To owners of "assisted opening" knives

Grand Rapids Hunting Examiner ^ | 13 June, 2009 | Kevin Rought

[marktwain]

The U.S. Government Is Trying To Take Away Your Pocket Knives!

SAF and CCRKBA Joins with Knife Rights

The Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms have joined with Knife Rights to help fight this unwarranted knife grab by Customs. Alan Gottlieb CCRKBA Chairman noted, "we stand with Knife Rights in their support of Americans' right to own and carry the knives of their choice."

And, just a reminder, the Second Amendment doesn't say "Firearms," it says "Arms," and knives are clearly covered.

The U.S. Government is after your Pocket Knives! In a sneak attack, U.S. Customs has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposal would not only outlaw assisted opening knives, its overly broad new definition of a switchblade would also include all one-handed opening knives and most other pocket knives!

U.S. Customs & Border Protection (CBP) on May 21st proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives, its new broad definition of a switchblade could also include one-handed opening knives and could be easily interpreted to cover most other pocket knives, even simple old-fashioned slip-joints.

At this point, one-hand opening and assisted opening knives are 80% of U.S. knife sales. For most knife companies, they represent all or the majority of their product lines. These are the knives Americans take with them to work and to play everyday.

Note, please, that CBP's interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. This ruling by CBP is NOT limited to just imports. This WILL affect virtually everyone who carries a pocket knife, no matter the type!

CBP came up with this absurd proposal and then tried slipping it into their regular notices, apparently hoping nobody would become aware of until too late. They provided for only the minimum 30-day comment period, and there's no email comments allowed. Just yesterday CBP rejected numerous requests for an extension to the unduly short comment period. Obviously, they'd just as soon not hear from us. We're intending to disappoint them in that.

CBP's proposal would have effects far beyond that suggested in the title of the proposal, "Proposed Revocation Of Ruling Letters And Revocation Of Treatment Relating To The Admissibility [sic] Of Certain Knives With Spring-Assisted Opening Mechanisms," which would be bad enough even if it only did that. However, this proposal would likely make it illegal for the estimated 40 million law-abiding Americans who own and carry pocket knives to do so. 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 clearly 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.

The definition of what is a switchblade has been clear and settled for the most part 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 to reach back beyond the law and to expand their regulatory purview by rationalizing "intent" as justification for this new interpretation is a stretch, at best, and illegitimate at worst. It 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. They cherry-picked a few bizarre and untypical rulings from New York state from some years ago to provide support for their proposal, ignoring the many more recent rulings.

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 this "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.

Knife making in the U.S. has enjoyed a renaissance in the past decade or two as the genius and innovation of American knife makers, 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. That's a heck of a stimulus package.

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. Those are very conservative numbers. 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. Millions of Americans would be impacted. The cost would be tragically huge, more so because it is neither necessary, nor desired by the vast majority of Americans.

Knife Rights www.KnifeRights.org is the organization that is heading the grassroots effort to stop Customs' pocket knife grab. We are supporting their efforts to safeguard our rights. As they point out, the Second Amendment doesn't say "Firearms," it says "Arms." Clearly the founding fathers expected that knives would be included.

Knife Rights has provided Model Letters to make it easy for you to make your feelings known. We are in for the fight of our lives to save our Pocket Knives. We can only win if you do your part. You have to write!

We need your help to make an impression on CBP. They figured that they could slip this by everyone with little notice. We need to let CBP know that they are not going to get away with it; that we noticed and we are not happy and that we will not stand by while they take away our pocket knives.

We need you to write CBP NOW! Their June 21, 2009, deadline is fast approaching and these letters must go via postal mail (or Fedex/UPS) and be RECEIVED (not postmarked) by that date. Click below for a Model Letter you can send to CBP. You MUST write TODAY!

http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29 or http://tinyurl.com/q7w8tm

However, the reality is that CBP isn't required to listen to our demands, but they do have to answer to Congress. After you send a letter to CBP, giving them notice they are not going to sneak this by us, the next step is to inundate Congress with emails and letters.

