US Customs Proposed Law Banning Folders

[Bill Harsey]

At Blade Show in Atlanta I attended a meeting with the owners and CEO's of all the major knife companies.

We face a significant problem of the United States Customs broadening the definition of auto opening knives to include any folding knife that can be opened with one hand.

Any knife that can be opened with one hand would be banned from import into the United States. The result, as I'm told, could also ban the sale of said knife types from one state to another within the United States.

A link:http://www.kniferights.org/index.php?option=com_content&task=view&id=81&Item

Edited to add: US Customs and Border Protection do a critical, important and very difficult job. I'm in no way banging on US Customs in general, however I have a disagreement with the current proposed rule change.

[Bill Harsey]

Here is another important link on same topic from the American Knife and Tool Institute also known as ATKI: http://www.akti.org/

AKTI is made up from members of the knife and tool manufacturing industry.

[Pete]

While the story mentions the Boy Scout knife, my Swiss Army can be opened with one hand.

True, I just tried it and it was a little hard but I've seen one armed people with practice do a number of "hard" things - all it takes is practice.

[Bill Harsey]

While the story mentions the Boy Scout knife, my Swiss Army can be opened with one hand.

True, I just tried it and it was a little hard but I've seen one armed people with practice do a number of "hard" things - all it takes is practice.

Yep, with most traditional slip joint folders one can pinch the blade and use the weight of the handle to rotate the blade to full open position. Under the US Customs proposed law change this would now be a switch blade knife because it could be "inertia" opened.

[PSM]

one armed people

This can be defeated by invoking the ADA!

Pat

[BryanK]

Thank you Mr. Harsey for bringing this to light. Letters are on the way, as well as some phone calls. Whats next, are they going to take away my butter knives to make this country a "safer" place? May as well outlaw trees for having sticks that people can beat eachother to death with. Who breeds these people? :mad: They need to be sterilized. Apologize for the rant. Thanks again.

[mcarey]

If your congressman or senator is on the commerce or homeland security commitees, please write, email and call them to get the US Customs to repeal their definition and intent. I beleive that if enough rep / senators in congress call Customs, this will disappear quickly.

[Scimitar]

So knives aren’t covered by the 2nd amendment?

What am I missing here that they think they can ban knives but wont ban some of the fully auto jobs out there that 'people' hate so much.

Confused?

Sean

[x SF med]

It is utterly astounding to me that the US Customs Service is going to make every Boy Scout, recreational sailor, hiker, backpacker, rock climber, lumberman, construction worker, farmhand, police officer, and military person a criminal because they carry a tool with them.

Kinder, gentler pc BS...

[Trip_Wire (RIP)]

What a bunch of CRAP! Let's stop this in it's tracks! :mad:

[Defender968]

For those who want the source document on this, it took a little looking but here is the policy that's the basis for this post, it starts on page 5 of the pdf.

http://www.customs.gov/linkhandler/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05222009_no21/43genno21.ctt/43genno21.pdf

I would love to get to sit down with the egg headed moron who came up with this retarded idea, I don't know if it's Andrew M. Langreich, Intellectual Property and Restricted Merchandise Branch, at (202)325–0089 who is the listed POC, but with all the issues facing our nation that are in C & BP's lane, the fact that they're wasting the time to try to further disarm ordinary citizens really torques me.

How many individuals have been stabbed with auto openers really? I know in my last 3 years as an LEO I didn't see 1, not 1, now I have seen stabbings, but more often than not they were with kitchen knives or box cutters, a few with folding pocket knives, but not one was an auto opener.

Maybe, just maybe those freaking dips*(&s running C&BP could focus on something that's really an issue, like I don't know the 30 million illegal aliens residing in our country violating federal law and crippling our school and medical systems instead of worrying about who's carrying a knives that opens just a little too quickly. Next thing you know they'll try to ban hammers, afterall a couple of folks got killed with those last year! :mad:

[Bill Harsey]

Thanks for all the reading and comments.

What concerns me is that under the "old" importation of switchblades act is that knives that are not switchblades get caught up in it.

