Why Switchblades Are Banned

[Midwest]

Why Switchblades Are Banned

A rather lengthy but informative article about switchblades and what prompted the "Federal Switchblade Knife Act" to pass in 1958. The article covers the history of the switchblade, how it played it's part during World War II, the legalities, the ban and the situation today.

http://indefinitelywild.gizmodo.com/why-switchblades-are-banned-1704050416

"Second Amendment enthusiasts are adding a new front to their right-to-bear-arms battle: Knives. In particular, the infamous switchblade, which has been banned by federal law since 1958. Why all the fuss? Well, it all dates back to racism, xenophobia, class warfare, and political theater."




.

 

[4thPointOfContact]

WikiDot.com.

§ 1242
"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."

Arguably one of the most important parts of this chapter, several key elements of this section require explanation. First, it is notable that this law only prohibits introducing, manufacturing, transporting or distributing switchblades if doing so is part of a business transaction and it that transaction crosses over state or territory lines, or the knives are coming from a foreign country. That's all it does. It has no effect on selling withing the same state, no effect on carry, and no effect on possession alone.

There are only ten states or territories where switchblades are specifically illegal. Switchblades are entirely legal in the state of Georgia for instance so long as OCGA 16-1-126 is adhered to.

 

[X-Rap]

I can see the novelty of collecting switch blades but from a utility standpoint I'll stick with the assisted ones.
It's funny but I believe you will have a harder time negotiating the concealed knife laws in this country than the gun laws

 

[Midwest]

Wiki says the law here for Kentucky says you may only carry one concealed if you have a concealed deadly weapons permit. http://en.wikipedia.org/wiki/Switchblade
.

 

[Sol]

Racist laws of urban epicenters.

Unfounded fears of 1950's style Italian street gangs.

Interstate commerce clause BS.

The children.

Isn't a fixed blade infinitely faster than a swithcblade?
I wouldn't know, it's illegal to carry about anything more dangerous than a nail clipper here in Ohio. I can't carry a knife, but I can OC a handgun.

Seems like a legitimate arguement.

 

[toivo]

In New York, a CCW is only for pistols. You cannot legally conceal a knife with a blade over I-forget-how-many inches. So in theory, you could legally be carrying a concealed pistol but be busted for the knife in your pocket.

Just one of the many joys of living in the "Empire" State ...

 

[Sunray]

Too many scary 'hood' movies in the mid to late 50's.

 

[WestKentucky]

Wiki says the law here for Kentucky says you may only carry one concealed if you have a concealed deadly weapons permit. http://en.wikipedia.org/wiki/Switchblade
.

This is true. It is one thing that was specifically covered in the concealed weapons class...but as the instructor said you always want to bring a gun to a knife fight, seldom the other way around.

 

[glistam]

Ah someone actually quoted my wikidot page. Thanks, 4thPointOfContact.

One problem with the federal law, despite the fact that it only applies to commerce, is that it served as a template to nearly every state in the US. Many of these laws have been changed since then, but there are still a lot of restrictions. As the other part of my wiki (http://weaponlaws.wikidot.com/us-switchblade-laws) shows, legality is multi-part and not so simple. 16 States ban even owning them (17 if you count states with ambiguous collector exceptions). But things have been changing slowing over the past 5 years. There are 11 states were it's completely legal to carry the concealed, 23 if you count states with blade length or age restrictions, or that permit carry with a handgun permit.

 

[JShirley]

as the instructor said you always want to bring a gun to a knife fight, seldom the other way around

Though frequently repeated, this is one of the most dangerous expressions in the community. There are so many things wrong with it, it's difficult to know where to begin- in fact, it's true only in the general sense of "use overwhelming force if attacked."

 

[leadcounsel]

Much like the rest of self-defense weaponry laws, the knife laws are outdated and based in irrational fear, lack-of-understanding, prejudice, racism, and a host of other unfavorable terms.

And like perhaps nearly all laws on the books, in bad need of a rational reworking or simply erased off the books.

 

[lemaymiami]

Every now and then I get the urge to own a good quality automatic - but have always held off since I don't want my daily carry to get any undue attention if I'm stopped.... Never mind that in the right (or wrong) hands any sharp blade can be a terrible weapon that won't even be seen until it's been used....

As already noted the laws covering knives of any kind are at best chaotic and at worst prime examples of how legislatures should repeal most of the laws regarding the carrying of knives. As with any other instrument used to harm another the only prohibition should be around what it's used for. Most tools are just tools, it's only when used to harm or threaten that they become an issue. So it should be with blades, but I'm probably in the minority in this view.

Another very bad example of confused knife laws is the situation in Baltimore where not even the state's attorney seems to know whether the state or the city's law is applicable in the arrest that's lead to so much trouble there...

 

[hso]

Take a look at the Knife Rights site to see the changes they've made to knife laws.

 

[MikeJackmin]

I was surprised to see automatic knives for sale at the Syracuse gun show several years ago. This was done under the noses of the state police and was clearly allowed. A hunting license was required for purchase.

I took the time to explore NY state law and learned that the only time regular people are allowed to carry an automatic knife in NY is when they are 'actively engaged in hunting'. By extension, keeping a knife in the home is also legal, at least if you have a hunting license. Carry at any other time is prohibited.

