I live in PA, and will occasionally haul my blade collection up to the fleamarket, gun shows, knife shows, etc, etc, etc. But I was thinking about selling some on places like ebay. What are the legalities to this? Will I get in trouble for selling to certain people? places? I just don't want the feds coming to my door....
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Legalities of selling knives.
- Thread starter bighat10
- Start date
NJBillK
Custom Leather and Fixed Blade modifications.
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I am not definite, but I believe the responsibility lies on the purchaser to be sure they are within the realm of legality when purchasing something.
If it was up to the seller to ensure legality, the secondary markets would tank due to the red tape and infringements on the sellers lack of sovereignty over their own goods.
On a side note, there is a thriving market Here for knives! Jump up to Gold and enjoy the exchange.
If it was up to the seller to ensure legality, the secondary markets would tank due to the red tape and infringements on the sellers lack of sovereignty over their own goods.
On a side note, there is a thriving market Here for knives! Jump up to Gold and enjoy the exchange.
Which is why you see disclaimer statements such as - By purchasing you are confirming that you are legally allowed to purchase and/or possess such an item.
Or on your fav pr0n site - By clicking on "Proceed" you are confirming you are of legal age.
Shipping automatics by USPS to your average joe is illegal, but other than that, it is the buyer's responsibility to know the laws of their state. The biggest thing to watch out for is eBay's policies and PayPal's policies. If I remember right, eBay bans the sale of autos and balisongs on their site.
Comeuppance
Fixed Blade EDC Emisssary
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I have bought and sold more knives on ebay and on the forums than most people buy boxes of cereal in their lives.
You'll be fine. I've never ever heard of federal involvement in cutlery sales, outside of it being illegal to ship automatic knives via USPS (IIRC). (...Not to say I haven't gotten every single one of my autos in a flatrate box, but, hey., they're not x-raying boxes and looking for Benchmades.)
You'll be fine. I've never ever heard of federal involvement in cutlery sales, outside of it being illegal to ship automatic knives via USPS (IIRC). (...Not to say I haven't gotten every single one of my autos in a flatrate box, but, hey., they're not x-raying boxes and looking for Benchmades.)
As straightforwardly as I can, read and follow the rules and laws of wherever you intend to sell. You will ultimately bear the brunt of anything that goes sideways in some form or another. If you don't want "the feds coming to your door", then spend some time studying up on what you want to do.
You can and will encounter the most problems with automatic knives and balisongs based on certain areas. Payment methods are what is regulated, Paypal used incorrectly as a seller can get your account closed or frozen. I will say that some people may be getting close to discussing things that can be considered illegal, so proceed with caution.
Now do you mean full automatic like push a button, boom blade. Or spring assisted?(I really don't see a difference... I can open a spring, and just regular thumbstud manual almost just as quickly as a auto but thats beside the point)
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With few exceptions, shipping an automatic across state lines by any carrier is a felony under federal law. The knife is probably contraband and subject to seizure if caught on the way. The law sees a difference between automatics and assisted-opening knives.
Spring assisted is not considered automatic. Here's some reading material regarding autos. if you don't intend on selling autos, you may not want to waste your time reading it though. From what I can decipher from this mumbo jumbo, shipping an automatic knife via USPS is illegal unless it pertains to law enforcement or military for use in the course of duty. I believe that UPS or Fedex can be used but only within the state that you are in. If you truly want to understand it all then you'll just have to read it and come to your own conclusion, hopefully your comprehension skills are better than mine, because with a lack of "legal" definitions, the wording can be translated many ways.
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29 U.S. Code
§1241. Definitions
(a) The term interstate commerce means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof.
(b) The term switchblade knife means any knife having a blade which opens automatically
(1) by hand pressure applied to a button or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both.
§1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty
Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
(Pub. L. 85623, §2, Aug. 12, 1958, 72 Stat. 562.)
§1244. Exceptions
Sections 1242 and 1243 of this title shall not apply to
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 83 - POSTAL SERVICE
Section 1716. Injurious articles as nonmailable
(g) All knives having a blade which opens automatically (1) by
hand pressure applied to a button or other device in the handle of
the knife, or (2) by operation of inertia, gravity, or both, are
nonmailable and shall not be deposited in or carried by the mails
or delivered by any officer or employee of the Postal Service. Such
knives may be conveyed in the mails, under such regulations as the
Postal Service shall prescribe -
(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 ordering,
procuring, or purchasing such knives in connection with the
activities of such organizations;
(3) to supply or procurement officers or employees of any
State, or any political subdivision of a State or Territory,
ordering, procuring, or purchasing such knives in connection with
the activities of such government; and
(4) to manufacturers of such knives or bona fide dealers
therein in connection with any shipment made pursuant to an order
from any person designated in paragraphs (1), (2), and (3).
The Postal Service may require, as a condition of conveying any
such knife in the mails, that any person proposing to mail such
knife explain in writing to the satisfaction of the Postal Service
that the mailing of such knife will not be in violation of this
section.
§1241. Definitions
(a) The term interstate commerce means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof.
(b) The term switchblade knife means any knife having a blade which opens automatically
(1) by hand pressure applied to a button or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both.
§1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty
Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
(Pub. L. 85623, §2, Aug. 12, 1958, 72 Stat. 562.)
