contact me. I hope my actions have proved useful to you. Please to not hesitate to contact me if I can be of further service.


Sincerely,


JOHN SHIMKUS
Member of Congress

 

[garyl43]

I gave up nearly a year ago trying to reason with people who use the word socialist to describe barack obama. its like trying to have a conversation abou the evolution of species with someone's whos first words are "the earth is 6000 years old". I frankly dont care what you think about me or my views, because I know that it is not the policy of anyone who tries to politicize the actions of a government agency that is still overwhelming filled with previous appointees (of course, most of the posistions are held by civil servants, although the relevant ones are not) to care about the issues. If you did, you wouldnt have made that comment in the first place.

Anyway here is what you need to know from the pdf:



so they are going to toss all of their previous cases in which they allowed the importation of a/o knives because they had determined they were not switchblades. these rulings also went into detail about detents, and they used the existence of detents or backwards pressure from a spring to exclude one handed openers as "gravity knives".

those rulings are gone too, which is why ritter said this could have a BIG impact. it would seem that at the very least axis locks / arc locks / etc are going to be targets of this.

I thought I would point this out as well:



he's right you know, getting angry doesnt solve the issue. strive first to understand what is going on, write your letter, and then edit it down even further. no one is going to take you seriously if you write something saying

"you stupid ****s are so stupid why u do this? I lurv a/o knives I use one all the time!". because as stupid as we all think politicians are, they think doubly of us, and this is exactly what they read unless what you write is really well thought ought.

http://www.youtube.com/watch?v=D9X2...rings.org/blog/?p=594&feature=player_embedded :barf:

 

[Rich S]

I wonder if US Customs realizes that this ruling would also ban common box cutters used in every store in the US since the blade is extended with a one hand slide operation? They are already banned as weapons on planes (remember 9-11). I guess we all can go to carrying fixed blade sheath knives.

Rich

 

[cbach8tw]

Okay, can anyone give me a figure or information about what are the percentages of crimes, etc. that are committed with assisted openers or one handed knives? My point, if they are used in a miniscule amount, would not also the facts suggest that changing the law would be like using a sledge hammer to swat at a fly? There were would be more damage done than any hope of preventing such small amount of incidents of crimes using these knives. I am not going political, but I could not figure where to post n the Political forum here on BF. It is great news that some reps are trying to stand up and prevent this kind of change.

 

[auspx]

The knives that are used in most stabbings are common fixed-blade kitchen knives. Most politicians know this.

This new law is simply about demonizing people who own and carry knives thus making it easier to arrest and prosecute us. I wonder what will happen now to multitools with OH blades like the LM Wave and the OH-Trekker. Will Leatherman and Victorinox finally begin to fight this nonsense?
:thumbdn:

 

[auspx]

Okay, can anyone give me a figure or information about what are the percentages of crimes, etc. that are committed with assisted openers or one handed knives? My point, if they are used in a miniscule amount, would not also the facts suggest that changing the law would be like using a sledge hammer to swat at a fly? There were would be more damage done than any hope of preventing such small amount of incidents of crimes using these knives. I am not going political, but I could not figure where to post n the Political forum here on BF. It is great news that some reps are trying to stand up and prevent this kind of change.

Even if it was 100% that's not a reason to ban these knives. How about severely increasing the penalty for any crime when a lethal weapon is used?

We need to be careful not to fall into this "it's only a small %" trap. In NYC guns are used in about 65% of all murders and the local politicians think that's a valid reason to have a gun ban. They would never suggest perhaps giving the death penalty to anyone who uses a gun in a 1st degree murder. But taking away everyones constitutional rights, that's OK with them. But they didn't stop there. AO and OH knives are pretty much illegal too in NYC.

 

[Critter]

URGENT ACTION ALERT: Write your Senators NOW to STOP funding for Customs' Pocket Knife Grab.

Knife Rights News Slice Vol. 2 Number 11

Write your Senators NOW to STOP funding for Customs' Pocket Knife Grab. As you are aware, Customs is proposing to prohibit the import of assisted and one-hand openers and in the process has broadly re-defined what a Switchblade is to cover almost all pocket knives, with potential far-reaching consequences. Our best bet to stop Customs in the short term is for Congress to prevent them from spending a dime to implement their proposed ruling. The Department of Homeland Security (DHS) Appropriations Bill will be taken up by the Senate on Tuesday, July 7th. We need your help NOW to rally support for an amendment to stop funding for this Customs rulemaking.

