New Customs Ruling

Sent out 5 letters so far. Hopefully everyone will and it will do some good.
P.S. Also just ordered two buck assisted openers.
 
Customs denied our request for an extension today so all letters need to be in to Customs by next Friday the 19th. They set the deadline for comment on a Sunday(6/21). No emails...must be snail mail.

Any questions go to the www.akti.org
 
they don't. but their chairborne ranger lawyers are screwing with the interpretation of the laws.
 
This link.... AKTI has the prewritten letter in (RTF & Word formats) ready for your personalization, and the address to mail to.

Scroll toward the bottom of the page for the letter and address.
 
I notice that SMKW had a write up about this ruling:

"ATTENTION SMKW CUSTOMERS - YOUR RIGHTS ARE AT RISK!

AKTI opposes U.S. Customs' attempt to classify assisted-opening knives and all one-hand-opening knives as switchblades.

Customs' proposal will make criminals of 35.6 million Americans.

The definition of a switchblade or automatic knife has been clear and explicit in federal law since 1958. There have been several court cases in California, Texas, Illinois and Michigan on the issue of assisted-opening knives. Every judge in every case has ruled they are not switchblades because they do not possess an activating button on the handle.

The only exception we are aware of is one Texas appellate case in 2007 and the Texas legislature has agreed with AKTI that the decision was made in error. The court incorrectly focused on a thumb stud on the blade (which is typical of many one-hand-opening pocket knives and is not banned by federal law, in Texas or in any other state). A thumb stud is not part of either the Texas or federal statutory definitions of a switchblade knife which clearly state that a switchblade must have a release button on the handle.

This case forced AKTI to introduce a bill in the 2009 Texas legislature to clarify the state's switchblade statute, reaffirm the 50-year-old federal definition, and clearly distinguish one-hand openers and assisted-openers from the entirely different class termed switchblades or automatics. The Texas House and Senate unanimously agreed and sent our bill H4456 to the governor?s desk for signature on May 29, 2009.

U.S. Customs is proposing to bypass Congress and expand the switchblade definition to include all knives that open with one hand. These include multi-tools, traditional pocket knives, one-hand openers, and assisted-openers.

More than 35.6 million law-abiding Americans now own one-hand-opening knives in one of the above four categories.

The majority of Americans who carry and use one-hand-openers every day need them for their jobs. They use them to save lives. They use them for gardening and scores of recreational activities.

If U.S. Customs succeeds, they will effectively ban all folding knives from interstate commerce. Individuals who cross state lines into states where switchblades are banned will be subject to arrest and prosecution.

To register your opposition to the U.S. Customs' plan (19 CFR Part 177) to re-classify assisted openers and all folding knives, address your comments by June 21, 2009, to:

19 CFR Part 177
U.S. Customs and Border Protection
Office of International Trade, Regulations and Rulings
Attention: Intellectual Property and Restricted Merchandise Branch
Mint Annex, 799 Ninth St. N.W.
Washington, D.C. 20229 CLICK HERE
FOR THE LETTER
YOU CAN SEND "


They even had a letter you can send, I must admit, I used there letter as a template. I thought it was a good letter.

"(Date)
U.S. Customs and Border Protection
Office of International Trade, Regulations and Rulings
Mint Annex, 799 Ninth St. N.W.
Washington, D.C. 20229

Attention: Intellectual Property and Restricted Merchandise Branch
RE: Opposed to 19 CFR Part 177

To whom it may concern:

I am asking you to reconsider your proposed revocation of the importation of assisted-opening knives as outlined in 19 CFR Part 177.

I am a knife owner. I am not a criminal. I use a folding knife for utilitarian purposes. (Your personal story.)

Your proposal, 19 CFR Part 177, is so broad in its proposed definition of a switchblade knife that it would outlaw multi-tools, traditional pocket knives, one-hand openers, and assisted-openers. Quite frankly, the size and style of a knife has nothing to do with any criminal intent.

Your proposal would make defacto criminals of me and more than 35 million other Americans who carry and use some type of utilitarian knife that opens with one hand. We are not "thugs and delinquents" as you try to portray us in your proposal letters. We use knives on the job in law enforcement, as EMTs, firemen, military personnel, construction workers, hunters, fishermen and women, hikers, bikers and gardeners. We use knives to save lives, to make our jobs and recreation easier and safer.

Your proposal would put America deeper into an economic crisis. There are nearly 4,000 people directly employed at the manufacturer/importer level in the U.S. sporting knife industry. Another 19,000 people support them by providing materials, packaging and shipping services. There are hundreds of distributors and retailers who would be adversely affected and many would go out of business. The industry generates nearly $1 billion annually at the manufacturer level and nearly $6 billion of total economic impact.

Sincerely,

(your name and contact information)"


But, I only sent one, I didn't think of sending more. Hopefully it will help.
 
AKTI has prepared and sent a very well done comment response to Customs Friday. It was put together mostly by Dan Lawson however many people reviewed and added bits and pieces.

I have not checked if it has been added to the akti website but it was very well written. Another great letter came from the NRA. I think these documents capture so much of the discussion on knives and tools and will be references for years to come. I will ask Jan (akti exec director) to make sure they are available.

They are pdf's so did not know how to paste them here.

Custom did grant June 22nd (Monday) as the final day for comments.

We did get word when they told us the 22nd would be allowed that they were suprised at the mail coming in so sounds like all of us have gotten their attention. Their decision is due July 21st which gives them 30 days to review all the comments
they got.
 
I agree the goal is to make a lawabiding person into a criminal....To be enforced against gunowners and folks who 'DARE' to speak out.
 
Hey, has anyone else seen this? I jsut got this e-mail from teh NRA saying that the Senate passed an amendment protecting assisted oping knives. Here's a link to the page:

http://www.nraila.org/Legislation/Federal/Read.aspx?id=5043


What do you all think?

- Jim

I think the job is half done, letters to your representatives quick as you can may complete the job. This is largely the work of the AKTI working with the office of Senator Mark Pryor of Arkansas, the the help of Senator Coryn of Texas and Hatch of Utah, they convinced the entire Senate Now we need the House.
 
It has been a while since I updated so here goes...the whole story is on the AKTI website.

We were successful in getting the Senate to add an amendment to the Department of Homeland Security (DHS) appropriations bill. That amendment struck the portion of a definition of a switchblade which dealt with gravity and inertia. With that removed assisted openers would then clearly not be switchblades.

The bill now goes to conference where they iron out the differences between what was passed in the House and that which passed in the Senate so what we are doing now is making sure our amendment does not get stripped in committee. Then it will be off to the president for final signature.

There is no grass roots action required right now as all we can do is wait and do some surgical influence on the legislators participating in the conference so sit tight. I am sure there will be a grass roots call to action again to reinforce a very strong voice so far.
 
Hi Mike...nope was meant as intended...with much finesse and very sharp instruments....

No news right now...still holding waiting on August recess and the healthcare circus to end.
 
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