- Joined
- Dec 8, 2000
- Messages
- 18
Hello Knife Industry:
Tuesday April 1, 2003
I shouldn't send important messages today without letting you know this is indeed a vital matter that we need your help with.
Last Thursday's hearing on the House version of the Florida bill (HB 1227) passed unanimously. It will now go to the full House for a vote. But the Senate version (SB 2256) is starting on its legislative journey with a hearing in the Senate Criminal Justice Committee on the morning of Thursday, April 3.
Even if you are not a resident of Florida, your letter to committee members will help. PLEASE SEND YOUR EMAIL LETTER TODAY SO YOU DON"T FORGET. THANK YOU.
Here is the letter I will be sending to committee members. You can make copies, adding additional language or making changes to reflect your personal views.
**************
Your Florida Senate Criminal Justice Committee is scheduled to review SB 2256 on Thursday, April 3. Please support this bill.
As a member of the American Knife & Tool Institute, I am concerned that the recent Florida v. Darynani case clearly went beyond the original intention of the Florida legislature when it expressly banned ballistic knives in 1985. The original bill sponsor, Senator Kiser, never intended this ban to apply to any other knives than those where the blade physically separates from the handle or body of the knife.
The practical result of the Darynani case and its misinterpretation of the statute 790.225 was to create thousands of "defacto" criminals in Florida. A wide range of knives commonly used by police, rescue personnel, firefighters, hunters, fishermen, hikers, carpenters, electricians, auto mechanics and even backyard gardeners across the state have been practically banned. If you know any of those people who depend on knives in their everyday lives, you know how important it can be to have a knife that opens with one hand. Countless lives have been saved in emergency situations where a user or rescuer could get a knife blade open with one hand. Let's not make criminals of these responsible law-abiding people just because they carry a pocketknife for their work or recreation.
Please support SB 2256 in your committee and please vote for it when it comes before the entire Senate.
Thank You.
David D. Kowalski
*************
Florida Cutlery Assn. Lobbyist Rick Watson's email address is ... rwatsn@aol.com ... he has also asked that you carbon him on your emails so he has a record of how many contacts have been made with the committee.
If you are from Florida, you should clearly indicate that in your email ... and you should certainly also carbon representatives from your home district since you will want them to vote for the bill in the full Senate.
If you are not a Florida resident, just your name would be sufficient identification.
DAVID KOWALSKI ... AKTI Communication Coordinator
Here is Rick Watson's recap, also the email and mailing addresses of Senate committee members....
Florida Cutlery Association Legislative Alert:
Thanks to everyone who contacted the Florida House Public Safety & Crime Prevention Committee. The bill passed unanimously. The house bill now goes to the floor for a final vote. That should occur in a couple of weeks.
The senate bill (SB 2256 Bennett-R, Sarasota) will be heard this Thursday, April 3rd at 9 AM in the Senate Criminal Justice Committee. Contact information for the committee members and talking points on the bill appear below. Call, fax, or email the members ASAP!
If you want to see a copy of the bills (which are identical), click on www.leg.state.fl.us and follow the prompts to the House, then type in 1227 and click "GO." If you want to see the senate bill, follow the prompts to the Senate, then type in 2256 and click "Go."
Your message should be "I'd like to ask the senator to support SB 2256 which should be heard in the Criminal Justice Committee on Thursday, April 3, 2003 at 9 AM. The bill clarifies Florida Statutes 790.25 so that automatic knives are not considered self-propelled knives." If you email a message, please blind copy me so I can know how many emails we're generating.
TALKING POINTS ON BILL:
PLEASE SUPPORT SB 2256 (Bennet-R, Sarasota)
This bill corrects a misinterpretation of Florida Statutes 790.225 by a District Court of Appeal case in South Florida. (Florida v Darynani 774 So. 2nd 855.) The statute was passed in 1985 in a bill sponsored by Representative Ros and Senator Kiser. The purpose of the bill was to prohibit the sale and possession of self-propelled knives known as "Serious Human Assassinations Weapons' [SHAW.) SHAWs were weapons where the blade separated from the handle and could project up to 35 feet. These devices should be prohibited.
The court case applied the prohibition to automatic knives, or switchblades. In automatic knives, the blade does not leave the handle. Senator Kiser has provided a letter which states his intention in passing the bill in 1985. The court's misguided interpretation has thrown into doubt the right to produce, sell, buy and own these automatics knives.
Firefighters, law enforcement, hunters, and collectors use automatic knives. It was never the intention of the legislature to prohibit these knives.
This bill clarifies that knives that have blades which separate from the handle are prohibited and that common automatic pocketknives that have blades which do not separate from the handle are not prohibited.
PLEASE SUPPORT SB 2256!