The proposed rule change broadening the definition of "switchblade"has the potential to sweep up many more folding knives if not all.
This would affect interstate commerce also. My fear is that we are close to becoming like England.

A Hawaii State Senator tried to ban all pocket knives in Hawaii recently. The dots on the chart are changing direction fast.

[Frank Trzaska]

While we are on the banning subject. As reported in the Washington Times today.

"SWORDLESS SAILORS
Graduating midshipmen of the U.S. Naval Academy in Annapolis are being told in writing to leave at home or in their vehicles all "ceremonial swords" and anything else "that might be considered a weapon or a threat by screeners" for Friday's outdoor commencement ceremonies featuring an address by President Barack Obama."

All the best
Frank Trzaska

[Kit Carson]

Thanks for posting this, Bill.

As Bill and others have said, this is a serious issue. Send the links to everyone you know, especially those that carries a knife.


This could get bad for me. All my collaborations are AO or flipper type knives. Getting too old to start making fixed blades again, and too old to come back in the Army...:)

[Bill Harsey]

Thanks for posting this, Bill.

As Bill and others have said, this is a serious issue. Send the links to everyone you know, especially those that carries a knife.


This could get bad for me. All my collaborations are AO or flipper type knives. Getting too old to start making fixed blades again, and too old to come back in the Army...:)
Your welcome Kit.
Looks like this just got more serious, got word from Doug Ritter from Equipped To Survive and KnifeRights.org that US Customs has denied the request for extension to consider this issue and the deadline for comments remains 21 June 2009.
Said request was made by the US knife and tool manufacturers via AKTI (American Knife and Tool Institute) and KnifeRights.org

My guess is US Customs mind is made up and this continues on the fast track to passing.

[Kit Carson]

Your welcome Kit.
Looks like this just got more serious, got word from Doug Ritter from Equipped To Survive and KnifeRights.org that US Customs has denied the request for extension to consider this issue and the deadline for comments remains 21 June 2009.
Said request was made by the US knife and tool manufacturers via AKTI (American Knife and Tool Institute) and KnifeRights.org

My guess is US Customs mind is made up and this continues on the fast track to passing.




Bill, that's the problem. They are changing the wording and putting it into effect. Nothing to pass since it's already a policy. Unless something happens, it will go into effect on the 22d of June 09.

[dmgedgoods]

#

[Bill Harsey]

This now has the NRA's attention: http://www.nraila.org/Legislation/Read.aspx?ID=4972

The read from some in the knife industry working on this is "it's a done deal". US Customs has little interest in discussing this issue.

One of the knife and tool industry representatives spoke with Oregon Democratic Congressman Jeff Merkley. I was told he said simply (and I'm paraphrasing) "If US Customs is for it, I support them".

I spoke with my congressman's office yesterday, couldn't tell if they cared or not but this issue is going to impact some business in Oregon.
Economic impact of the knife and tool industry in Oregon alone was 2.3 billion dollars in the year 2007.

Here are the Oregon knife companies:
Al Mar
Benchmade
Coast
CRKT
Gerber
Kershaw
Leatherman
Lone Wolf
William Henry

and I live and work in Oregon too.

[swatsurgeon]

I saw a customs agent reply somewhere that stated it is for importing this kind of knife, not the sale or carry in the US by established companies but he could have it all wrong too.....

too many questions and not enough straight answers from the government at this point.

ss

[swatsurgeon]

I found this info and emailed the CBP to clarify the possession issue vs the import issue...no reply so far.

DEPARTMENT OF HOMELAND SECURITY,
OFFICE OF THE COMMISSIONER OF CUSTOMS.
Washington, DC, May 6, 2009
The following documents of U.S. Customs and Border Protection
(‘‘CBP’’), Office of Regulations and Rulings, have been determined to
be of sufficient interest to the public and CBP field offices to merit
publication in the CUSTOMS BULLETIN.
SANDRA L. BELL,
Executive Director,
Regulations and Rulings,
Office of International Trade.
r
19 CFR PART 177

ISSUE:
Whether the subject knives are prohibited entry into the United States pursuant
to the Switchblade Knife Act, 15 U.S.C. §§ 1241–1245.