If you want to be free to carry your pocket knives in the future, you need to write your Senators and Representative TODAY! Click below for a Model Letter you can send to Members of Congress. Only your efforts will stop this and save our Knife Rights!

http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29 or http://tinyurl.com/qqvmns

Help us stop this ill-conceived effort by Customs before it puts thousands of more Americans out of work and destroys one of Americas oldest industries, causing great harm to our nation and many American families. Help us stop these faceless, heartless bureaucrats from destroying our essential American freedoms. This nation has many more important issues that need our attention and energy in this time of crisis.

Write Customs & Border Patrol NOW!

http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29 or http://tinyurl.com/q7w8tm

Write your Senators and Representative TODAY!

http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29 or http://tinyurl.com/qqvmns

DO IT NOW! DO IT TODAY! DON'T WAIT!

[marktwain]

It is good to see SAF recognize the fact that "arms" is not limited to firearms.

[Always Right]

The Obama Supreme Court will rule that the term arms, literally means arms.

[prisoner6]

This proposal affects me, no surprise there. I ALWAYS have at least 2 knives on me. One is a Victorinox Fireman model. Not self opening but a very useful tool. I go through at least 2 a year because I use them EVERY day.

Along with that I'll carry a self opening pocket knife with a 3" blade or one of my Case knives which are my favs.

A tiny "pen" knife rounds things out.

I carry the Victorinox and sometimes a Case on my belt. You'd be surprised - or maybe not - to hear the reactions I get when people find out they are knives! LOTS of people complain that I shouldn't be carrying them!

I weep for the nation!

prisoner6

[gridlock]

The one and only time I have urgently needed arms for self defense, all I had was a cheap little pocket knife with a thumb stud. I was rounding a corner in Brighton Beach in Brooklyn with my wife, and two guys came out of the doorway behind me and three guys stepped out of the shadows in front.

I grabbed my wife and threw her into the crosswalk and told her to get to the Dunkin’ Donuts a block and a half away, on the Avenue. As I did this I pulled the knife, opened it one-handed, and turned to face the attackers.

Things didn’t work out quite as they planned. I was supposed to be trapped and helpless on a dark side street, with attackers in front and behind. Instead, there I was, on the corner, under a streetlamp, facing all of my attackers on one side with a knife in my hand.

Now, I have no illusions. If they had come after me, I was toast. I know diddly squat about close-quarters fighting. But I made myself intimidating enough, with the use of that knife, to make it not worth their time. But for that three dollar piece of steel, the outcome would have been very different.

I walked over to the Dunkin’ Donuts to collect my wife, and reported the whole thing to the cop who I pretty much figured would be sitting there. All he did about it was take my knife away.

[sergeantdave]

“In a sneak attack, U.S. Customs has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposal would not only outlaw assisted opening knives, its overly broad new definition of a switchblade would also include all one-handed opening knives and most other pocket knives!”

This so-called ruling goes to the heart of what a republic is and how we’ve lost that republic.

USC is an unelected bureaucracy that’s writing a law. Nowhere is this allowed in our constitution. Only elected lawmakers may write law. Congress may not give its lawmaking power to a bureaucracy any more than a president may give his war-making power to ACORN or the guy down the street.

The fact that a bureaucracy can write law is one of the primary traits of a dictatorship. We saw it with the “soviet” bureaucrats in communist Russia and the packs of functionairies in fascist Germany.

This is another mess created by the idiot congress and fascist courts that we’ll need to clean up.

It’s time for states to just say no to illegal dictates from the fascist federal bureaucracies. A good start would be shutting down all federal buildings infested by these bureaucracies and declaring them infestations.

[gridlock]

...even the most simple and innocuous Boy Scout folding pocket knife can be opened one-handed by use of dangerous and unsafe tricks...

Oh man! That brings me back...

I can still feel the pain!

[prisoner6]

All he did about it was take my knife away.

