spy1
Regular Member
imported post
(Caught this one over on LeeAnn's site: http://www.2asisters.org/ ). Thanks, LeeAnn!)
by Evan F. Nappen, Esq.
June 4, 2009
Beware! That folding knife in your pocket may turn you into a criminal if the Obama administration gets its way. Although there has been a lot of fear and speculation that the new administration wants to take your guns, the most pressing threat now is actually to your pocket knives. With the changing of the guard at U.S. Customs, that agency has now embarked on redefining "switchblades" under federal law to include a wide variety of one hand opening knives that never were intended to be prohibited. In fact, many of the knives U.S. Customs now seek to prohibit under the Federal Switchblade Law had not even been invented at the time of its enactment! Furthermore, four previous U.S. Customs ruling letters (prior administrations) specifically determined "assisted opening" knives not to be defined as switchblades.
This new proposed U.S. Customs regulation is so broad that thousands of pocket knives will fall under its sweep and millions of knife owners will be affected. The problem is not simply that imports will be banned (which is bad enough), but that the "agency determination" will be used by domestic courts and law enforcement to determine what a "switchblade" is under both federal and state laws. Many states, including New Hampshire, fail to define switchblades and simply rely on the federal definition.
Luckily, the two premiere knife organizations in the US, American Knife and Tool Institute (AKTI) and Kniferights.org, are fighting hard on this issue, but they both need your immediate help. Customs is attempting to jam this new regulation though at record speed.
As stated on the http://www.kniferights.org website:
U.S. Customs has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives its broad definition could also easily be interpreted to include one-handed opening knives and even most other pocket knives.
Note that customs interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports.
As stated on the http://www.akti.org website:
URGENT NEWS - U.S. Customs Proposal would characterize assisted-openers as switchblade knives and jeopardize all pocket knives. On behalf of the entire sporting knife industry and knife owners across the country, AKTI will be filing an official response to U.S. Customs.
This is the biggest threat to American knife owners in U.S. history. AKTI informs us that this "Customs' proposal will make criminal out of 35.6 million Americans."
AKTI further states:
U.S. Customs proposes to bypass Congress and expand the switchblade definition to include all knives that open with one hand. These include multi-tools, traditional pocket knives, one-hand openers, and assisted-openers.
More than 35.6 million law-abiding Americans now own one-hand-opening knives in one of the above four categories.
The U.S. Customs proposed new rule and the four prior letters they want to overturn can be read in their entirety here: http://www.akti.org/PDFS/U.S.CustomsProposedRuling.pdf
AKTI suggests that to register your opposition to the U.S. Customs'plan (19 CFR Part 177) to re-classify assisted openers and all folding knives; address your comments by June 21, 2009, to:
19 CFR Part 177
U.S. Customs and Border Protection
Office of International Trade, Regulations and Rulings
Attention: Intellectual Property and Restricted Merchandise Branch
Mint Annex, 799 Ninth St. N.W.
Washington, D.C. 20229
==============================
Followed by this (which I found here: http://glocktalk.com/forums/showthread.php?t=1066113 ):
-----Forwarded Message-----
From: Sue Ritter
Sent: May 31, 2009 4:00 PM
To: mailto:members@kniferights.org
Cc: mailto:sritter@kniferights.org
Subject: Proposed U.S Rule Could Make Many Pocketknives Illegal
PROPOSED U.S. RULE WOULD MAKE MANY POCKETKNIVES ILLEGAL
This email is just a heads up to Knife Rights members and supporters about a very critical and important development that jeopardizes your right to own and carry pocket knives. PLEASE DO NOT ACT YET! Word is reaching the street via forums and other means and we want to make sure the true facts are known as there are many inaccurate rumors circulating. Many of the emails we have received are inaccurate or full of hyperbole. Any knee jerk or inappropriate reaction will endanger our cause, not help it. Please wait until your organization has developed appropriate and effective responses in order that you are taken seriously by the relevant authorities. I cannot overemphasize how critical this is, DO NOT WRITE YET, PLEASE!
Now, on to the issue:
U.S. Customs just about a week ago proposed revoking earlier rulings and years of precedence that assisted opening knives are not switchblades; that, in and of itself is bad enough. However, the proposed new rule would not only outlaw assisted opening knives, its overly broad new interpretation of what is a switchblade (automatic) knife could also easily be interpreted to include all one-handed opening knives and even most other pocket knives. All knife owners could be impacted by this ill-conceived change to existing policy. We will have much more information on the historical issues and the like in coming days as we organize our response.