§1244. Exceptions
Sections 1242 and 1243 of this title shall not apply to
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 83 - POSTAL SERVICE
Section 1716. Injurious articles as nonmailable
(g) All knives having a blade which opens automatically (1) by
hand pressure applied to a button or other device in the handle of
the knife, or (2) by operation of inertia, gravity, or both, are
nonmailable and shall not be deposited in or carried by the mails
or delivered by any officer or employee of the Postal Service. Such
knives may be conveyed in the mails, under such regulations as the
Postal Service shall prescribe -
(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 ordering,
procuring, or purchasing such knives in connection with the
activities of such organizations;
(3) to supply or procurement officers or employees of any
State, or any political subdivision of a State or Territory,
ordering, procuring, or purchasing such knives in connection with
the activities of such government; and
(4) to manufacturers of such knives or bona fide dealers
therein in connection with any shipment made pursuant to an order
from any person designated in paragraphs (1), (2), and (3).
The Postal Service may require, as a condition of conveying any
such knife in the mails, that any person proposing to mail such
knife explain in writing to the satisfaction of the Postal Service
that the mailing of such knife will not be in violation of this
section.
Ebay does not allow the sale of the following:
Be aware that certain handle such as elephant ivory and tortoise shell and sheath material such as sea turtle skin are not allowed as well.
Keep in mind that PayPal has its own rules concerning what financial transactions they allow for goods sold whether or Ebay or elsewhere such as in the forum exchange. I have had PayPal transactions flagged for review because they contained certain keywords like mammoth ivory. Learn and abide by the rules of Ebay, PayPal, USPS, UPS, etc. and you should be fine.
- Automatic knives
- Balisong knives
- Butterfly knives
- Dual-action knives
- Gravity knives
- Hidden or disguised knives such as air gauge knives, belt buckle knives, lipstick case knives, or writing pen knives
- Out-the-front (OTF) knives
- Paratrooper knives
- Push knivesthey're also called push daggers, punch daggers, punch knives, push dirks, and T-handled knives
- Replica or imitation switchblades
- Shuriken
- Switchblade knives (knives with a blade that open automaticallyfor example, by pressing a button or through inertia or gravity)
- Sword canes
- Throwing stars, ninja stars, throwing cards, Batman symbols, or Cyclone knives
Be aware that certain handle such as elephant ivory and tortoise shell and sheath material such as sea turtle skin are not allowed as well.
Keep in mind that PayPal has its own rules concerning what financial transactions they allow for goods sold whether or Ebay or elsewhere such as in the forum exchange. I have had PayPal transactions flagged for review because they contained certain keywords like mammoth ivory. Learn and abide by the rules of Ebay, PayPal, USPS, UPS, etc. and you should be fine.
The USPS does not ship dangerous goods. If you don't pack your knives right and they pierce the box, you could get a visit from a federal postal inspector. My visitor was cool, but he did say that it could be very very bad. (I was the recipient not the shipper).
Thanks guys, this was all helpful. I will definitely be doing some reading before I sell anything. I should be okay though. I don't see a reason why they would care about me selling plain old pocket knives.
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Unfortunately, this is a wrong belief. Being either in the military or being a LEO does NOT repeat NOT make it legal to buy an automatic/switchblade across state lines.
If you read the Federal law that pertains to this VERY CAREFULLY and WITHOUT PRECONCEPTIONS you will see that it ONLY applies to MILITARY purchasing agents contracting to buy the knives in bulk from the manufacturer for sale and shipment to a MILITARY organization. Not an individual in the military. Not a military purchasing agent buying 1 for his/her own use. Not an individual who was in the military. Not a LEO. Not even a LEO department's purchasing agent. There is absolutely nothing in the law anywhere that evens mentions LEOs.
Some companies have a box in their order form on their websites that ask if you are military or LEO and if you check "yes", they will sell you the knife (sometimes they want the name of the organization/department you are with), but they are still technically committing a felony when they do so. The Feds just have way to many other things on their plates to pursue it until someone make a "Federal Case" out of it.
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look at all of the legal experts in here, haha. You knowing the laws is one thing but I would get an insurance general liability policy. It would protect your liability and business personal property (among other things). Also, you will need a liability type policy when it comes to selling product at venues, FYI.
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Commercial General Liability Insurance would help if a claim was made that someone was injured due to a defect in a product that you sell.
Speaking of selling automatics, I think you would find that you are not allowed to insure against criminal liability or intentional commission of wrongful acts. No such policies are offered, and, if they were, they would be void.
Speaking of selling automatics, I think you would find that you are not allowed to insure against criminal liability or intentional commission of wrongful acts. No such policies are offered, and, if they were, they would be void.
I was looking at liability insurance tonight. Its not all that expensive... especially when someone tries to sue me for everything I have. I am also looking into a LLC. That way they can sue my company and not get all that much compared to sueing me personally and getting my house, vehicles, etc, etc, etc.
Really? Haven't had an issue with any of my venues yet.. but its not a bad idea to get liability policy.
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Nope. Not an expert. Never claimed to be one. Nor have I slept at a Holiday Inn in the past 40 years. I'm just quoting/paraphrasing what A DEFENSE ATTORNEY (who by definition IS a legal expert) told me when I specifically asked him about such a situation.