Quote:
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.
http://www.kniferights.org/index.php?option=com_content&task=view&id=81&Itemid=1
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.
http://www.kniferights.org/index.php?option=com_content&task=view&id=81&Itemid=1