Contact information for the Senate Criminal Justice Committee:
Alex Villalobos (R-38) - Chair
Phone: 850-487-5130
Fax: 305-222-4162
villalobos.alex.web@flsenate.gov
Rod Smith (D-14) - Vice Chair
Phone: 850-487-5020
Fax: 352-955-6262
Smith.rod.web@flsenate.gov
Nancy Argenziano (R-3)
Phone: 850-487-5017
Fax: 352-860-5177
Argenziano.nancy.web@flsenate.gov
Victor Crist (R-12)
Phone: 850-487-5068
Fax:
Crist.victor.web@flsenate.gov
Mike Fasano (R-11)
Phone: 850-487-5062
Fax: 727-841-4453
Fasano.mike.web@flsenate.gov
Steven Geller (D-31)
Phone: 850-487-5097
Fax: 954-893-5091
Geller.steven.web@flsenate.gov
Tony Hill (D-1)
Phone: 850-487-5024
Fax: 904-924-1648
Hill.tony.web@flsenate.gov
Evelyn Lynn (R-07)
Phone: 850-487-5033
Fax: 386-676-4002
Lynn.evelyn.web@flsenate.gov
If you have any questions, do not hesitate to contact me.
Rick
Richard Watson & Associates, Inc.
PO Box 10038
Tallahassee, FL 32302
(850) 222-0000
(850) 222-0095
rwatsn@aol.com
Another note
Steve Shackleford of BLADE Magazine asked recently why I thought passing HB 1227 and SB 2256 was important to Florida knifemakers and knife owners. Here was my reply:
The passage of Florida House Bill 1227 and its companion version in the
Senate (SB 2256) are vital to Florida knifemakers and knife users because
they will "decriminalize" the carrying of any model of folding knife in the
state.
When the Court of Appeals very clearly went beyond the intention and the
letter of the statute banning "ballistic" knives, they proved that when the
knife industry is not represented, we're vulnerable. Judges and prosecutors,
who do not use knives in their work or recreation or who believe that all
knives (except their butter knives) are inherently evil, can make bad
decisions when dealing with limited facts and a narrow perspective.
The American Knife & Tool Institute supports banning ballistic knives where
the blade actually separates from the handle. But to apply that statute to
automatic knives means it could also be applied to "easy-opening" models and
virtually every model of one-hand-opening knives.
If the word "propelled" in the current statute can be misapplied (as it was
in Florida v. Darynani) to mean any opening of any knife blade in any
manner, then all folding knives are effectively banned in the state.
Passing HB 1227 and SB 2256 will restore Florida knife commerce and knife
ownership to the status it has enjoyed for some 40-50 years.
David Kowalski
AKTI Communications Coordinator
Tuesday April 1, 2003
I shouldn't send important messages today without letting you know this is indeed a vital matter that we need your help with.
Last Thursday's hearing on the House version of the Florida bill (HB 1227) passed unanimously. It will now go to the full House for a vote. But the Senate version (SB 2256) is starting on its legislative journey with a hearing in the Senate Criminal Justice Committee on the morning of Thursday, April 3.
Even if you are not a resident of Florida, your letter to committee members will help. PLEASE SEND YOUR EMAIL LETTER TODAY SO YOU DON"T FORGET. THANK YOU.
Here is the letter I will be sending to committee members. You can make copies, adding additional language or making changes to reflect your personal views.
**************
Your Florida Senate Criminal Justice Committee is scheduled to review SB 2256 on Thursday, April 3. Please support this bill.
As a member of the American Knife & Tool Institute, I am concerned that the recent Florida v. Darynani case clearly went beyond the original intention of the Florida legislature when it expressly banned ballistic knives in 1985. The original bill sponsor, Senator Kiser, never intended this ban to apply to any other knives than those where the blade physically separates from the handle or body of the knife.
The practical result of the Darynani case and its misinterpretation of the statute 790.225 was to create thousands of "defacto" criminals in Florida. A wide range of knives commonly used by police, rescue personnel, firefighters, hunters, fishermen, hikers, carpenters, electricians, auto mechanics and even backyard gardeners across the state have been practically banned. If you know any of those people who depend on knives in their everyday lives, you know how important it can be to have a knife that opens with one hand. Countless lives have been saved in emergency situations where a user or rescuer could get a knife blade open with one hand. Let's not make criminals of these responsible law-abiding people just because they carry a pocketknife for their work or recreation.
Please support SB 2256 in your committee and please vote for it when it comes before the entire Senate.
Thank You.
David D. Kowalski
*************
Florida Cutlery Assn. Lobbyist Rick Watson's email address is ... rwatsn@aol.com ... he has also asked that you carbon him on your emails so he has a record of how many contacts have been made with the committee.
If you are from Florida, you should clearly indicate that in your email ... and you should certainly also carbon representatives from your home district since you will want them to vote for the bill in the full Senate.
If you are not a Florida resident, just your name would be sufficient identification.
DAVID KOWALSKI ... AKTI Communication Coordinator
Here is Rick Watson's recap, also the email and mailing addresses of Senate committee members....
