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kozak6 · June 27, 2009, 07:56 PM

As I understand it, Customs is upset about the importation of what is known as "assisted opening" knives.

An assisted opening knife is like a cross between an ordinary pocket knife and a switchblade. Generally, the user will press on a thumbstud like on an ordinary knife, and then when the blade has opened something like 30 or 40 degrees, a spring mechanism will kick the blade the rest of the way into the fully extended and locked position.

In practice, such a knife is functionally similar to a switchblade. Instead of pressing a button on the handle of a knife, the user presses a thumbstud on the blade, which then snaps open under spring tension.

Why isn't it (federally) considered a switchblade, then?

Federal law requires a knife to open automatically with hand pressure applied to a button or other device in the handle, or through the operation of inertia and/or gravity.

Because Customs hasn't found a lawyer clever enough to successfully argue that a thumbstud on the blade is really a device in the handle, most of the major knife companies have a line of assisted opening knives. Many of these companies import them.

So, we have most major knife companies importing knives that are functionally similar to switchblades but which legally are not, which has upset Customs.

So, then, the obvious solution is for Customs to sidestep asking Congress to amend the Federal Switchblade Act, and instead take matters into their own hands by proposing a ruling which will reclassify these knives as switchblades.

There are several problems with this.

There's the doomsday scenarios about using this as a club to fine these knife companies into bankruptcy and making however many million owners of these knives insta-felons.

Furthermore, the ruling is so sloppily written that most folding knives, including slipjoints and multitools, could potentially be reclassified as switchblades.

It's a mess. However, some of our Congress critters are a bit upset about this and are threatening with amendments to deny them funding. There's also a letter with signatures of 80 representatives who are against it.

June 27, 2009, 07:56 PM	#9
kozak6 Senior Member Join Date: June 16, 2005 Location: AZ Posts: 3,113	As I understand it, Customs is upset about the importation of what is known as "assisted opening" knives. An assisted opening knife is like a cross between an ordinary pocket knife and a switchblade. Generally, the user will press on a thumbstud like on an ordinary knife, and then when the blade has opened something like 30 or 40 degrees, a spring mechanism will kick the blade the rest of the way into the fully extended and locked position. In practice, such a knife is functionally similar to a switchblade. Instead of pressing a button on the handle of a knife, the user presses a thumbstud on the blade, which then snaps open under spring tension. Why isn't it (federally) considered a switchblade, then? Federal law requires a knife to open automatically with hand pressure applied to a button or other device in the handle, or through the operation of inertia and/or gravity. Because Customs hasn't found a lawyer clever enough to successfully argue that a thumbstud on the blade is really a device in the handle, most of the major knife companies have a line of assisted opening knives. Many of these companies import them. So, we have most major knife companies importing knives that are functionally similar to switchblades but which legally are not, which has upset Customs. So, then, the obvious solution is for Customs to sidestep asking Congress to amend the Federal Switchblade Act, and instead take matters into their own hands by proposing a ruling which will reclassify these knives as switchblades. There are several problems with this. There's the doomsday scenarios about using this as a club to fine these knife companies into bankruptcy and making however many million owners of these knives insta-felons. Furthermore, the ruling is so sloppily written that most folding knives, including slipjoints and multitools, could potentially be reclassified as switchblades. It's a mess. However, some of our Congress critters are a bit upset about this and are threatening with amendments to deny them funding. There's also a letter with signatures of 80 representatives who are against it.