In HQ 116315, HQ W116730, HQ H016666, and HQ H032255,
CBP determined that certain knives with spring- or release-assisted
opening mechanisms were admissible pursuant to the Switchblade
Knife Act, 15 U.S.C. §§ 1241–1245 and the CBP Regulations promulgated
pursuant thereto and set forth in 19 CFR §§ 12.95–
12.103. Based on our recent review and reconsideration of HQ
116315, HQ W116730, HQ H016666, and HQ H032255, and reexamination
of several of the knives therein at issue, we have determined
that the admissibility determination in the aforementioned rulings
is incorrect. It is now CBP’s position that knives incorporating
spring- and release-assisted opening mechanisms are prohibited
from entry into the United States pursuant to the Switchblade Knife
Act, 15 U.S.C. §§ 1241–1245.

It appears that they want to revoke previously approved "assisted opening knives" made elsewhere which will effect several reputable companies here.

Or am I missing a 'bigger picture' here????

ss

[Bill Harsey]

swatsurgeon,
Your not missing anything. This proposed "rule change" is a bolt of lightning out of a clear blue sky.

The proposed rules are written so broadly that US Customs will be able to declare almost any folding knife they want to be against the law to import.
The knives in question have been Federally adjudicated to NOT be switchblades under US law.

Maybe Kit Carson can shed some light on what happened to CRKT a few years ago with US Customs. It was ugly and CRKT prevailed with what should have been "case law' on this matter.

Here is another downside to the proposed rule change: Many of the knives currently available to members of the United States military via AAFES (Army Air Force Exchange Service) will no longer be on the shelf.

Isn't this how the ban on foreign produced semi automatic weapons happened?

[The Reaper]

Isn't this how the ban on foreign produced semi automatic weapons happened?

Actually, that was an executive order from the first President Bush.

TR

[Kit Carson]

Bill, I'll just put a link up that tells the story. My blood pressure is still way too high from the current US Customs situation.

Long but interesting read..http://www.akti.org/news-updates/crkt.html


As you can read in the article, it cost CRKT well over 1M
and since most of them were my design, it cost me more than I like to think about.


This latest decision by US Customs will cost All the major knife companies well into the millions in sales and legal fees, and will probably put some of them out of business.

[Bill Harsey]

Kit,
Thanks for posting the link. It's an important read for anyone interested in this situation.

Now get back to your zen meditation. ;)

[Bill Harsey]

From today's Atlanta Journal Constitution,

Mr. Bob Barr weighs in on this topic: http://blogs.ajc.com/bob-barr-blog/2009/06/17/pocket-knives-now-in-feds-gunsights/?cxntfid=blogs_bob_barr_blog

Very well said Mr. Barr.

[Kit Carson]

Here is the link to the letter that legal counsel for kniferights.org sent today to CBP.

http://www.kniferights.org/KNIFE%20RIGHTS%20CBP%20COMMENTS.pdf

[swatsurgeon]

The only problem I see contained within the 14 page document is that is written clearly and logically...will CBP be able to comprehend it?

ss

[Bill Harsey]

The only problem I see contained within the 14 page document is that is written clearly and logically...will CBP be able to comprehend it?

ss

swatsurgeon,
Very clear and logical and with some interesting history. Worth the time to read of you have an interest in folding knives.
Thanks Kit.

As I edited into my first post here, US Customs and Border Protection has a tough and important job to do which I respect and value their doing.
My disagreement is with the proposed rule change that could effectively ban most folding knives not just from import but from legal production, sales and ownership within the United States.

[Bill Harsey]

a little more support...
http://www.examiner.com/x-13542-Grand-Rapids-Hunting-Examiner~y2009m6d13-To-owners-of-assisted-opening-knives

[SF_BHT]

Bill

I was just up in Tulsa and Dallas working. In Tulsa I had 4 high level CBP inspectors (14/15's) with me and I posed the question about this. Now they are in the field not at HQ in DC.

They had no Idea that this was going on. I asked them if they had received any notification in a possible change and they all said they had never heard of it. They knew the policy about foreign switchblades and had enforced it at 2 ports of entry. I showed them the thread and they were taken back that this new wording was being done. Every one of us EA/CBP/TFO's that were there pulled a pocket knife out. All were clip knifes and were one hand openers. All said no one was going to take them from any of us.