Florida Cutlery Association Legislative Alert:
Thanks to everyone who contacted the Florida House Public Safety & Crime Prevention Committee. The bill passed unanimously. The house bill now goes to the floor for a final vote. That should occur in a couple of weeks.
The senate bill (SB 2256 Bennett-R, Sarasota) will be heard this Thursday, April 3rd at 9 AM in the Senate Criminal Justice Committee. Contact information for the committee members and talking points on the bill appear below. Call, fax, or email the members ASAP!
If you want to see a copy of the bills (which are identical), click on www.leg.state.fl.us and follow the prompts to the House, then type in 1227 and click "GO." If you want to see the senate bill, follow the prompts to the Senate, then type in 2256 and click "Go."
Your message should be "I'd like to ask the senator to support SB 2256 which should be heard in the Criminal Justice Committee on Thursday, April 3, 2003 at 9 AM. The bill clarifies Florida Statutes 790.25 so that automatic knives are not considered self-propelled knives." If you email a message, please blind copy me so I can know how many emails we're generating.
TALKING POINTS ON BILL:
PLEASE SUPPORT SB 2256 (Bennet-R, Sarasota)
This bill corrects a misinterpretation of Florida Statutes 790.225 by a District Court of Appeal case in South Florida. (Florida v Darynani 774 So. 2nd 855.) The statute was passed in 1985 in a bill sponsored by Representative Ros and Senator Kiser. The purpose of the bill was to prohibit the sale and possession of self-propelled knives known as "Serious Human Assassinations Weapons' [SHAW.) SHAWs were weapons where the blade separated from the handle and could project up to 35 feet. These devices should be prohibited.
The court case applied the prohibition to automatic knives, or switchblades. In automatic knives, the blade does not leave the handle. Senator Kiser has provided a letter which states his intention in passing the bill in 1985. The court's misguided interpretation has thrown into doubt the right to produce, sell, buy and own these automatics knives.
Firefighters, law enforcement, hunters, and collectors use automatic knives. It was never the intention of the legislature to prohibit these knives.
This bill clarifies that knives that have blades which separate from the handle are prohibited and that common automatic pocketknives that have blades which do not separate from the handle are not prohibited.
PLEASE SUPPORT SB 2256!
Contact information for the Senate Criminal Justice Committee:
Alex Villalobos (R-38) - Chair
Phone: 850-487-5130
Fax: 305-222-4162
villalobos.alex.web@flsenate.gov
Rod Smith (D-14) - Vice Chair
Phone: 850-487-5020
Fax: 352-955-6262
Smith.rod.web@flsenate.gov
Nancy Argenziano (R-3)
Phone: 850-487-5017
Fax: 352-860-5177
Argenziano.nancy.web@flsenate.gov
Victor Crist (R-12)
Phone: 850-487-5068
Fax:
Crist.victor.web@flsenate.gov
Mike Fasano (R-11)
Phone: 850-487-5062
Fax: 727-841-4453
Fasano.mike.web@flsenate.gov
Steven Geller (D-31)
Phone: 850-487-5097
Fax: 954-893-5091
Geller.steven.web@flsenate.gov
Tony Hill (D-1)
Phone: 850-487-5024
Fax: 904-924-1648
Hill.tony.web@flsenate.gov
Evelyn Lynn (R-07)
Phone: 850-487-5033
Fax: 386-676-4002
Lynn.evelyn.web@flsenate.gov
If you have any questions, do not hesitate to contact me.
Rick
Richard Watson & Associates, Inc.
PO Box 10038
Tallahassee, FL 32302
(850) 222-0000
(850) 222-0095
rwatsn@aol.com
Another note
Steve Shackleford of BLADE Magazine asked recently why I thought passing HB 1227 and SB 2256 was important to Florida knifemakers and knife owners. Here was my reply:
The passage of Florida House Bill 1227 and its companion version in the
Senate (SB 2256) are vital to Florida knifemakers and knife users because
they will "decriminalize" the carrying of any model of folding knife in the
state.
When the Court of Appeals very clearly went beyond the intention and the
letter of the statute banning "ballistic" knives, they proved that when the
knife industry is not represented, we're vulnerable. Judges and prosecutors,
who do not use knives in their work or recreation or who believe that all
knives (except their butter knives) are inherently evil, can make bad
decisions when dealing with limited facts and a narrow perspective.
The American Knife & Tool Institute supports banning ballistic knives where
the blade actually separates from the handle. But to apply that statute to
automatic knives means it could also be applied to "easy-opening" models and
virtually every model of one-hand-opening knives.
If the word "propelled" in the current statute can be misapplied (as it was
in Florida v. Darynani) to mean any opening of any knife blade in any
manner, then all folding knives are effectively banned in the state.
Passing HB 1227 and SB 2256 will restore Florida knife commerce and knife
ownership to the status it has enjoyed for some 40-50 years.
David Kowalski
AKTI Communications Coordinator
