The U.S. Government Is Trying To Take Away Your Pocket Knives!

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  • 4sarge

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    Mar 19, 2008
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    FREEDONIA
    The U.S. Government Is Trying To Take Away Your Pocket Knives!



    The U.S. Government is after your Pocket Knives! In a sneak attack, U.S. Customs has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposal would not only outlaw assisted opening knives, its overly broad new definition of a switchblade would also include all one-handed opening knives and most other pocket knives!



    Knife Rights is geared up to help win this fight, but we cannot do it without your help, your emails, your letters. The fight can only be won if we raise enough hell that they are convinced they will not get away with this. YOU are the most effective arrow in our quiver, the most powerful cartridge in our gun.



    Read on for the whole story and how you can make a difference and save your Knife Rights.



    Knife Rights was formed three years ago because we knew it was only a matter of time before there would be a major attempt to take away our knives, as has occurred in England, Europe and elsewhere. Up until now, the battles have been fought at state and local legislative levels, such as the recent scare in Hawaii: < http://www.kniferights.org/index.php?option=com_content&task=view&id=72&Itemid=29 >. It has been a battle of a million little cuts. Little did we guess that the first major battle at a national level wouldn't come head on, but with government bureaucrats trying to sneak it by everyone, avoiding a more conventional legislative battle, which they'd likely lose.



    U.S. Customs & Border Protection (CBP) just a bit over two weeks ago on May 21st proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives, its new broad definition of a switchblade would also include one-handed opening knives and could be easily interpreted to cover most other pocket knives, even simple old-fashioned slip-joints. At this point, one-hand opening and assisted opening knives are 80% of U.S. knife sales (per AKTI industry sources). For most knife companies, they represent all or the majority of their product lines. These are the knives Americans take with them to work and to play everyday.



    Note, please, that CBP's interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. This ruling by CBP is NOT limited to just imports. This WILL affect virtually everyone who carries a pocket knife, no matter the type!



    CBP came up with this absurd proposal and then tried slipping it into their regular notices, apparently hoping nobody would become aware of until too late. They provided for only the minimum 30-day comment period, and there's no email comments allowed. Obviously, they'd just as soon not hear from us. We're intending to disappoint them in that.



    CBP's proposal which would have effects far beyond that suggested in the title of the proposal, "Proposed Revocation Of Ruling Letters And Revocation Of Treatment Relating To The Admissibilty [sic] Of Certain Knives With Spring-Assisted Opening Mechanisms," which would be bad enough even if it only did that. However, this proposal would make it illegal for the estimated 40 million law-abiding Americans who own and carry pocket knives to do so. It would also cost this country dearly in destroyed businesses, lost jobs and ruined families. Thousands of jobs and billions of dollars would be lost. CBP clearly appears to not have considered the consequences of this unnecessary, inappropriate and even illegitimate action. Since CBP is not required to consider the effects of their actions, only Congress or the courts can rein them in. If left to the courts, the industry and our rights will be devastated and America will lose much, regardless of who wins the legal fight.



    The definition of what is a switchblade has been clear and settled for the most part since the Federal Switchblade Act was passed in 1958 and has been reaffirmed by many years of legal decisions. The Act is very clear that a switchblade must have an activating button on the handle. Without a button, it is not a switchblade and this has been upheld by numerous cases on many levels over the years. CBP's convoluted reasoning in their proposal to reach back beyond the law and to expand their regulatory purview by rationalizing "intent" as justification for this new interpretation is a stretch, at best, and illegitimate at worst. It simply doesn't meet the common sense test.



    CBP's reaching beyond the clear language of the Act in making this proposal is particularly questionable and irreconcilable because it flies in the face of virtually unanimous recent state court rulings (including several cases in California, Texas, Illinois and Michigan) where the issue of assisted-opening knives has already been decided in favor of the existing clear interpretation, that they are not a switchblade. They cherry-picked a few bizarre and untypical rulings from New York state from some years ago to provide support for their proposal, ignoring the many more recent rulings.



    For CBP to ignore this overwhelming existing body of law is inexcusably arrogant and borders on a reckless abuse of their power. For them to suddenly do an about face is akin to moving the goalposts after starting the game, and then completely changing the rules of the game besides, making every play ever devised illegal.



    Beyond that, their significantly expanded interpretation of gravity and inertia knives, also included in the Act, would clearly make one-hand opening pocket knives illegal and according to industry sources, 80% of pocket knives sold today are one-hand or assisted openers. Beyond even that clearly excessively broad seizure of authority, we know from past unfortunate experience in many cases over the years that this sort of misinterpretation leads to potential abuse by law enforcement where even the most simple and innocuous Boy Scout folding pocket knife can be opened one-handed by use of dangerous and unsafe tricks, so that these too would be covered under this expanded federal definition. This ruling would therefore make almost all pocket knives subject to being considered switchblades.



