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Discussion in 'Non-Firearm Weapons' started by hso, Nov 8, 2009.

  1. SKL

    SKL Active Member

    Federal Interstate commerce violations

    Hopefully someone can clear this up. On all the web sites that sell automatic knives there is this disclaimer.

    "Legal status of products. It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from .com. All equipment is sold subject to public law 90-351, title III, U.S.D., Section 2511, and any local, state or federal ordinances. Consult your local and state laws before ordering if you are in doubt. Absolutely no sales to minors."

    Does this mean that if an unqualified buyer purchases an automatic knife from out of state that it's the buyer that is violating the Federal Interstate commerce law?
    Some internet retailers ship automatic knives via priority mail. Who is the violator here? Buyer or seller?
    Last edited: Aug 31, 2010
  2. hso

    hso Moderator Staff Member

    Only the seller can be in violation of the Federal Interstate Commerce law (unless the buyer is engaged in a conspiracy to purchase large quantities for resale) for an individual purchase.
  3. SKL

    SKL Active Member

    Thanks for replying. Who is in violation of the postal law if the items are sent thru the postal service by choice of the seller? Once again, thanks for the info.
  4. hso

    hso Moderator Staff Member

    No one reasonable will use the US postal service since there are other restrictions there. That doesn't mean there aren't companies that do this, just that it's foolish.
    Last edited: Sep 1, 2010
  5. Rugby8

    Rugby8 Active Member

    I thought all the illegal talk was just that. I am posting a picture of my Italian blade. It was assembled in a little shop in Venice while I watched. The first picture is of the 'open-lock' button in the "ready-to-open" position. When flipped forward, it locks the blade in the body. In it's current position, it is ready to be depressed so the blade will spring open. The odd thing is that this was in early 2000, and I carried it onto a plane -Rome to Atlanta- in a leather bag I purchased in Florence. What's even funnier, I carried a Spyderco Endura in my pants pocket. Funnier still, our departure was delayed 30 minutes without reason, and then I saw the reason. A fat man was late and needed help sitting in 1st Class. As I leaned out to get a glimpse I could clearly see that it was Big Teddy from Boston Mass. I never carry or use it, and would only get it out to show someone, or if I were to play the part of David Wilkerson on stage.


    IBEWBULL Well-Known Member


    State knife laws link is above. How up to date it is is the question.
    Also there are some really old laws out there.
    Norfolk Va has a law against lock blade knives. I was stopped in 1973 and told to put my Buck in my pocket not out for view in the pouch, and not bring it out in public again.
    "You can carry a sword but not a lock blade." Norfolk Police. I never had a problem with my M28 S&W and the Virginis police.
    Go figure ?
  7. old4x4

    old4x4 Well-Known Member

    All knife regulations have been rescinded including the ban on automatic knives in the state of NEW HAMPSHIRE as of the passing New Hampshire's "Knife Rights law" on May 18, 2010.
    My question is, can an auto knife be shipped from another state or do I have to buy one within NH? I'm not too clear about interpretation of the above stated law.
  8. Gary G23

    Gary G23 Well-Known Member

    "My question is, can an auto knife be shipped from another state or do I have to buy one within NH?"

    You should re-read the first post.

    "Federal law prohibits shipment of automatic knives across state lines, with the following exceptions:"

    Unless you are one of the exceptions it cannot be legally shipped from another state.
    Last edited: Jan 16, 2011
  9. old4x4

    old4x4 Well-Known Member

    Thx Gary...exactly what I what was looking for.
  10. hso

    hso Moderator Staff Member

    The laws concerning shipping of switchblades applies to the shipper and not the recipient. The buyer can only violate the state or local laws. The seller/shipper can violate the Federal laws.
  11. Jim NE

    Jim NE Well-Known Member

    Knife laws are incredibly vague and confusing. I believe my state has a law that says something like "knives X, Y and Z are illegal...unless you're attacked and your life is in danger, then suddenly it's legal to have them."

    The old switchblade laws of the late '50's were really more symbolic than anything else. Switchblades aren't any more lethal than steak knives or many garden utensils, but the national authorities needed a law to crack down on the growing number of leather jacketed juvenile delinquints in 1958. The common denominator for many of these hoods was that they carried switchblades, so that was what they made the law about. I think it's really local and state laws that matter.

    There are companies currently operating that will send switchblades to basically any state in the union. This may give the customer the impression that it's legal to own them anywhere. This may not be the case, though they probably are legal in more places than most people realize.

    My favorite knife is purely legal - it's a modern Buck with a 3" locking blade that has a thumb tab for one-handed opening. The only difference between it and a switchblade is about a half a second (or less) openning time. And it's much sturdier than a stilletto and so light that you forget it's in your pocket. Truly a masterpiece of ergonomics.
  12. mcmurry

    mcmurry Well-Known Member

    My state (Arkansas) says that knives as weapons can only be carried on a journey. And that knives with a blade longer than 3 1/2 inches will automatically be considered as a weapon. So if I'm carrying my Benchmade automatic and I'm out of town, then I can claim to be on a journey. I think I will find a cop and ask!
  13. hso

    hso Moderator Staff Member

    The police are NOT legal experts on relatively obscure points of law and asking them is not the sound advice it seems on the face of it.

    If you want a legal opinion that is meaningful get one for a city attorney or state AG.
  14. SeekHer

    SeekHer Well-Known Member

  15. hso

    hso Moderator Staff Member

    Thanks to the efforts of Knife Rights and the efforts made by the citizens of TN, come Monday when HB1883 passes on the House floor, TN will change from a "collector" state to a no restriction state for switchblade knives. Blade length restrictions will be removed also.

    KR has done the same for several states in the past couple of years.
  16. johnnylaw53

    johnnylaw53 Well-Known Member

    Switch blades are no longer out lawed In Texas. The code still tell you what a switch blade is but the unlawful carrying part mention Illeagle knives but a switch blade is not included in that definition. I belive this was done at the last legislature.

    Be safe
    Last edited: Jun 11, 2014
  17. hso

    hso Moderator Staff Member

    Yep, KR did that last year, but they weren't able to get TX to pass preemption so each jurisdication can still have their own rule against. Know your local laws or get premption through your legislature so you're not an honest citizen where you work and a criminal where you shop or live.

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