Assisted Openers Banned For Importation into the USA

[Fosbery]

...We therefore find that knives with spring-assisted opening mechanisms
that require minimal ‘‘human manipulation’’ in order to instantly spring the
blades to the fully open and locked position cannot be considered to have a
primary utilitarian purpose; such articles function as prohibited switchblade
knives as defined by the relevant statute and regulations.
In reaching this conclusion, we reexamined the sample provided. We note
that other than a bald assertion that the knives at issue are for a primary
utilitarian purpose (you characterize the knife as ‘‘general carry’’), no evidence
substantiating that claim was presented. The knife at issue can be instantly
opened into the fully locked and ready position with one hand, simply
by pushing on either of the thumb tabs. Although the knife is marketed
as a ‘‘release-assist’’ model, it nevertheless opens via human manipulation
and inertia. See Taylor, supra, at footnote 1 on page 5. Further, it is possible
to ‘‘lock’’ the safety of the knife, adjust the blade (by pushing it ‘‘against’’ the
safety button) and to instantly deploy it by depressing the ‘‘safety’’ button in
a manner indiscernible from a ‘‘traditional’’ switchblade (and in a manner
which can be considered to be insignificant preliminary preparation; see 19
CFR Part 12.95(b), above). It is based upon the foregoing analysis and these
factual observations that we conclude that the knife at issue is a
switchblade prohibited from importation into the United States.

The knives in question being Gerber Fastdraws. As I understand it, assisted opening knives are now illegal to import into the United States and will be seized, unless/until this decision is ruled unlawful.

 

[Odd Job]

Are we allowed to have those here in the UK?

 

[heviarti]

The only thing that makes me angrier than gun laws are knife laws. "no evidence" presented that it has a "utilitarian purpose" ? ever fed cattle? bale in the air in one hand knife in the other? I'm sure not gonna try to open it with Swingin' Charlie... Better yet, ever worn gloves?

 

[unloved]

Originally posted by CubistHamster on www.edcforums.com

For those of us who live in the US--

The Bureau of Customs and Border Protection has just decided to re-interpret the law that allows importation of assisted opening knives, making them illegal. The letters they've sent out to manufacturers could also be read as making pretty much any one hand opening locking knife illegal- a la NYC.

Here's a link to the relevant thread at Bladeforums, and another to a pdf of the actual letters sent out by Customs.

If you like owning and carrying decent knives, please let your elected representatives know how you feel about this.

I think many of us here carry folding knives that could be affected by this new interpretation.

As far as I'm concerned knives, sticks, batons, knuckledusters, blackjacks, saps, etc., et al, whatever, are all arms. As such, my right to keep and bear them shall not be infringed (or questioned as per Pa. Constitution).


Take a look at www.kniferights.org for more info and advice on what to do.

 

[Fosbery]

Fight this, guys, for love of god don't let this go down! Get motivated, get organized, get active. You might stop this yet.

@ Odd Job - Assisted openers are on sale in the UK and are being imported unhindered through commercial channels, from the EU (where they avoid customs) and through couriers (UPS, DHL, FedEx etc). However, if you order from outside the EU by standard carrier (like USPS) the package will go through Mount Pleasant and ALL folding knives that can be hammerfisted open (basically any folding knife except slipjoints) will be seized.

 

[GENTLEMAN OF THE CHARCOAL]

They're also in the process right now of taking all blackpowder substitutes such as Triple Seven, Pyrodex, and all makes and companies of these substitutes, and lumping them with blackpowder as a low explosive ("an extremely dangerous explosive powder" in their terminology) and requiring that all of these powders be shipped to, and picked up at, a licensed FFL dealership. Also doing a lot of talking behind closed doors concerning the arrest and sentencing of people caught either making the powder or being in "unlawful possession of such powders"..Great White Hunter...

 

[Kingcreek]

I guess I'll just have to carry my fixed blade that is always locked open ready to cut and faster to deploy than an auto. Jeez, these people are rediculous... just what is that makes them so fearful?

 

[atomd]

Jeez, these people are rediculous... just what is that makes them so fearful?

Ignorance.

 

[hso]

Yes, US Customs is once again broadly reinterpreting the law and will effectively reverse prior decisions that assisted opening knives are NOT switchblade. Considering that the vast majority of these knives, like all knives, are made outside the US you can kiss your AO's goodbye unless you jump right on your elected officials and insist they do something useful for their paychecks and smack Customs right in the head.

ATTEMPT TO RE-DEFINE SWITCHBLADES COULD MAKE MANY POCKET KNIVES ILLEGAL

This just a heads up to Knife Rights members and supporters about a very critical and important development that jeopardizes your right to own and carry pocket knives. PLEASE DO NOT ACT YET! Word is reaching the street via forums and other means and we want to make sure the true facts are known as there are many inaccurate rumors circulating. Many of the emails we have received are inaccurate or full of hyperbole. Any knee jerk or inappropriate reaction will endanger our cause, not help it. Please wait until your organization has developed appropriate and effective responses in order that you be taken seriously by the relevant authorities. I cannot overemphasize how critical this is, DO NOT WRITE YET, PLEASE!