Timing has not worked in our favor as D.C. has become a ghost town due to the July 4th recess. We will have two days to make this work upon their return. Your emails to Senate offices will get their attention and be a huge help as our lobbyists and legislative representatives work Monday and Tuesday to get an amendment introduced and voted into the DHS Appropriations Bill. Contacting Senator Patty Murray [D-WA] and Senator George Voinovich [R-OH] is particularly important because they are ranking members on the Senate Appropriations Committee's Subcommittee on Homeland Security. Still, contacting your own Senators is also very important and their support is needed as well.

Pass this Action Alert to everyone you know and urge them to ACT NOW! Post on every online forum and social networking site you can. We need to generate thousands of emails before next Monday. If you have a personal relationship with any Senators or their staff, now is the time to call (well, maybe Monday since nobody is in the office now). Personally know a radio or TV talk show host? Please have them contact me (http://bit.ly/vo1uA ) so we can reach out to a wider audience. Help save our Knife Rights; STOP this ridiculous and illegitimate rulemaking by Customs. WRITE TODAY!

Please note that multiple members of a household can and should each write separately.

We encourage you to use the two sample letters below and copy and paste into the email forms. If you want to further personalize your letter, please be POLITE and NON-PARTISAN. The "enemy" is Customs, not the Administration. We can only succeed with the support of both parties. DO NOT yell, don't rant and don't be rude! Stay focused and stay on message. This is NOT the time or place to express your frustrations or make any other political points or complaints.

Just four simple emails can make a BIG difference!

NOTE that there are TWO different letters, one for Senators Murray and Voinovich and one for your own two Senators (unless Murray or Voinovich happens to be your own Senator):

Email forms for Senators Murray and Voinovich can be found here:

Senator Murray: http://murray.senate.gov/email/index.cfm
Senator Voinovich: http://tinyurl.com/2rpu4p

1. Sample Letter for Senators Murray and Voinovich:

RE: U.S. Customs & Border Protection Proposed Revocation of Ruling Letters and Revocation of Treatment Relating to the Admissibilty [sic] of Certain Knives with Spring-Assisted Opening Mechanisms

Dear Senator [Murray or Voinovich, as appropriate],

As a pocket knife owner, I am extremely concerned about the recently announced Customs ruling, which wrongly interprets federal law and would prohibit the importation of many of the sporting and utility knives that I use and enjoy. Their overly broad and novel new interpretation of what a Switchblade is could make me a felon for carrying a simple pocket knife. Additionally, the economic impact of the ruling on the knife trade would be severe. Pocket knives utilizing assisted or one hand opening technology are the dominant share of the market, and prohibiting the use of the technology would force significant job losses, and the potential loss of entire businesses.

This type of Federal regulation is totally unnecessary, and I strongly urge you to work with representatives from Knife Rights and other advocacy organizations on an appropriate restriction to prevent Customs from implementing this ruling.

Knife Rights and other advocacy organizations will be contacting your office to discuss with you concrete ways to prevent Customs from acting on their intention to reclassify sport/utility knives as switchblades.

Thank you for your time and consideration.

Sincerely,

[Individual Signature]

- - - - - - - - - - - - - - - -

2. Locate YOUR OWN Senators and their email forms here:

http://www.senate.gov/general/contact_information/senators_cfm.cfm

Sample Letter to YOUR Senators:

RE: U.S. Customs & Border Protection Proposed Revocation of Ruling Letters and Revocation of Treatment Relating to the Admissibilty [sic] of Certain Knives with Spring-Assisted Opening Mechanisms

Dear Senator [Insert Senator’s Name],

As a pocket knife owner, I am extremely concerned about the recently announced Customs ruling, which wrongly interprets federal law and would prohibit the importation of many of the sporting and utility knives that I use and enjoy. Their overly broad and novel new interpretation of what a Switchblade is could make me a felon for carrying a simple pocket knife. Additionally, the economic impact of the ruling on the knife trade would be severe. Pocket knives utilizing assisted or one hand opening technology are the dominant share of the market, and prohibiting the use of the technology would force significant job losses, and the potential loss of entire businesses.

This type of Federal regulation is totally unnecessary, and I strongly urge you to support efforts by Knife Rights and other advocacy organizations to prevent Customs from acting on their intention to reclassify sport/utility knives as switchblades.

