Switchblade laws

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Federal law - https://kniferights.org/resources/federal-switchblade-act/

U.S. Code Title 15 Commerce and Trade
Chapter 29 – Manufacture, Transportation, or Distribution of Switchblade Knives
Commonly referred to as the “Federal Switchblade Act,” it was passed by Congress on August 12, 1958, enacted as Public Law 85-623, an “act to prohibit the introduction, or manufacture for introduction, into interstate commerce of switchblade knives, and for other purposes.”
§ 1241. Definitions
As used in this chapter –

(a) The term “interstate commerce” means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof.

(b) The term “switchblade knife” means any knife having a blade which opens automatically –

(1) by hand pressure applied to a button or other device in the handle of the knife, or

(2) by operation of inertia, gravity, or both.

This section sets out the meaning of terms that are used throughout the rest of the chapter. The first defined term, “interstate commerce,” is of crucial importance to understanding this entire set of laws because it greatly limits the scope of what these laws apply to. “Interstate commerce” means commerce (i.e. buying, selling and trading) between any of the 50 U.S. states, Washington, D.C., any of the U.S. Territories (e.g. Guam or American Samoa), and “any place outside thereof,” referring to all foreign countries. In other words, this means this term applies to selling, buying and trading between states, between a state and a territory, between a state or territory and a foreign country (i.e. importing). It does NOT refer to buying, selling or trading within a state.


In regards to the term “switchblade knife,” the inclusion of the phrase “in the handle” in sub-section (1) is critical, because even if a knife has a spring-operated blade, if it has no device (button, etc.) that releases or activates it located “in the handle,” this definition does not apply (e.g. Assisted Opening Knives or Spring Assisted Knives – see also §1244(5) below)). The other definition (2) is meant to apply to gravity knives (which are rather obscure and rare) and butterfly knives (also commonly referred to as Bali-Song knives). Although referred to as the Federal Switchblade Act, the Federal definition of a switchblade also includes gravity knives and butterfly (Bali-Song) knives.

§ 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty
Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

This law only prohibits introducing, manufacturing, transporting or distributing switchblades if doing so is part of a business transaction and that transaction crosses over state or territory lines, or the knives are coming from a foreign country. The law has no effect on selling within the same state, no effect on carry and no effect on possession alone.


This section has been interpreted to prohibit the use of imported parts for the manufacture of switchblade knives in the U.S. and a number of enforcement actions have been taken on this basis over the years.

§ 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

This section has very limited applicability to most U.S. residents, but it indirectly generates a great deal of confusion with regards to the exceptions section (§ 1244). For people living in one of the 50 U.S. states (except on Native American reservations) or Washington D.C., this section has no effect. It prohibits the mere possession of a switchblade on Native American reservations, territories like Puerto Rico, Guam, Northern Marianas, U. S. Virgin Islands and American Samoa and certain maritime situations such as Navy vessels or government-owned aircraft.
§ 1244. Exceptions
Sections 1242 and 1243 of this title shall not apply to –

(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;

This section only applies to §1242. It exempts the U.S. Postal Service, UPS, FedEx or any other commercial delivery service from being guilty of violating the law while transporting switchblades over state lines. NOTE, however, that Title 18, Part 1, Crimes Chapter 83 (below) restricts shipping of switchblades via the U.S. Postal Service.
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;

This section makes it legal for switchblade manufacturers, distributors and retailers to sell to the military, but only if it’s done via an official, sanctioned contract. This is frequently misinterpreted as allowing any active duty member of the military to buy a switchblade from out of of state or from foreign countries, when in fact it does no such thing. It also does not apply to law enforcement officers or other first responders at all.


Common practice in the industry, however, is at odds with this section. Manufacturers regularly sell to their dealers regardless of whether or not there is a contract with the military and they often sell directly to members of the military and law enforcement. Many retailers also sell across state lines. Manufacturers and retailers typically require only that the buyer (retailer or individual) certify they are will comply (retailer) or are in compliance with (individual) the Federal Switchblade Act. Arguably, the fact that this has been common practice for over 50 years without significant enforcement actions by the Federal government would invalidate this section to the degree that it has become common practice. However, this has never been litigated and, technically, these practices may not be legal.

