[INSERT DATE]
[INSERT NAME and MAILING ADDRESS]
Dear Senator or Representative (as appropriate) [INSERT Member of Congress' Name]
RE: U.S. Customs & Border Protection Proposed Revocation of Ruling Letters and Revocation of Treatment Relating to the Admissibilty [sic] of Certain Knives with Spring-Assisted Opening Mechanisms
[PERSONALIZE THE FOLLOWING FIRST PARAGRAPH per Knife Rights' Communicating with Congress suggestions]
I/My wife/husband /family and I live in [INSERT CITY and STATE] and I am an owner and daily user of folding knives which would be made illegal under the above referenced proposal.
I use my pocket knives every day in my business/to make a living/my work/at home and work/recreationally/etc.
and/or
I own [INSERT NUMBER] folding knives that would be made illegal under this proposal.
and/or
I have passed along to my son folding knives that I first received from my father that would be made illegal under this proposal.
[ETC. ETC. ETC. Make the above paragraph your own, tell your own story about why your pocket knives are important in your life.]
I am extremely distressed and adamantly oppose this CBP proposal which would have an effect far beyond that suggested in the title of the proposal, which would be bad enough even if it only did that. This proposal would make it illegal for me and 40 million fellow law-abiding Americans to own a simple pocket knife. 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 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.
I appeal to you to intervene to prevent CBP from taking this foolhardy and uncalled for action. Please immediately contact DHS Secretary Napolitano and Jayson P. Ahern, Acting Commissioner, U.S. Customs and Border Protection, and demand that they cease this assault on me and millions of other law-abiding knife owners at an extraordinary cost to our great nation. At a minimum, please demand they extend the unduly short 30-day comment period for this absurd proposal by 120 days to allow I and others to marshal the millions of knife owners who will oppose this effort. Please also insist they allow us to submit comments via email, which they have so far refused to, do. Their refusal to accept emails adds unneeded expense to those who deserve to be heard and discourages many citizens from commenting, no doubt their reason for doing so.
The definition of what is a switchblade has been clear and settled 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 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. 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 the "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. The cost would be tragically huge, more so because it is neither necessary, nor desired by the vast majority of Americans.
Please stop this ill-conceived effort by CBP before is 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. This nation has many more important issues that need our attention and energy in this time of crisis.
Sincerely,
[INSERT SIGNATURE]
[INSERT NAME]
