Automatic knives laws. open to all

[BiLL1024]

Looks to me it is not illegal in every state.
You can carry in some states.
The federal law says you cant transport over state lines.
http://www.thehighroad.org/library/blades/knifelaws.html
I wish NY would change its law.
Plus in NY. The DEC laws say you can carry one in the field when hunting or fishing. But you cant buy one here. The laws are a mess!!!!!
I feel no matter how the knife opens, it still is going to hurt if you get stabbed.
I have a nice knife collection, including a 1970 boss 302 knife.
I want a nice Italian Stiletto.
I would never hurt any one with it.
Unless I had to defend myself or my family.
There should be a degree of intent of ownership.
Like gun laws, make the crime worse if you use a auto knife in a crime.
Let us get a permit to own.
We all get screwed because some people just cant obey the law.
Do the laws in the link above look right?
http://members.aol.com/akaswitchblades/

 

[G2Mach1]

I have a really nice Italian Stiletto I bought in Italy... however I do not carry it around.

 

[FordSVTFan]

Looks to me it is not illegal in every state.
You can carry in some states.
The federal law says you cant transport over state lines.
http://www.thehighroad.org/library/blades/knifelaws.html
I wish NY would change its law.
Plus in NY. The DEC laws say you can carry one in the field when hunting or fishing. But you cant buy one here. The laws are a mess!!!!!
I feel no matter how the knife opens, it still is going to hurt if you get stabbed.
I have a nice knife collection, including a 1970 boss 302 knife.
I want a nice Italian Stiletto.
I would never hurt any one with it.
Unless I had to defend myself or my family.
There should be a degree of intent of ownership.
Like gun laws, make the crime worse if you use a auto knife in a crime.
Let us get a permit to own.
We all get screwed because some people just cant obey the law.
Do the laws in the link above look right?
http://members.aol.com/akaswitchblades/

Until the Supremacy Clause of the United States Constitution is removed, Federal Law Trumps State and Local Law. The Federal Law does NOT allow for auto opening knives.

That site is their "interpretation" of various state's case law where they feel it is okay. They include the caveat that "it is hard to tell what the law really is."

If the Federal Law says you cant, then the states cant say you can. Where the Federal Law has spoken on an issue, the states may only make the law more encompassing, they cant make the law more narrow.

 

[92z28]

Interestingly enough you can buy auto open knives at some stores despite being illegal. Just two weeks ago I bought a switch-blade knive in the 2nd floor of The Mall of America of all places. Im not retarded enough to walk around with the thing but it does look cool next to an antique Russion watch I got.

 

[Scout238]

Are we talking "switch" blade knives or "spring-assisted" knives? Do they require any effort of the user besides pushing a button? I'm assuming you mean switch blade style. I ask because I have seen people confuse the two pretty often.

 

[FordSVTFan]

Are we talking "switch" blade knives or "spring-assisted" knives? Do they require any effort of the user besides pushing a button? I'm assuming you mean switch blade style. I ask because I have seen people confuse the two pretty often.

They are both illegal under Federal Law.

 

[Alloy Snake]

It is my understanding that if you have a concealed weapons permit you can carry a switchblade,At least in Florida.

 

[vortex03]

What's the big deal on how you open a knife? I've never seen an unopened knife stab someone. I've also never seen a gun kill someone. It takes action to cause a reaction, as far as opening a blade or cocking a gun. I believe that carrying a knife and a lighter are necessities even though you don't smoke. You never know when you need to cut or melt something.

 

[FordSVTFan]

It is my understanding that if you have a concealed weapons permit you can carry a switchblade,At least in Florida.

A CCW only allows you to carry a "legal" weapon in a concealed fashion. Just as a CCW does not permit you to carry an M-50 machine gun, you can not carry a switchblade. Switchblades, Stilletos and Auto-Opening knives are illegal.

This includes Florida.

 

[Scout238]

Interesting. I know in CA spring assisted knives are legal, which switch blades are not. I understand federal overrules state. Do you have a reference to a section for your federal information? Just curious because I carry spring assisted.

 

[TJSwoboda]

They are both illegal under Federal Law.

Obviously this "source" could very well be wrong and I keep hitting a wall trying to find the actual relevant clauses of the USC, but according to the always questionable Wikipedia, interstate commerce means just that in this case. Hence, no ATF agents raiding the Mall of America.