    The impact of this CBP ruling would go far beyond just imported knives because this "agency determination" will be used by domestic courts and law enforcement to determine what is a "switchblade" under both federal and state laws. Many states do not themselves define switchblades and simply rely on the federal definition and interpretation, which is only found in rulings by CBP. Since interstate commerce in switchblades is prohibited, except under very limited conditions, simply driving across a state line with a pocket knife in their possession would make someone a federal felon.



    Knifemaking in the U.S. has enjoyed a renaissance in the past decade or two as the genius and innovation of American knifemakers, designers and manufacturers has created a booming and vital American industry with thousands of exciting new knife designs that improve the function, utility and safety of the lowly pocket knife, one of man's oldest and most useful tools. Millions of Americans have responded to this innovation, creating a vibrant industry. For the most part these are family owned businesses that are American success stories, the core of America's economic strength. This proposal by CBP would destroy all that for no good reason. They don't need a bailout; they just need to be left alone to prosper.



    The knife industry tells us they employ nearly 24,000 Americans and have a nearly 6 billion dollar annual impact on our nation’s economy. If this proposed ruling is allowed to stand, thousands of jobs will be lost at the direct cost of billions of dollars. That doesn't even begin to cover the enormous cost to the country of those that would become unemployed, the ruined businesses, foreclosed homes, years of litigation by both industry against CBP and who knows how many criminal trials and appeals as law-abiding Americans fight this abusive attempt to take away their knives, as well as many other devastating unforeseen effects of this ill-considered proposal. Thousands of American citizens’ lives would be ruined. Millions of Americans would be impacted. The cost would be tragically huge, more so because it is neither necessary, nor desired by the vast majority of Americans.



    We are in for the fight of our lives to save our Pocket Knives and our essential Knife Rights. We can only win if you do your part. You have to write!



    Our first step is to convince CBP that we deserve more time to respond. Knife Rights has sent a letter to CBP requesting an extension to the ridiculously short 30-day comment period:



    http://www.kniferights.org/CBP-extention_request_FINAL.pdf



    We need your help to make an impression on CBP. They figured that they could slip this by everyone with little notice. We need to let CBP know that they are not going to get away with it; that we noticed and we are not happy and that we will not stand by while they take away our pocket knives.



    We need you to write CBP NOW! Their 30 day deadline is fast approaching and these letters must go via postal mail (or Fedex/UPS). Click below for a Model Letter you can send to CBP. You MUST write TODAY!



    http://www.kniferights.org/index.php?option=com_content&task=view&id=79&Itemid=29

    or

    http://tinyurl.com/q7w8tm



    However, the reality is that CBP isn't required to listen to our demands, but they do have to answer to Congress. After you send a letter to CBP, giving them notice they are not going to sneak this by us, the next step is to inundate Congress with emails and letters.



    If you want to be free to carry your pocket knives in the future, you need to write your Senators and Representative TODAY! Click below for a Model Letter you can send to Members of Congress. Only your efforts will stop this and save our Knife Rights!



    http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29

    or

    http://tinyurl.com/qqvmns



    We have prepared a Communicating with Congress page that includes tips to maximize the effect of your letters. This page was developed after consultation with experts who understand exactly how to get your message across to Members of Congress. We have also included easy links to find your Representatives, if you don't know who they are or the best way to reach them. How much of an impact your communication has can be significantly impacted by how and what you write. Our aim is to help maximize your impact so your Members of Congress actually listen and do something. PLEASE, click the link below and take a few minutes to review our Communicating with Congress page BEFORE you act.



    http://www.kniferights.org/index.php?option=com_content&task=view&id=77&Itemid=29

    or

    http://tinyurl.com/opbyt2



    Help us stop this ill-conceived effort by CBP before it puts thousands of more Americans out of work and destroys one of America’s oldest industries, causing great harm to our nation and many American families. Help us stop these faceless, heartless bureaucrats from destroying our essential American freedoms. This nation has many more important issues that need our attention and energy in this time of crisis.



    NOW IS THE TIME WE MUST DO BATTLE! WE HAVE NO TIME TO WASTE.



    GET ON YOUR COMPUTERS AND SEND THESE LETTERS and EMAILS.



    Write Customs & Border Patrol NOW!



    http://www.kniferights.org/index.php?option=com_content&task=view&id=79&Itemid=29

    or

    http://tinyurl.com/q7w8tm



    Write your Senators and Representative TODAY!



    http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29

    or

    http://tinyurl.com/qqvmns



    Join Knife Rights and help support the fight to keep your Knife Rights!



    http://www.kniferights.org/index.php?option=com_acctexp&task=register

    or

    http://tinyurl.com/qnu988



    DO IT NOW! DO IT TODAY! DON'T WAIT!



    Thank you very much for your support!