They also said that the wording would make it easy for an inspector to deny access if he wanted.

I feel that this is some idiot in DC trying to fix something that is not broken. My counterparts there agreed.

Just my 2 cents......

[Bill Harsey]

SF BHT,
Very interesting, Thank you.


Looks like this is getting more attention: http://www.tradingmarkets.com/.site/news/Stock%20News/2384784/

PS. If anyone knows how to post the above article here, please do.
Comments from CBP spokesperson worth noting.

[The Reaper]

SF BHT,
Very interesting, Thank you.

Looks like this is getting more attention: http://www.tradingmarkets.com/.site/news/Stock%20News/2384784/

PS. If anyone knows how to post the above article here, please do.
Comments from CBP spokesperson worth noting.

As requested.

Buck concerned about knife rule: Although proposed federal regulatory change doesn't affect Idaho company, firm's CEO says he's still nervous

Jun 23, 2009 (The Lewiston Morning Tribune - McClatchy-Tribune Information Services via COMTEX) -- IDHO | Quote | Chart | News | PowerRating --

A large knife manufacturer in Idaho says U.S. Customs officials engaged in "bureaucratic activism" when they proposed a rules change that would reclassify certain knives as illegal switchblades.

C.J. Buck, president and CEO of Buck Knives, said the ruling targets imported knives that use a spring, or release-assisted mechanism to open quickly. Consequently, the proposal wouldn't affect his family-owned Post Falls manufacturing firm, which employs about 220, with an annual payroll just shy of $10 million.

"The initial ruling doesn't impact us," Buck said. However, "the thing that has me nervous is that the language Customs used to cast the net wide enough to capture these assisted-opening knives could be used to capture just about every folding knife made in the country. But the broader issue is that this is a kind of bureaucratic activism. Customs is bypassing the legislative process and implementing regulations that aren't what was originally intended."

When Congress outlawed switchblades in 1958 -- making it illegal to import or sell them through interstate commerce -- it was after a very specific type of knife, he said. Rather than prohibit "everyday tools," it wanted to outlaw knives that could be flicked open or that opened automatically by pressing a button.

"Now here we are 50 years later, and customs wants to make something else fit the definition of a switchblade, so they expand the interpretation," Buck said.

The new definition says if you can open the blade to a certain point, after which inertia takes over, then the knife qualifies as switchblades.

"Almost any folding knife, you can open them part way and then flick them open," said Buck, who also sits on the executive committee for the American Knife and Tool Institute, which represents knife manufacturers and retailers. "Our concern is that this (new definition) will flow back into interstate commerce. This came out of the blue. Nobody in the industry even heard about it until the end of May, when we were already a week into the (30-day) comment period. Just all of a sudden, we've had to cough up thousands of dollars to defend ourselves against this black cloud."

Jenny Burke, public affairs officer with U.S. Customs and Border Patrol, said the proposal is an attempt to bring some consistency to the issue. It tries to address some conflicting rulings issued over the years, some of which prohibit the importation of assisted-opening knives and others that allow it. It also addresses the "health and public safety" considerations raised by such importations.

The federal agency "only makes determinations relating to imported merchandise," Burke said. Consequently, the ruling doesn't affect merchandise that's already here or that's manufactured in the United States.

The public comment period on the proposed ruling ended Sunday. A final determination should be issued within the next 30 days; it will take effect 60 days after being published.

Last week, Idaho's entire congressional delegation wrote a letter to Janet Napolitano, secretary of the U.S. Department of Homeland Security, urging her to withdraw the proposed rules change. A similar letter circulated by the Congressional Sportsmen's Caucus reportedly garnered about 50 signatures.

Spence may be contacted at bspence@lmtribune.com or (208) 848-2274.

[SF_BHT]

Bill here you go....

Well TR is faster than me...

Already posted

[Bill Harsey]

TR and SF BHT,
Thanks for your help.