Some manufacturers take this a step further and restrict warranty or repair service to knives sent in via one of their dealers and/or require the individual sending in a knife to make representation or provide proof that they are a member of the military, law enforcement or a first responder, else it will not be returned or may only be returned via a dealer. Check carefully before sending in a knife for warranty or service

(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;

Makes it legal for members of the military to distribute switchblades over state lines to other members of the military in accordance with normal equipment issuance (1242), as well as exempts members of the military who are in a non-state U.S. territory, Native American reservation or special maritime jurisdiction from the restriction on possession in those areas (§1243) so long as it is for official duty. Again, it does not give blanket permission for members of the military to acquire or carry switchblades, and has no effect on the laws of individual states.
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or

A frequently misunderstood exception, this only applies to §1243. It permits a civilian with a missing hand or arm to possess a switchblade if he or she is in a non-state U.S. territory, Native American reservation or special maritime jurisdiction. It does not effect anything in the main 50 states or D.C., nor does it override the laws of any state. A person with one arm living in a state with a ban on possession of switchblades is still restricted like everyone else in the state (unless on a Native American reservation).
(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist or arm to overcome the bias toward closure to assist in opening the knife.

This exception was added by Congress in 2009 after U.S. Customs and Border Protection reversed prior rulings that assisted opening (spring assisted) knives were not switchblades (pursuant to §1241). The ruling language not only changed the Federal government’s interpretation that assisted opening knives were not switchblades, it would have also included in the new interpretation any knife with a one-hand opening blade (which includes assisted opening knives). Essentially, Customs was revising the Federal Switchblade Act to include any one-hand opening knife. These knives represented, at the time, approximately 80% of the folding knives sold in the U.S. and also imported into the U.S.


While the direct impact would have been to shut down importation of these knives, the potential indirect effect of this precedent-setting reinterpretation could have devastated the industry if courts and legislatures adopted this new interpretation that was at odds with §1241. In its first legislative activity, Knife Rights provided the key grassroots knife owner’s component of a coalition of groups that opposed U.S. Customs’ efforts to redefine a switchblade. The end result was that Congress passed this fifth exception to the Federal Switchblade Act to clarify the issue and protect one-hand opening and assisted-opening knives.

§ 1245. Ballistic knives
This section proscribes ballistic knives in essentially the same manner as switchblade knives, but with severe penalties for anyone merely possessing one while committing a Federal crime of violence. Ballistic knives are rare and not commonly available as much due to their impracticality as for any legal prohibition.
(a) Prohibition and penalties for possession, manufacture, sale, or importation

Whoever in or affecting interstate commerce, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), knowingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, or imprisoned not more than ten years, or both.

(b) Prohibition and penalties for possession or use during commission of Federal crime of violence

Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or imprisoned not less than five years and not more than ten years, or both.

(c) Exceptions

The exceptions provided in paragraphs (1), (2), and (3) of section 1244 of this title with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section.

(d) “Ballistic knife” defined

As used in this section, the term “ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism.

While not part of the Federal Switchblade Act, the following Federal law
restricts shipping of switchblade knives via the U.S. Postal Service
(applicable sections excerpted)

U.S. Code Title 18 – Crimes and Criminal Procedure
Part 1 Crimes
Chapter 83 – Postal Service

§1716. Injurious articles as nonmailable

For all practical matters, this section proscribes the use of the U.S. Postal Service to mail switchblade or ballistic knives by civilians or industry except when shipping to supply or procurement officers or supply or procurement employees of the military or Federal, state, county or local government acting in connection with the activities of such organizations or to a dealer selling to such persons for such purposes. Enforcement actions involving switchblades have often involved this section.


Knife Rights strongly suggests that individuals use ONLY FedEx or UPS to ship switchblades (including butterfly and gravity knives) and ballistic knives. Do NOT use the U.S. Post Office.