That is AMAZINGLY DISGUSTING!

prisoner6

[gridlock]

This was back when Dinkins was the Mayor. There were a lot of amazingly disgusting things going on in New York back then.

[sport]

You should have learned two lessons that day:1.The cop is not your friend,he is not there to protect you. He is there to protect the interest of the State. If you say anything other than. “yes sir/ mam”, “no sir/ mam”, or, “I want a lawyer”, you will probably live to regret it.

In the olden days, before the Clinton regime, one could conversate with a police officer. Those days are long gone.

[tarawa]

Very interesting. I always have a good lockback knife on me at all times, so I would definitely be affected be this proposal.

[Diogenesis]

Lucius Annaeus Seneca:
“Quemadmodum gladius neminem occidit, occidentis telum est.”
(A sword is never a killer; it is a tool in the killer’s hands.)

[JudgemAll]

I need my knives as a safety measure to pry myself out of every situations, including first aid and auto accident rescue etc.

What they want is control America by turning the government into a huge TSA agency.

[DemforBush]

I’m certainly no expert, but I’ve always been mystified by the logic of banning “quick release” knives (i.e. switchblades, etc.) at all. Other than being somewhat easier to conceal, I don’t see how they are more dangerous than any other knife.

[RoadTest]

STOPIT, OBAMA!

Don’t take away our whittlin’ and apple eatin’ knives. Thing is, the knife fighters and other wicked of this land will keep theirs. Don’t be stupid, Obaministration.

[gridlock]

I’m certainly no expert, but I’ve always been mystified by the logic of banning “quick release” knives (i.e. switchblades, etc.) at all. Other than being somewhat easier to conceal, I don’t see how they are more dangerous than any other knife.

Didn't you even see West Side Story?!?

[From The Deer Stand]

When knives are outlawed only outlaws will have knives.

[668 - Neighbor of the Beast]

You'd be surprised - or maybe not - to hear the reactions I get when people find out they are knives! LOTS of people complain that I shouldn't be carrying them!

Heck, I get that same reaction from people who notice the mini utility knife on my keychain. (Yes, it is useful, provided you open a lot of packages on a regular basis.)

The other day I put it down on the supermarket conveyor belt while trying to juggle two cell phones and a wallet, and the cashier said rather loudly, "Is that a... knife??"

Used to be, you could make somebody that uncomfortable with a rabbit's foot. They're probably illegal now.

All this squeamishness is mere affectation taught to a soft, pampered generation of lambs.

[2nd amendment mama]

LOTS of people complain that I shouldn't be carrying them!

You HAVE GOT to be kidding! We really have become a nation of wusses. I carry at least 1 knife all the time too - I'd feel lost without it.

[TexasRedeye]

...I carry at least 1 knife all the time too - I'd feel lost without it.

Me, too! Of course, I also carry a Springfield .45!

[The Duke]

Now, I have no illusions. If they had come after me, I was toast. I know diddly squat about close-quarters fighting.

I prescribe watching two episodes of "Burn Notice". You'll be an expert in hand-to-hand in no time! :)

[Condor51]

Note, please, that CBP's interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases.

Dam YOU James Dean, Sal Mineo and Natalie Wood! /s

Switchblades (Automatic Knives) are the easiest *illegal* thing to get. Easier than pot for a pothead. And that law is enforced at the Fed Level like never. One day when I 'playing Lawyer' a middle aged guy was in court for getting busted with an 'Automatic Knife' (switchblade). He got a $75.00 Village fine and not even a nasty look from the judge.

[They'll have to pry my Switchblades from my cold dead hands]
(just kidding OFFICER. Them things be illegal )

[marktwain]

“I’m certainly no expert, but I’ve always been mystified by the logic of banning “quick release” knives (i.e. switchblades, etc.) at all. Other than being somewhat easier to conceal, I don’t see how they are more dangerous than any other knife.”

---

It makes not real sense. I put it in the category of “trendy laws” where some stupid movie or TV show was used to create another stupid law. Some legislator managed to get it passed, then a bunch of other legislators, looking for a way to get their name in the press, pushed to have an identical law passed in their jurisdiction.

