Why keep Ballistic Knives illegal? Why declare them illegal to begin with? It was all based on paranoia from Law Enforcement and it should be overturned anyway...
Having said that, I think that the First Phase should be clearly defining what a Ballistic Knife is, what a Side-Opening Switchblade is, what a Front Opening [Out The Front=OTF] Switchblade is, and the difference between the coil springs, leaf springs and other sorts of springs and devices and that should set the record straight in Florida. Then it can clearly be seen that the Judge was acting on a dislike of Switchblades and Legislating from the Bench. In so doing, making many people criminals overnight because there was no provision for turning them in [not that I think anyone should] and no Provision for Collectors, making this an ex post facto law, after the fact, and therefore, un-Constitutional on its' face.
As for the Second Phase, no one is going to spend $5,000.00 on overturning a Federal or State decision on The Ballistic Knife. AKTI won't do it, and no one will.
HOWEVER...
DOES EVERYONE NOW SEE CLEARLY THE DANGER IN ALLOWING KNIFE LAWS TO BE PASSED TO BEGIN WITH? LAWS THAT ARE BORN OUT OF IGNORANCE, HYSTERIA AND IRRATIONAL FEAR? IF THE BALLISTIC KNIFE LAW HAD BEEN FOUGHT TO BEGIN WITH, THERE WOULD BE NO LAW IN FLORIDA FOR THE JUDGE TO ABUSE AND DECLARE A WHOLE OTHER GENRE OF KNIFE TO BE BANNED.
I KNOW THERE WAS NO AKTI BACK THEN, BUT THE POINT IS, WE SHOULD LEARN FROM THIS MISTAKE AND NOT REPEAT IT. ANYTIME YOU OPEN A DOOR, A JUDGE CAN ARBITRARILY BAN SOMETHING OUT OF IGNORANCE OR PREJUDICE. THIS IS PRECISELY WHAT HAS HAPPENED IN FLORIDA.
As for a Ballistic Knife, I couldn't care less about them, but the point is made. It was a Gateway that allowed a Judge to ban other knives, wasn't it?
The Ballistic Knife Law in Florida should be attacked as another ex post facto law, you cannot make people criminals overnight and with no provision for Collectors, that is precisely what Florida did, the Federal Government and many other States did. If there is no provision for you owning something and they ban it, from the moment the Bill becomes the Force of Law, you are a criminal. Even if you were taking that very knife to the dump to dispose of it yourself so no child could find it, etc., and you were pulled over for speeding, etc., you could be arrested for it, simply because the State or Federal Government has banned it.
That is but one reason ex post facto laws are un-Constitutional.
The State of Florida did not ban Archery Equipment, and while it is true that the Ballistic Knife is more concealable than a Bow and Arrow or a Crossbow, a
Pistol Crossbow is just a bit larger and could conceivably be concealed under a large jacket.
They are not banned in Florida. And they are far more lethal, even the lowly
Pistol Crossbow, much more lethal than a Ballistic Knife.
Furthermore, the law in Florida declared a knife propelled as a
Projectile to be banned, a side or front opening Switchblade is not a Projectile Weapon. Added to which, the State of Florida did not ban Spearguns, even though the letter of the law on the Ballistic Knife would ban a Speargun before any rational, intelligent human being could apply it to any form of Switchblade knife.
Why? The Florida Law on Ballistic Knives clearly states, a knife propelled by spring, elastomer or compressed air/gas as being banned. Which happens to be the three ways a Speargun can be powered and have been for decades. If the Switchblade is banned in Florida under the Ballistic Knife Law, common sense would dictate that the Speargun be banned and smaller Spear Guns ARE concealable as they have no limbs as a Crossbow does. And, Spearguns ARE more lethal, even out of the water, more so than a Ballistic Knife.
See how Florida's Tourist Industry would like to have that bomb dropped on them, that if you own a Speargun because it propels a SPIKE PROJECTILE, and there is no provision for Collectors, that you are a criminal overnight.
Something has to be said about Law Enforcement and the hysteria and crisis creators. There is a Constitution in this Country. The Constitution does not care one, tiny, little bit about altruism. The Constitution is there to prevent Tyrannical Government. It is there to prevent a Police State. Whenever Law Enforcement starts complaining that something should be banned and the Constitution is then ignored and ex post facto laws are created that have no practical purpose with the exception of cow-towing to the paranoia that the media and certain, select individuals can create, then you are living in a Police State.
The Constitution does not care about irrational and illogical attitudes and opinions, it is what it is and I think it is about time we start living by it again before this Grand Experiment in Liberty dies...
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Usual Suspect
Ipsa scientia potestas est aut disce aut discede
Some of my Knives and other neat things