(g) All knives having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service. Such knives may be conveyed in the mails, under such regulations as the Postal Service shall prescribe –

(1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;

(2) to supply or procurement officers of the National Guard, the Air National Guard, or militia of a State ordering, procuring, or purchasing such knives in connection with the activities of such organizations;

(3) to supply or procurement officers or employees of any State, or any political subdivision of a State or Territory, ordering, procuring, or purchasing such knives in connection with the activities of such government; and

(4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant to an order from any person designated in paragraphs (1), (2), and (3).

The Postal Service may require, as a condition of conveying any such knife in the mails, that any person proposing to mail such knife explain in writing to the satisfaction of the Postal Service that the mailing of such knife will not be in violation of this section.

(h) Any advertising, promotional, or sales matter which solicits or induces the mailing of anything declared nonmailable by this section is likewise nonmailable unless such matter contains wrapping or packaging instructions which are in accord with regulations promulgated by the Postal Service.

(i) (1) Any ballistic knife shall be subject to the same restrictions and penalties provided under subsection (g) for knives described in the first sentence of that subsection.

(2) As used in this subsection, the term “ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism.

(k) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

Adapted from Weapons Laws for Dummies and Knife Laws of the U.S. – Loopholes, Pitfalls & Secrets.


Possession and carry of switchblades is legal, but regulated, in various states.

https://kniferights.org/resources/legal-blade/

18 states + permit carry of switchblade. Many do, but some don't permit concealed carry so know what your state regulations are.

26+ states permit possession of switchblades. IOW, you can collect and show them, just not carry them unless you also live in a state that permits carry. Know what your state regulations are.

There are several switchblade law sites, but these are my favorites -

https://kniferights.org/resources/legal-blade/
http://pweb.netcom.com/~brlevine/sta-law.htm


Assisted openers and one hand openers are not switchblades.

We hope this helps reduce some of the oft repeated myths and misinformation about switchblades.
 
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HOWEVER... THAT ONLY REGULATES INTERSTATE SHIPPING AND INTERSTATE SALES.

EVEN IN CALIFORNIA THE LITTLE DINKY SWITCHERS ARE LEGAL TO HAVE AND CARRY
( THEIR LIKE 2 INCHES LONG OPEN ) MOST STATES HAVE BLADE LENGTH LAWS THAT
DEFINE WHAT A DEADLY WEAPON , USUALLY OVER 3 INCHES. IF YOUR SWITCHER IS LESS THAN THAT ( no fun ) it may be legal in your state if you have no gravity blade
or button release clause in your knife laws, trust only your states own webite on its
laws.. any other source can get you in hot water.
 
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I think it falls on the trigger mechanism. If it only requires a button and the knife does the rest, then it's a switchblade. But if it requires your finger to swing the blade open, but the action is assisted by the spring, its different. I think the standard of proof is when the knife does all of the work during opening.
 
I know this is a bit old, but hope you see it:
What are the legal definitions of a switchblade, a assisted opener and a one-handed opener?

Depends on the state. For example, here in CA, it's illegal to have a gravity knife or switchblade. The way it's defined, you can't have something that has a lock to hold it closed, and when you release that lock, it either swings open (like a butterfly knife) or is pushed open by a spring.

Assisted opening is ok, provided you have to start it by pushing on the blade, as opposed to simply moving the locking mechanism.
 
FYI you can legally import one if you meet DHS criteria, i.e. a one armed person or military personell in connection with their duties.
 
AOs and one hand openers are now protected under the fed switchblade act.

ChaoSS said:
or switchblade

No, it isn't illegal to have a switchblade in CA. It's illegal to have one over 2 inches in blade length though.

you can legally import one

I'm not sure you can import into the country because Customs restricts importation even though they base their regs on the 15 USC "Interstate Commerce" switchblade law.

The Customs Regulations promulgated pursuant to the Switchblade Knife Act are set forth in 19 CFR §§ 12.95-12.103. In this regard we note that a switchblade knife is defined in pertinent part as follows:

§ 12.95 Definitions.