Thank you for your time and consideration.

Sincerely,

[Individual Signature]

- - - - - - - - - - - - - - - - - - -

Be a Knife Rights Spokesperson on the 4th!

Attending a July 4th party or celebration over this holiday weekend? Talk to everyone you meet. Ask them to write their Senators and Representatives. Send them to Knife Rights for more information and the sample letter. YOU can make a difference in this fight. Speak up and be heard.

It's worth noting that virtually every Member of Congress heads home for the July 4th holiday, in large part to attend celebrations and meet with their constituents. If you happen to run into one of your Senators or Representative at a July 4th event, please take a moment to ask them to help stop funding for Customs' Pocket Knife Grab. Be polite, non-partisan and sincere, and if they tell you it's nothing to worry about, suggest to them that they are being bamboozled by Customs and to take a closer look. Nothing beats a personal, one on one, request for action. All the facts are available in our Comments submitted to Customs: http://bit.ly/1NqNYi

NEW: Show Off Your Support for Knife Rights

Celebrate Independence Weekend by supporting this fight for our freedoms with a "STOP U.S. Customs' Pocket Knife Grab" t-shirt, mug or any of the other clothing or accessories from the new Knife Rights Online Marketplace on Cafe Press: http://www.cafepress.com/KnifeRights 100% of the profits go to support this fight.

If you are graphically talented, please submit your own design and/or slogan for possible use on a shirt, etc. Designs must be in good taste and be 10x10 in., 300 dpi, JPG or PNG format. All designs submitted become the property of Knife Rights, Inc. Email to: customs@KnifeRights.com

Knife Rights on Twitter

Follow Knife Rights on Twitter and receive the latest updates and notices as soon as they occur:

http://twitter.com/KnifeRights

Join or Donate to Knife Rights

Your membership dues help support our efforts to protect your rights. Invest a modest sum in A Sharper Future™. Join at the Benefactor level to help us even more.

JOIN NOW! http://tinyurl.com/qnu988

PLEASE DONATE TO SUPPORT THIS FIGHT FOR YOUR KNIFE RIGHTS!

We need your help: http://bit.ly/Scvp9

Copyright 2009, Knife Rights, Inc.
This may be reproduced. It may not be reproduced for commercial purposes.


Doug Ritter
Chairman and Executive Director
Knife Rights, Inc.
a 501(c)(4) Member Organization
dritter@KnifeRights.org
Twitter: http://twitter.com/KnifeRights

 

[Critter]

Duplicate Post Deleted, Sorry.

 

[cave dave]

Doug,

How would the new "switchblade" definition look in regards to
Amendment Number 1447 to DHS Appropriations H.R. 2892.

I downloaded the pdf but it just says remove "or" add ";" etc, etc.

 

[doo rag]

Hope they are going to ban the guns rather than knives, knives are useful

If they succeed in banning firearms, they will come after knives. (Check British knife laws. One source is britishblades.com http://www.britishblades.com/forums/showthread.php?t=975 and the "Ask a Cop" thread http://www.britishblades.com/forums/showthread.php?t=2011

If they succeed in banning knives, they will come after firearms.

I've enjoyed shooting as a hobby for 40 years. While I don't hunt, I know many hunters here in Florida who supplement their supply of meat with deer and wild hog.

My daughter used a revolver to stop an intruder breaking into our home when she was 18. He was halfway in our house and in the process of forcing a sliding glass door open. she drew down on him with a large S&W .45 acp revolver. He ran.

Firearms can be VERY useful.

 

[Critter]

Doug,

How would the new "switchblade" definition look in regards to
Amendment Number 1447 to DHS Appropriations H.R. 2892.

I downloaded the pdf but it just says remove "or" add ";" etc, etc.

Many have asked how this Amendment 1447 would solve the Customs switchblade issue. We've got your answer here: http://bit.ly/Mwd5E

 

[Pointshoot777]

Okay, can anyone give me a figure or information about what are the percentages of crimes, etc. that are committed with assisted openers or one handed knives? My point, if they are used in a miniscule amount, would not also the facts suggest that changing the law would be like using a sledge hammer to swat at a fly? There were would be more damage done than any hope of preventing such small amount of incidents of crimes using these knives. I am not going political, but I could not figure where to post n the Political forum here on BF. It is great news that some reps are trying to stand up and prevent this kind of change.