Now, on to the issue:

U.S. Customs just about a week ago proposed revoking earlier rulings and years of precedence that assisted opening knives are not switchblades. That, in and of itself is bad enough. However, the proposed new rule would not only outlaw assisted opening knives, its overly broad new interpretation of what is a switchblade (automatic) knife could also easily be interpreted to include all one-handed opening knives and even most other pocket knives. All knife owners could be impacted by this ill-conceived change to existing policy. We will have much more information on the historical issues and the like in coming days as we organize our response.

Please note that Customs' interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports. This would be a devastating blow to our rights and to the entire knifemaking community. It has the potential to make criminals of millions of law-abiding citizens and put thousands of workers on the street. This is no joke, this is not just hype, this is the real thing.

Knife Rights, in cooperation with AKTI and the affected knife manufacturers, is formulating a well-reasoned and effective response. We will all be asking for an extension to the ridiculously short 30-day comment period. We anticipate that some extension will be granted, hopefully for a meaningful period. Part of the reason for the extension is to allow us to adequately inform and advise the millions of knife owners who might be affected. PLEASE DO NOT RESPOND JUST YET. This would be extremely counterproductive. We still have plenty of time to do this right and stop this travesty, but we must proceed intelligently and at the correct time with the best possible arguments. DO NOT JUMP THE GUN!

Within the next week we will post a sample letter and talking points for your use. At that time we will ask you to write and MAKE YOUR VOICES HEARD! Please, do not respond earlier, it will be extremely counterproductive.

In the meantime, we are making the full 63 page document available to you to read for yourself. Again, while we understand your frustration, please do not write just yet.
http://www.kniferights.org/U S Customs Proposed Ruling - Assisted Opening Knives.pdf

This is the reason why Knife Rights exists, this is why we formed the organization. We didn't know where or how the attack would come, but we knew it was only a matter of time. We are here for you and will keep you informed.

Doug Ritter
[email protected]

Have you signed up? Go to: www.KnifeRights.org
Protecting your right to own and carry knives and tools

 

[glistam]

I'm making some more direct inquires. More when I hear back.

 

[Phydeaux642]

If this would have been posted in the "General Gun Discussions" section, you wouldn't be able to find an AO knife at all tomorrow.

I wonder when someone will try to ban canes unless you can prove by a doctor's prescription that you need one. Things are ever so slowly becoming more Draconian.

 

[Fosbery]

If someone in the US would like to make a post in the activism forum about what you guys can do about this that would be fantastic.

Take it from me guys: don't let them **** you. It's a one way street, and Odd Job and I know where it leads. They want you to scrabble with your finger nails at packages like a baby. That'd be bad enough, but they also want you to scrabble with your finger nails at rapists, murderers and concentration camp guards.

Heh, I'm really angry about this! I think, if it were here, I'd just shake my head sadly and say "that figures," but I guess I thought you guys were safe from this... Prove me right please!

 

[hso]

Actually, we won't allow it in Activism because it isn't a 2A issue. Just another incremental degradation of reason.

 

[RX-178]

It may not be my place, but I would have to respectfully disagree with that statement, hso.

The 2nd Amendment is the right to Keep and Bear Arms. That's not limited to just guns and ammunition, but any form of weapon to be used in the defense of self, property, and country.

 

[Odd Job]

It's a one way street, and Odd Job and I know where it leads.

Too right (unfortunately)

 

[hso]

RX-178,

I'm prone to agree with you, but most states don't, even though there were plenty of folks carrying spontoons and swords during the Revolution. We very narrowly define the arguments for Activism to keep the focus strong.

OTOH, I think it would be fine for General since knives and guns are of general interest to most members.

 

[glistam]

We need to submit written comments to the CBP by mail. Address to:

U.S. Customs and Border Protection, Office of International Trade, Regulations
and Rulings

Attention: Intellectual Property and Restricted Merchandise Branch, Mint Annex
799 9th Street, N.W.,
Washington, D.C. 20229

Two phone contacts:

Joseph Clark, (202) 325–0089
Andrew M. Langreich, (202) 325–0089

Work fast, my friends! You only have until June 21, 2009

 

[unloved]

A couple of people on another forum that I frequent made an excellent suggestion yesterday. Anyone that knows non-knife knut people who nevertheless have a use for knives that can be quickly opened with one hand (hikers, campers, rock climbers, skydivers, sailors, fishermen, etc. , I'm sure we can think of lots more) should make those people aware of what's going on. Don't say anything about 'liberals'. It would probably be best not to mention self defense when communicating with people who aren't into knives and guns. Send emails and register on forums and get the word out there. Include the contact info that glistam has posted. If AKTI and kniferights .org are not successful in their efforts to extend the comment period we only have until June 21!!! We've got to get as many people as possible on board. We've got to flood CBP with letters opposing this proposal!