Story from today's Washington Times,
http://washingtontimes.com/news/2009/jun/24/bid-to-expand-knife-ban-doesnt-cut-it-with-critics/

[Blitzzz (RIP)]

This is just another Obama "Goose Step" in the wrong direction.

[Sten]

http://www.nraila.org/Legislation/Federal/Read.aspx?id=5043

This looks to be good news?

Senate Passes Amendment Protecting Knife Owners

Friday, July 10, 2009


Late Thursday, the Senate unanimously passed an amendment to the Federal Switchblade Act as part of the Homeland Security appropriations bill. The amendment, authored by Sens. John Cornyn (R-Tex.), Mark Pryor (D-Ark.) and Orrin Hatch (R-Utah), changes the federal law under which one agency had tried to redefine many common knives as switchblades.

The measure would exempt assisted-opening knives that can only be opened with "exertion applied to the blade by hand, wrist or arm" from a federal law that criminalizes commerce in switchblades. Assisted opening knives are highly desired by hunters, anglers, farmers, ranchers, firefighters, law enforcement and emergency personnel and others who may need to open a knife with only one hand.

"The Senate sent a strong message and made clear that the 35 million Americans who own pocketknives are free to continue using them without the threat of federal agency intrusion," Sen. Cornyn said in a statement today. "While U.S. Customs and Border Protection (CBP) proposed changing that, my colleagues joined in a unanimous, bipartisan effort to ensure assisted-opening pocketknives are protected by the law. What's more, the CBP reversal would have inflicted serious economic harm to sporting goods manufacturers and retailers."

In the same statement, Sen. Hatch said, "Without this amendment, there is a real danger that 80 percent of the pocketknives sold in the U.S. could be classified as illegal switchblades, which would hurt knife and tool manufacturers across the nation. The unintended consequences of the CBP's definition could be that state and federal criminal courts could construe Leatherman-type multi-tools equipped with one-hand opening features, as well as folding utility knives with studs on the blunt portions of the blade to assist with opening, to be illegal. That is absurd."

Thursday's Senate action puts us one step closer to passing this common-sense measure into law. The measure now heads to a House-Senate Conference Committee.

To view the amendment, please click here: http://www.KnifeRights.org/SAmdt%201447.pdf

[pyreaux]

Thank you for posting the good news.

[Kit Carson]

The latest information. The complete read is at www.kniferights.org

In a letter to Representative Kurt Schrader (D-OR), Customs has officially backed off their proposed revocations in recognition of the Amendment that was passed by the Senate, at least until the Homeland Security Appropriations Bill is acted upon in Conference Committee.

"The amendment would effectively obviate the need for CBP's proposed revocations and render the current issue moot. Additionally, due to the numerous comments received in response to the proposed revocation, it is unlikely that CBP will take any further action prior to passage of the Appropriations Act.

[Bill Harsey]

Some movement on this front: http://portland.bizjournals.com/portland/stories/2009/10/19/daily26.html

[Stras]

NRA-ILA GRASSROOTS ALERT
Vol. 16, No. 42 10/23/09
Congress Passes NRA-Backed Legislation
Protecting Pocketknife Classification


Back in June, we reported on a proposed U.S. Customs and Border Protection (CBP) rule change that would have expanded the Switchblade Knife Act of 1958 to include spring-assisted or one-handed-opening knives, and would have directly targeted the importation of "assisted opening" folding knives. (Read the proposed rule here.) Assisted opening knives are frequently used by hunters, anglers, farmers, ranchers, firefighters, law enforcement and emergency personnel and anyone else who may need to open a knife with only one hand.

The proposed regulations would have designated all such knives as "switchblades" -- despite the fact they do not fall under the federal definition of "switchblades" -- and would have made them illegal for import into the United States.

Fortunately, in July, the U.S. Senate unanimously passed an amendment to the Federal Switchblade Act as part of the Homeland Security Appropriations Act of 2010. This NRA-supported amendment then headed to a House-Senate conference committee.

Last week, the U.S. House passed the amendment. We are happy to report that this week, the U. S. Senate passed the measure as well.

[Bill Harsey]

Just got word that late yesterday the pres signed the Homeland Security Appropriations Bill, with the folding knife law amendment intact, into law.