(a) Switchblade knife. any imported knife, which has one or more of the following characteristics or identities:

A blade which opens automatically by hand pressure applied to a button or device in the handle of the knife, or any knife with a blade which opens automatically by operation of inertia, gravity, or both;

(2) Knives which, by insignificant preliminary preparation, as described in paragraph (b) of this section, can be altered or converted so as to open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both; (Emphasis added)

Unassembled knife kits or knife handles without blades which, when fully assembled with added blades, springs, or other parts, are knives which open automatically by hand
pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both; or

Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof.

As for what constitutes “insignificant preliminary preparation”, the regulations further provide as follows:

§ 12.95(b) Insignificant preliminary preparation. “Insignificant preliminary preparation” means preparation with the use of ordinary available tools, instruments, devices, and materials by one having no special manual training or skill for the purpose of modifying blade heels, relieving binding parts, altering spring restraints, or making similar minor alterations which can be accomplished in a relatively short period of time.
 
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Well, In all honestey that question was on my Customs Brokers's test way back in 1981. The question was who could legally import a switchblade knife. The correct answer was 1. the armed forces. 2. military personell in connection with their duties & 3. a one armed person carried on his person with a blade not exceeding 3 inches.

That was a long time ago and maybe the regs. have changed. I got out of the business after 9/11 and from what I have been told the industry as a whole has taken a nosedive for sure.
 
I just googled it. As of 2009 the excemptions of importing switch blade knives has changed a little, but the excemptions as outlined above still stand.
 
Yep, the USGov can import anything they want, but a bonafide dealer (term used for a dealer selling to the USG or LE) has to present some proof that they're purchasing for sale only to those approved end users or risk seizure of the shipment. Of course the USG is usually restricted to us manufacture autos so importing isn't typically an issue.

A friend of mine is on the third year of five of probation for not having an order in hand from the USG or LE when his shipment was seized by Customs for such a mistake. The fact that he couldn't provide that prior proof for who would be getting the knives meant the loss of tens of thousands in "stock" and a plea to no time and 5 years probation. This in spite of the fact that he made sales to LE supply shops who then sold to LE. I suspect that if he'd payed for a legal fight he could have proven he was legit, but there's the theoretical and then the practical limits of what's possible.
 
To correct some "ballistic knife" misunderstandings.

For a knife to be a "ballistic" knife the blade must be thrown as a projectile. It really isn't a knife at all, just a knife shaped projectile weapon. The blade detaches from the "knife".

Ballistic_knife-01a.jpg

BallisticKnife1.jpg


Federal Code - Title 15, Section 1245. On Ballistic knives: (as of: Jan. '03):

(a) FEDERAL Prohibition and penalties for possession, manufacture, sale, or importation.
Whoever in or affecting interstate commerce, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), knowingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, or imprisoned not more than ten years, or both.
(b) Prohibition and penalties for possession or use during commission of Federal crime of violence Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or imprisoned not less than five years and not more than ten years, or both.
(c) Exceptions. The exceptions provided in paragraphs (1), (2), and (3) of section 1244 of this title with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section.
(d) ''Ballistic knife'' defined: As used in this section, the term ''ballistic knife'' means a knife with a detachable blade that is propelled by a spring-operated mechanism.
Editors note: (A ballistic knife is a knife encased in a tubular metal sheath which when removed, uncovers a detachable blade that can be propelled by a spring mechanism operated at the push of a button.)
 
The originals and most of the copies are spring driven. There have been some pressurized gas versions, but that's dabbling after the fact.

As to whether your grandfather's switchblade is legal to possess or carry or not you need to look up the law for your state instead of just assuming it's against the law to have it as a curio, relic or keepsake. Most people in this country either incorrectly assume that it's illegal to have a switchblade or it's perfectly legal to have them (and everything in between). Don't assume anything about switchblade laws on the state or local level, look them up.
 
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?
 
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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.
 
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.
 
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.
 
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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.
 
"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.
 
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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.
 
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.
 
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!
 
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.
 
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.
 
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