 

[unloved]

Sample letters, lots of good advice, and a link to find and email your members of congress are now posted on this page http://kniferights.org/index.php?option=com_content&task=view&id=76&Itemid=150 at kniferights.org.

Please click the link and make use of the information provided there.
CBP is not accepting comments by email.
Comments to CBP must be received by June 21!

 

[Dr. Tad Hussein Winslow]

This is very shocking to me - and it most certainly is 100% a 2A issue, IMO - "arms" includes not just guns. Gonna write my critters.

 

[hso]

Please remember that we're asking our Congress-critters to first extend the comment period beyond 30 days. No agency of the US government uses 30 day comment periods and this is a blatant attempt to bypass the public and Congress.

Better than extending the comment period we want them to stop this shortsighted action on the part of Customs. If this foolishness goes forward and they reverse years of standing rules they will put hard working Americans jobs at risk, damage businesses, reduce federal, state and local tax revenue AND take legal useful tools out of the hands, and pockets, of millions of Americans. Tell them that Customs has no right to usurp Congress's authority by making law by fiat.

 

[Black Toe Knives]

Does this only effect imported knives?

 

[Sheldon J]

AKA there goes your tatical folder.....

Pocket kinfe Can you say no more Kershaw.... N these people are just plain nuts, this isn't England!!!

by Evan F. Nappen, Esq.
June 4, 2009


Beware! That folding knife in your pocket may turn you into a criminal if the Obama administration gets its way. Although there has been a lot of fear and speculation that the new administration wants to take your guns, the most pressing threat now is actually to your pocket knives. With the changing of the guard at U.S. Customs, that agency has now embarked on redefining "switchblades" under federal law to include a wide variety of one hand opening knives that never were intended to be prohibited. In fact, many of the knives U.S. Customs now seek to prohibit under the Federal Switchblade Law had not even been invented at the time of its enactment! Furthermore, four previous U.S. Customs ruling letters (prior administrations) specifically determined "assisted opening" knives not to be defined as switchblades.

This new proposed U.S. Customs regulation is so broad that thousands of pocket knives will fall under its sweep and millions of knife owners will be affected. The problem is not simply that imports will be banned (which is bad enough), but that the "agency determination" will be used by domestic courts and law enforcement to determine what a "switchblade" is under both federal and state laws. Many states, including New Hampshire, fail to define switchblades and simply rely on the federal definition.

Luckily, the two premiere knife organizations in the US, American Knife and Tool Institute (AKTI) and Kniferights.org, are fighting hard on this issue, but they both need your immediate help. Customs is attempting to jam this new regulation though at record speed.

As stated on the www.kniferights.org website:

U.S. Customs has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives its broad definition could also easily be interpreted to include one-handed opening knives and even most other pocket knives.
Note that customs interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports.
As stated on the www.akti.org website:

URGENT NEWS - U.S. Customs Proposal would characterize assisted-openers as switchblade knives and jeopardize all pocket knives. On behalf of the entire sporting knife industry and knife owners across the country, AKTI will be filing an official response to U.S. Customs.
This is the biggest threat to American knife owners in U.S. history. AKTI informs us that this "Customs' proposal will make criminal out of 35.6 million Americans."

AKTI further states:

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, and assisted-openers.

More than 35.6 million law-abiding Americans now own one-hand-openingknives in one of the above four categories.
The U.S. Customs proposed new rule and the four prior letters they want to overturn can be read in their entirety here: http://www.akti.org/PDFS/U.S.CustomsProposedRuling.pdf

AKTI suggests that 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

 

[Fosbery]

Does this only effect imported knives?

No. Federal, state and local courts use the US Customs definitions as the basis for their interpretations of the law. If US Customs say it's a switchblade, you may very well find domestic courts ruling the same if you're brought up for sale, manufacture, possession, possession in public, or inter-state transport.

 

[unloved]

Originally posted by Critter (Doug Ritter of www.kniferights.org) on www.bladeforums.org .

Breaking News: We have recieved word that U.S. Customs & Border Protection has DENIED the numerous requests for extension that it had recieved and is planning to stick with the June 21 deadline for comments.

CBP's denial of an extension seems to be a clear indication that they do not intend to act in a fair and reasonable manner on this issue and have already made their decison to go ahead. That means we have to set the stage for the next act, which will likely be conducted both in court and in Congress. The battle is far from over, your comments will play a role in both efforts.

Knife Rights is developing a new comments letter for concerned knife owners to send to CBP and a strong email to send to Members of Congress. We are not about to roll over for this clearly out-of-control government agency.

We'll be posting new letters and additonal information in the next 24 hours.