Interstate sale and shipping of automatic knives remains illegal under federal law but many sellers, particularly private sellers, simply ignore it. I've heard that one major manufacturer got slapped for this - Benchmade, I think - but I've never heard of individuals getting in trouble, and it seems pretty unlikely that a federal law enforcement officer would ever bother with such a thing. As a practical matter, the biggest issue is that it make warranty service impossible.

Out-the-front knives are fun but they are fussy and generally fragile. Side-opening automatics can be perfectly practical tools, as practical as any good folding knife and certainly very convenient. They offer little real advantage over assisted opening knives or even over knives with thumb studs, but they are a fun thing that can serve a sensible daily purpose.

I have a few and carry them sometimes when I'm in the house, simply to satisfy an itch I've had since I was about 12. I recall, years ago, thinking how cool to would be if one could somehow convert a Buck folding hunter into a high-quality automatic. I thought that would be about the most perfect knife ever, and now that I have one it makes me happy every time I use it.

As I understand it, the crucial legal distinction that make an assisted knife legal and an automatic knife illegal is that an assisted knife is fired by touching a button attached to the blade, while an automatic is fired by touching a button attached to the handle. This is a splendid example of an absurd and pointless federal law that is nonetheless almost impossible to change.

 

[Carl N. Brown]

What prompted the "Federal Switchblade Knife Act" 1958 was what prompted the demonization of horror comics in the 1950s: the voodoo criminology mindset that also drives "gun control" and other witchhunts like the "Satanic Ritual Abuse" moral panick.

As I understand switchblade knives and current Tennessee state law, possession as a curio, keepsake, heirloom, collectible in the home is OK, but they remain a "prohibited weapon" for carry on the streets as a weapon for defense or for offense period.

 

[hso]

distinction that make an assisted knife legal and an automatic knife illegal is that an assisted knife is fired by touching a button attached to the blade, while an automatic is fired by touching a button attached to the handle.

Not quite. No buttons on assists and you have to manually open an assist past a bias to close to get the spring to engage to carry the blade to the locked position. This is completely different from a switchblade. With a switchblade you use a button or some other handle mounted trigger to open the blade with the spring which is always pushing on the blade and would open it if not for the button holding it closed.

 

[22-rimfire]

With the assisted opening knives that are so common today, the switchblade is not very relevant from a legal standpoint any more. Laws are slowly being changed as a result of Knife Rights and other activists.

 

[zennashton]

The law got changed in Tenn. Last year. I have an OTF on me right now.

http://www.legallyarmed.com/resources/tn-new-2014-weapon-laws.html

 

[lemaymiami]

If possible I'd still like to hear a clear explanation of knife laws in Maryland (as they apply in the Baltimore case...) where it's been said in the press that under state law you have one situation under city law in Baltimore you have a different legal situation...

This seems less than reasonable to this old retired cop...

 

[HexHead]

As I understand switchblade knives and current Tennessee state law, possession as a curio, keepsake, heirloom, collectible in the home is OK, but they remain a "prohibited weapon" for carry on the streets as a weapon for defense or for offense period.

You're absolutely incorrect. As of last July 1, automatic knives are completely legal in TN. Blade length restrictions for knives and the whole "intent to go armed" nonsense regarding knives were also repealed.

 

[hso]

zennashton,

Knife Rights spent 2 years working with Mike Bell to get the switchblade prohibition removed in TN (along with other absurd restrictions). We got the cooperation of the Chiefs and Sheriffs associations to remove the last roadblocks in the legislature and the Governor signed the bill. On July 1, 2014 a decades long law prohibiting switchblades died along with the restrictions on length of blade. The previous year KR was able to get the crazy quilt of laws removed by getting preemption through the legislature.

Knife Rights is carrying this forward and is currently working in half a dozen states to remove restrictions on citizens that make carrying a knife illegal.

 

[Officers'Wife]

I never understood the attraction myself but assumed the laws where a solution hoping to find a problem. Quite frankly, I could get my butterfly knife open and ready just as fast or faster than the average guy with a switchblade.

By the time I was down to using it for defense though I doubt there would be much fight left.

 

[kBob]

Butterfly knives were considered by LEOs in many states to be "gravity Knives" and no different from a switch blade in being illegal or an indication of bad folks.

I once miss placed a spider co I carried during a firearms class. I grabbed my butterfly, which I used sometimes as a dive knife and slid it into my hip pocket along side my wallet. When the instructor called for a knife check ( he insists LEOs and armed citizens should have a knife) out came some very nice and expensive one handed openers. But the sound of my butterfly spreading its wings caused over half the class to look back in something approaching horror.

Go figure.

Fortunately one of the local LEOs explained they were no longer illegal here and that I was a nut job anyway.

-kBob

 

[jlr1962]

The noise of an automatic knife is one reason I chose to carry some type of thumb hole open knive. The only somewhat quiet auto open knives I checked out at the local shows and mall shops ($$$$mallshops$$$$$$), were priced more than I was willing to spend.

My favorite knife is a Gerber thumb hole with soft rubber liners on the outsides of the handle. Very light and doesn't slide around in my pocket. I would buy a few more if I could find some.

 

[hso]

That and that autos were illegal in Tx.