    Doug Ritter

    dritter@KnifeRights.org



    Have you signed up? Go to: www.KnifeRights.org
     

    Paco Bedejo

    Master
    Rating - 100%
    1   0   0
    Mar 23, 2009
    1,672
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    Fort Wayne
    To break it down.....
    We are not allowed to have anything sharper than a football.

    And when Dryden says "football", he's of course referring to a non-American football.

    football.jpg


    ...if any of the threads are protruding, you could be brought up on charges for carrying a pointy weapon...
     

    paddling_man

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    Jul 17, 2008
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    Fishers
    KEEP WRITING FOLKS.

    History

    This is not the first time Customs sought to restrict assisted opening knives. In 2000, Customs seized 80,000 Columbia River Knife and Tool (CRKT) knives. Over a 16-day period, CRKT lost roughly $1 million in sales due to the seizure, according to AKTI. Customs eventually released the knives back to CRKT.

    Comments regarding the Customs proposal can be sent to the following address:

    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

    Comments will be accepted only through traditional mail until June 21, unless the extension filed by AKTI is approved.
     

    mike8170

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    Dec 18, 2008
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    Hiding from reality
    I heard about this on Cam and Company the other night, and I could not believe it. WTF, isn't Congress, whether state or federal, supposed to pass laws that bind the American population, not some 3rd rate bureaucrat that is doing nothing more than sucking up to the boss?

    I will not abide by this :poop: any more than the current laws, since I feel that they are wrong anyway. I am writing Brad Ellingsworth now, and voicing my opinion.

    This post is brought to you by Benchmade Autostryker, the choice of professionals :D
     

    rambone

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    4   0   0
    Mar 3, 2009
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    'Merica
    Knives to be banned from Importation

    From NRA-ILA:

    Customs And Border Protection Proposal Could Ban Many Pocketknives

    U.S. Customs and Border Protection (CBP) has issued a proposed rule change that directly targets the importation of "assisted opening" folding knives. (Read the proposed rule here.) The proposed regulations would designate all these knives as "switchblades" (despite the fact they do not fall under the federal definition of "switchblades"), and would make them illegal for import into the United States.

    The proposed rule could affect all knives that can be opened with one hand, because it also includes changes in the interpretation of "gravity and inertia" opening knives in a way that could outlaw all knives that can be opened with a single hand. This means the new regulation could ban the importation of most of the pocketknives that are now in popular use.
    :n00b:
     

    cubby

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    LaGrange, IN
    They already put a ban on butterfly knives last year.All the knife distributers can no longer get them.


    that is IMPORTED correct? i know you can buy butterfly knives. unsure on the country of origin is an issue on new manufactor.

    plus, American makers don't have to import their knives! :) go AMERICAN KNIFEMAKERS!
     

    m4_dave

    Plinker
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    5   0   0
    Apr 23, 2009
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    North Central IN
    Yeah my bad.That is correct on imported butterflys.The bad thing is not too many want to buy american made knives they are about 10 times more than chinese knives and as far as a retailer there's not much of a profit on them.If you are running a business and you have american products your spending money not making money.
     

    tyler34

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    Dec 2, 2008
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    bloomington
    5 days left guys keep the letters flowing! feel free to use this template, but remember HAND WRITTEN!!!

    Attn: Intellectual Property and Restricted Merchandise Branch//

    Commissioner Ahern,

    I have become aware that CBP is revoking earlier rulings that assisted opening knives (that require manual manipulation to deploy!) are NOT switchblades. Since many courts and legislative bodies rely upon these CBP knife definitions, this revised ruling will have broad and unintended consequences. Your re-definition of these folding knives will create foolish bureaucracy and regulation, criminalize millions of good people, create more economic hardship by destroying the knife and tool industry (and the military/LE access to these items as well), and in the end will only lessen public safety.

    • Knives are already highly regulated with current laws, both on national and local levels. Millions of good people across the country use folding knives for duty, utility tasks, outdoors activities, emergency services, rescue operations, and for legal defensive purposes. This CBP interpretation burdens law enforcement and will instantly criminalize about 40 million good people. It is very unlikely anyone would dispose of any knives and it will create unnecessary enmity between citizenry and government.

    • The economy is failing. And yet your ruling will make it worse. The outlawing of assisted opening AND most other folding knives with this ruling will destroy a thriving industry that employs thousands upon thousands of people. This is an industry that only needs to be left alone to succeed. And for years, succeed they have despite tremendous economic challenges. It is also this knife and tool industry that supplies these items to our armed forces and law enforcement officers. The CBP ruling will crush it and lead us further towards a full-on economic Depression. The military and police will have nowhere to turn for their knives then. Is this what you want?