 

[BiLL1024]

Here it is the fed statute
CITE 15 USC Sec. 1243 01/24/94
EXPCITE TITLE 15 - COMMERCE AND TRADE
CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF
SWITCHBLADE KNIVES
HEAD Sec. 1243. Manufacture, sale, or possession within specific
jurisdictions; penalty
STATUTE Whoever, within any Territory or possession of the United States,
within Indian country (as defined in section 1151 of title 18), or
within the special maritime and territorial jurisdiction of the
United States (as defined in section 7 of title 18), manufactures,
sells, or POSSESSES any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.
SOURCE (Pub. L. 85-623, Sec. 3, Aug. 12, 1958, 72 Stat. 562.)
It does say possession.
So it is like Ca. the state may say you can, but the fed say you can't.
Like the Medical pot laws in some places.
So if you buy it in a state where they sell it. Stay away from a federal agent.
Time to change some laws!
Even regular pocket knife laws are all over the map. What a mess.

 

[BiLL1024]

Just a question.
The law was passed in 1958.
Was there some big crime wave with switchblades, that they felt the need to pass this law?
Heck I thought the 50's were the good old days as compared to today.

 

[Scout238]

Thank you for finding the statute. It still seems to me that spring assisted would be legal (around here at least).

One of the CA sections:
653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.


USC definition for the section mentioned above

Sec. 1241. Definitions

As used in this chapter--
(a) The term ``interstate commerce'' means commerce between any
State, Territory, possession of the United States, or the District of
Columbia, and any place outside thereof.
(b) The term ``switchblade knife'' means any knife having a blade
which opens automatically--
(1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both.


I am citing the two because the wording seems similar. The way I am interpreting it, a spring assisted would not be considered a "switchblade" for this purpose.

I also know there is a CA state bill that further defines what a switchblade is, but that is irrelevant as far as the federal sections go.

 

[red03dave]

We can carry switch blades here in AZ, I have a few benchmade's and Boker's that are my "dailys". Not law everywhere. Most cops won't hassle you if it is no bigger then the palm of your hand or 4-5''. Then again I always tell cops I have a pocket knife on me if I get pulled over. Then again we can carry guns on our hips here too, ha ha - Everywhere but bars, schools, and places that have signs saying you can't.

 

[vortex03]

*removed by moderator* Post constructively and on-topic or not at all.

 

[Silver2003Cobra]

I've bought 2 SOG knives with their S.A.T technology.. on base at the Navy Exchange.. who knows if they are legal or not.. but I've never had anyone say anything to me about them.

 

[kingCOBRAsvt_99]

How about Emerson knives with their "wave release" feature?

Considering you have to pull the knife out of your pocket and there is no spring nor button I would assume as long as the length is legal then there nothing wrong with carrying them?

www.emersonknives.com

IMO they are better then a automatic or spring assisted knife.

 

[DarkswordDX]

A little clarification: The company I work for sells auto knives, aka switchblades.

The facts are:

Laws on possession, sale, etc are state-level. Its is absolutely illegal to possess one on Federal property. That's places like National Parks and Washington D.C. That is what the second clause in the Federal Switchblade Act means.

It's also a federal offense to allow any switchblade to enter into interstate commerce. Meaning you can't cross state lines with it. It's also illegal to send one in the mail.

But you can possess, carry, and use one if your state laws allow it. The exception to this is that LEO and active duty military can carry them anywhere while in uniform.

Butterfly knives are not usually considered switchblades. In some states they are though, so watch out.

"Open assist" knives are not regarded as switchblades, because they are not opened with a thrusting motion and the blade release mechanism is not contained within the handle. It's a loophole, but they're 100% legal and have been for several years.

The reason the switchblade laws were passed is because we had what they call a "moral panic" back in the '50s. All these movies and plays like West Side Story came out showing gangs of criminal youth terrorizing people with switchblades. People thought that was really going on, freaked out, and some stupid laws got passed.

 

[Blade Runner]

So, what happens if you have a collection of "switchblades", and you decide to move from one state to the next? The knives would of course be packed away in your U-Haul. But, since you're moving automatic knives from one state to the next, is it still illegal under the interstate commerce laws?