US Customs Proposed Law Banning Folders

[Bill Harsey]

SF BHT,
Very interesting, Thank you.


Looks like this is getting more attention: http://www.tradingmarkets.com/.site/...0News/2384784/

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

[The Reaper]

Originally Posted by Bill Harsey

SF BHT,
Very interesting, Thank you.

Looks like this is getting more attention: http://www.tradingmarkets.com/.site/...0News/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...-with-critics/

[Blitzzz (RIP)]

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

[Sten]

http://www.nraila.org/Legislation/Fe...d.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/port...9/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.