A very reasonable response - - - but I'm afraid, IMO, that many are missing the point.
Its not about the potential dangers of AO knives, (or even switchblades, which were banned over the hoopla after the movie "West Side Story" decades ago even though there was no crime wave of switchblade attacks). Its all about politics, and that's about Control of You with a Capital C by lawyer/liar/politicians (Dem & Repub) and fat as$%^ed bureaucrats who couldn't make it in what's little left of the free market.
If you don't go political, and think in terms of showing them with reason the facts - - - - you lose.

 

[gnius]

Just making sure everyone here knows:

http://www.nraila.org/Legislation/Federal/Read.aspx?id=5043
Friday, July 10, 2009

Late Thursday, the Senate unanimously passed an amendment to the Federal Switchblade Act as part of the Homeland Security appropriations bill. The amendment, authored by Sens. John Cornyn (R-Tex.), Mark Pryor (D-Ark.) and Orrin Hatch (R-Utah), changes the federal law under which one agency had tried to redefine many common knives as switchblades.

Hats off to Knife Rights, NRA, and all the who organized and supported this collective effort, including Mr. Ritter, and everyone who contributed by sending their letters.

Now, we just need this to pass the House and be signed by the President.

 

[Warp]

A very reasonable response - - - but I'm afraid, IMO, that many are missing the point.
Its not about the potential dangers of AO knives, (or even switchblades, which were banned over the hoopla after the movie "West Side Story" decades ago even though there was no crime wave of switchblade attacks). Its all about politics, and that's about Control of You with a Capital C by lawyer/liar/politicians (Dem & Repub) and fat as$%^ed bureaucrats who couldn't make it in what's little left of the free market.
If you don't go political, and think in terms of showing them with reason the facts - - - - you lose.

Exactly. "Gun control isn't about guns, it's about control"

The same is true of many other things, including knife regulations.

And it really pisses me off.

 

[nphelps4130]

Here is the response I got from Senator Casey in PA (bold added):

Thank you for taking the time to contact me regarding Custom and Border Protection’s proposed rule change to the Switchblade Act of 1958. I appreciate hearing from all Pennsylvanians about the issues that matter most to them.

On March 19, 2009, the Department of Homeland Security’s Bureau of Customs and Border Protection (CBP) proposed a rule to change the Switchblade Act of 1958 to also prohibit the importation of all spring- and release-assisted knives. Currently switchblades or knives by which a button triggers the spring loaded blade are prohibited.

According to the CBP, the only knives this proposed rule would affect are those “constructed with a spring-assisted opening mechanism, not all knives with thumb studs or those designed to be opened with one hand.” No prohibition on common and special purpose knives such as jackknives, standard pocketknives, and scout knives will be imposed. This new rule would only affect those spring- and release-assisted knives that are imported as CBP does not have jurisdiction over knives produced in the United States.

The proposed rule change would to go into effect on July 21, 2009. I understand that many people have strong feelings on this issue. Please be assured that I will continue to examine this proposed change to ensure that it is in the best interest of the American public.

Again, thank you for sharing your thoughts with me. Please do not hesitate to contact me in the future about this or any other matter of importance to you.

If you have access to the Internet, I encourage you to visit my web site, http://casey.senate.gov. I invite you to use this online office as a comprehensive resource to stay up-to-date on my work in Washington, request assistance from my office or share with me your thoughts on the issues that matter most to you and to Pennsylvania.

Sincerely,
Bob Casey
United States Senator

 

[nphelps4130]

Now, we just need this to pass the House and be signed by the President.

Any news or updates on this? When will this go to the House?

 

[taspankya]

yea? whats the update?

 

[NDIT]

Some in the government don't understand the need for a knife or a gun. Weather or not their is a need is not the point. Talking points would be like this .....Criminals will always have guns and knives cause they dont follow the law any how. a rebuttal to this is... Well some will and that's a good point but by passing this law we will make it harder to obtain these weapons of death...lol
Now the true point has nothing to do with these really good sounding talking points, to safety or the preservation of life (these are dis-tractors). The true point is that the government will be allowed to have these weapons and we will not. We "Americans" have enjoyed the Rule of Law for sometime, I think some have forgotten why weapons "the Right to Bear Arms" is a RIGHT!!! Our government is slowly taking these right from us, this is the point. We must not forget our history, and we must fight for our rights, legislatively threw writing our congressmen, joining the NRA and other fantastic groups which fight for these rights that our grand, grand father fought and died for.