| A newly revised ruling by the Department of Homeland Security, Office of the Commissioner of Customs has created quite a stir amongst right to carry advocates. And this time the subject isn't guns.
U.S. Customs and Border Protection (CBP) intends to redefine the Switchblade Knife Act by invoking four ruling letters the agency created regarding the admissibility or importation of certain knives with spring-assisted opening mechanisms. Their action was made, they say, after having re-examined several of the knives in question. A 63-page document rendering their decision may be found here.
A "switchblade knife" had been redefined as any imported knife which as one or more of the following characteristics:
- A blade which opens automatically by hand pressure applied to a button or devise in the handle of the knife or any knife with a blade which opens automatically by operation of inertia, gravity, or both
- Any knife that may be altered or converted to open similarly
- Any unassembled knife kit that may when fully assembled open similarly
- Any knife with a detachable blade that is propelled by a spring-operated mechanism and its components
The redefinition reverses their ruling made late in 2004 allowing Friskars to import"utilitarian" knives for use by what they defined as a "wide assortment of people including fishing and hunting enthusiasts, electricians and repairmen" whom they contended needed a knife that they could open with one hand. It also negates a ruling in May 2006 for Columbia River Knife and Tool in which it was determined that their knives operating with a "slight spring action" were admissible since they were defined as "utilitarian" knives.
In opposition, Knife Rights, Inc. contends that 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.
"For CBP to ignore this overwhelming existing body of law is inexcusably arrogant and borders on a reckless abuse of power," the Knife Rights, Inc. website proclaims.
CBP's rationale for tightening importation rules is that without sanctions the enforcement of state laws banning switchblade knives would be extremely difficult to enforce. Their conclusion made in late this spring was "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."
The agency has invited comments from the public regarding their actions Send them to U.S. Customs and Border Protection, Office of International Trade, Regulations and Rulings, Attn.: Intellectual Property and Restricted Merchandise Branch, Mint Annex, 799 9th St., NW, Washington, DC 20229. The deadline for submission is June 21, 2009.
Since the CBP's ruling seems to have bypassed Congressional consideration, A.G. Russell, who has a stake in the decision as a founder of A.G. Russell Knives, has sent e-mails to stakeholders suggesting that they contact their federal legislators protesting CBP's action.
Forums that are cropping up on this issue suggest that as holders of knives potentially to be redefined as illegal, these people fear that discovery of them in their possession---a large percentage of the population is said to own these type of knives-- would make them felons. Others question the underlying motives by the government to restrict these knives in the first place.
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