    • A knife is a viable and legal defensive tool, often carried by reasonable and good people. This CBP revocation is a capricious assault of these defensive and utility tools legally used by millions of Americans. Like a firearm, these tools should enjoy the same Constitutional protections (arms) and the bad guys will always have such items and they always have. It is only the law abiding citizen that will be felonized by this assault on knife possession. Again, is this what you want and is this good law?

    • With this re-definition, most folding knives will be interpreted as illegal despite the smokescreen of disinformation your office seems to be dispensing over this issue. This re-definition of switchblades is far reaching and carries the aforementioned political and societal liabilities. It will do nothing to increase public safety. At the very least, this matter should be open to public commentary for 120 days. Please extend this feedback period and open up the option for emailed responses. More to the point, I feel this issue will be a political liability for your office and I urge you to ABANDON this ruling immediately. For the record then, I FULLY oppose your offices actions re-classifying these knives as switchblades. I will thank you for adhering to previous switchblade definitions and in doing so you will gain my political support of your office again.

    Sincerely,




    [YOUR NAME HERE]
     

    tyler34

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    Dec 2, 2008
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    bloomington
    just got this e-mail from SOG



    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif]June 15, 2009 [/FONT] [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif]Dear tyler,

    U.S. Customs wants to ban your pocket knife!

    [/FONT] [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif]SOG Specialty Knives & Tools LLC, in support with The American Knife and Tool Institute (AKTI) opposes U.S. Customs' attempt to classify assisted-opening knives and all one-hand-opening knives as switchblades.

    U.S. Customs proposes 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, as well as assisted-openers.

    Statistics to consider about the knife industry and the possible effects of this ruling:

    * U.S. Sporting Knife Industry has a $5.9 Billion Economic Impact on U.S. Economy
    * 3,881 direct U.S. Employees at 61 Companies
    * 35.6 Million Households Own Pocket Knives; 24.8 Million Own Hunting Knives
    * Assisted-opening and one-hand-opening knives are 80 % of All Knives Sold
    * 30-40 Million Public Safety, Non-Issue Military, Construction, Recreational Users

    Material compiled and provided by AKTI

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

    If U.S. Customs succeeds, it could lead to effectively banning all folding knives from interstate commerce.

    We're asking you to register your opposition to the U.S. Customs' plan (19 CFR Part 177) to re-classify assisted openers and all folding knives.

    You comments must arrive at U.S. Customs no later than June 21, 2009.

    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

    If you don't think your letter will arrive in time, please fax or email a signed copy to us and we will forward it to US Customs on your behalf. Our fax number is (425) 771-6230. Please submit responses to us by noon on Friday, June 19th, 2009.

    Please also express your concerns to your state Senators and Representatives.

    For more information on this issue, visit:

    www.akti.org and www.kniferights.org

    Click here for model letters that can be downloaded and personalized with your story:

    http://akti.org/legislation/uscustoms.html

    or

    kniferights.org
    [/FONT] [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif] Thank you,

    [/FONT] [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif]SOG Specialty Knives & Tools, LLC
    [/FONT]
     

    agentl074

    Expert
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    0   0   0
    Oct 5, 2008
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    Federal laws and the Constitution

    I was reading the U.S. Constitution and was trying to figure out where it gave the authority to create federal laws outside of treason, military, laws on the high seas, and other monetary laws.

    I looked at Article I section 8 subsection 1 where it said:

    and provide for the general welfare

    as well as Article I section 8 subsection 18:

    To make all laws which shall be necessary and proper for carrying into execution the forgoing powers and all other powers vested by this Constitution in the government of the United States, or any department or officer thereof.

    FYI, Article I, section 2, subsection 3 lays out the census law.
     

    Scutter01

    Grandmaster
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    Mar 21, 2008
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    From the VCDL mailing list:
    From: donotreply@warner.senate.gov
    Subject: Responding to your message

    Dear Mr. Welsh,

    Thank you for contacting me regarding the importation of knives with spring-assisted opening mechanisms. I appreciate the benefit of your views on this issue.

    U.S. Customs and Border Protection (CBP), a component within the Department of Homeland Security, recently ruled that knives with spring- and release-assisted opening mechanisms are considered switchblades as defined by the Switchblade Knife Act, and therefore prohibited from importation. Following a comment period that ended on June 22, 2009, CBP planned to issue a final determination regarding the importation of spring-assisted knives within 30 days.

    On July 9, 2009, Senator John Cornyn (R-TX) offered an amendment to the Department of Homeland Security Appropriations Act of 2010 that clarified the definition of switchblade knives to exclude spring-assisted knives. CBP did not oppose the clarification and the amendment passed the Senate by unanimous consent, supplanting the need for further CBP action. CBP will continue to enforce the Switchblade Knife Act with this new exception.

    Again, thank you for writing. As we move forward in the 111th Congress, please continue to be in touch with your opinions and concerns.


    Sincerely,
    MARK R. WARNER
    United States Senator
     
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