In this way we got the bans on switchblades (West Side Story), Nun-chucks (Bruce Lee Movies), and Concealed Carry laws (scare accounts of free black men after the war between the states).

[Mr Rogers]

I’ve carried a knife since I was in the 4th grade. I’d feel naked without one...

[BP2]

It is good to see SAF recognize the fact that “arms” is not limited to firearms.

Yes, and remarkably, the US Supreme Court would agree — knives, too, are protected by the Second Amendment.

This is from last June's SCOTUS case, striking down the handgun ban in DC, in defining the term “Keep and bear Arms”, on pg 7 of the Opinion:

“DISTRICT OF COLUMBIA v. HELLER”
http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf

Timothy Cunningham’s important 1771 legal dictionary defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.” A New and Complete Law Dictionary (1771)

[Ruy Dias de Bivar]

Each state should have a local maker of real swithblade knives to sell to state residents only. If Montana can do this with firearms why not knives!

Thll the Obama state to pound sand.

[Charles Martel]

I've seen those cheap Mexican "switchblade comb" novelties (yeah, they're still available) converted into real switchblade stage props (more or less) by fashioning a blade to fit where the plastic comb piece goes. Someone who knew what they were doing could crank out real switchblades like that by the gross.

Which means, of course, that those novelty combs will soon be verboten, too.

[Terabitten]

CBP Ping List... FReepmail me to be added or removed from this LOW volume ping list.

[combat_boots]

I see box cutters are really high on 0bama’s list. /s

[Moltke]

I consider my EDC folder (i.e. ‘Every Day Carry’ folding knife) a tool, not a weapon (”arms”) - in fact, a ‘knife’ is one of the oldest tools known to mankind.

Try taking away my Chris Reeve ‘Sebenza’... You just might lose a few fingers yourself....

[RikaStrom]

ping

[NewHampshireDuo]

I’ve carried a knife since I was in the 4th grade. I’d feel naked without one...

My grandfather gave each of his daughters a pocket knife when they were old enough to use it. He gave me one when I was just barely in school. He believed no one should ever be without a pocket knife.

I've lost a couple of old Swiss Army knives to the TSA when I've forgotten to pack them in the checked luggage. No big loss as I use my day to day knives pretty heavily and they are usually long overdue for replacing.

Once I was travelling with a very liberal woman and she asked why I was checking a bag for what was only a 2 day trip. I explained that it was for my knife. She looked at me with total horror that I carried a knife routinely. I then told her that at home I carry a gun too. Yikes!!!!

[SeaDragon]

Does that mean I shouldn't have just ordered this?

13" Stilletto Green Marble Pearlex Very high quality Italian clone. Pearlex-Smoke Stiletto, Stainless Steel Dagger Blade, Brass Liners. Safety, Great Action. Overall Length: 13" Blade Length: 6"

:-)

[SIDENET]

All he did about it was take my knife away.

Typical cop.

[RikaStrom]

And just were did you order that from, Missy??

:-)

[Jack Hammer]

Permit to Carry a Sharp Stick: get yours now, before the rush.

[SeaDragon]

And just were did you order that from, Missy??

Well I was just tooling around looking for that cute little cat weapon that LongElegantLegs posted on another thread and I came across this lovely little site.

http://www.coolhandcutlery.com/main.sc

[Jack Hammer]

Have a look at this -

http://nicnac.net/en-us/front.html

[SeaDragon]

Oh my! Another site to roam around. Those toys are kind of spendy.

Thanks for the link Jack. I always like to find new places to play.

Sea

[Larry Lucido]

could also include one-handed opening knives

Sounds like an Americans with Disabilities Act lawsuit.

[Jack Hammer]

Yes, they’re a little pricey, but when the quality is first-rate, the prices go up - and the quality IS first-rate.

Check out the front openers by Microtech, and...

Have fun! :-)

[SeaDragon]

Very, very nice.

I will have to put some of those on my wish list for sure.