Please note that Customs' interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports. This would be a devastating blow to our rights and to the entire knife making community. It has the potential to make criminals of millions of law-abiding citizens and put thousands of workers on the street. This is no joke, this is not just hype, and this is the real thing.
Knife Rights, in cooperation with AKTI and the affected knife manufacturers, is formulating a well-reasoned and effective response. We will all be asking for an extension to the ridiculously short 30-day comment period. We anticipate that some extension will be granted, hopefully for a meaningful period. Part of the reason for the extension is to allow us to adequately inform and advise the millions of knife owners who might be affected. PLEASE DO NOT RESPOND JUST YET. This would be extremely counterproductive. We still have plenty of time to do this right and stop this travesty, but we must proceed intelligently and at the correct time with the best possible arguments. DO NOT JUMP THE GUN!
Within the next week we will post a sample letter and talking points for your use. At that time we will ask you to write and MAKE YOUR VOICES HEARD! Please, do not respond earlier, it will be extremely counterproductive.
In the meantime, we are making the full 63 page document available to you to read for yourself. Again, while we understand your frustration, please do not write just yet.
http://www.kniferights.org/U%20S%20Cust ... Knives.pdf
This is the reason why Knife Rights exists; this is why we formed the organization. We didn't know where or how the attack would come, but we knew it was only a matter of time. We are here for you and will keep you informed.
Doug Ritter
mailto:dritter@KnifeRights.org
Have you signed up? Go to: http://www.KnifeRights.org
Protecting your right to own and carry knives and tools
==============================
Stand by for further updates - if you haven't done it before, submitting "Comments" on proposed "regulation" changes can be quite difficult. I'll try to walk you through it. P
(Caught this one over on LeeAnn's site: http://www.2asisters.org/ ). Thanks, LeeAnn!)
by Evan F. Nappen, Esq.
June 4, 2009
Beware! That folding knife in your pocket may turn you into a criminal if the Obama administration gets its way. Although there has been a lot of fear and speculation that the new administration wants to take your guns, the most pressing threat now is actually to your pocket knives. With the changing of the guard at U.S. Customs, that agency has now embarked on redefining "switchblades" under federal law to include a wide variety of one hand opening knives that never were intended to be prohibited. In fact, many of the knives U.S. Customs now seek to prohibit under the Federal Switchblade Law had not even been invented at the time of its enactment! Furthermore, four previous U.S. Customs ruling letters (prior administrations) specifically determined "assisted opening" knives not to be defined as switchblades.
This new proposed U.S. Customs regulation is so broad that thousands of pocket knives will fall under its sweep and millions of knife owners will be affected. The problem is not simply that imports will be banned (which is bad enough), but that the "agency determination" will be used by domestic courts and law enforcement to determine what a "switchblade" is under both federal and state laws. Many states, including New Hampshire, fail to define switchblades and simply rely on the federal definition.
Luckily, the two premiere knife organizations in the US, American Knife and Tool Institute (AKTI) and Kniferights.org, are fighting hard on this issue, but they both need your immediate help. Customs is attempting to jam this new regulation though at record speed.
As stated on the http://www.kniferights.org website:
U.S. Customs has proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives its broad definition could also easily be interpreted to include one-handed opening knives and even most other pocket knives.
Note that customs interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports.
As stated on the http://www.akti.org website:
URGENT NEWS - U.S. Customs Proposal would characterize assisted-openers as switchblade knives and jeopardize all pocket knives. On behalf of the entire sporting knife industry and knife owners across the country, AKTI will be filing an official response to U.S. Customs.
This is the biggest threat to American knife owners in U.S. history. AKTI informs us that this "Customs' proposal will make criminal out of 35.6 million Americans."
AKTI further states:
U.S. Customs proposes to bypass Congress and expand the switchblade definition to include all knives that open with one hand. These include multi-tools, traditional pocket knives, one-hand openers, and assisted-openers.
More than 35.6 million law-abiding Americans now own one-hand-opening knives in one of the above four categories.
The U.S. Customs proposed new rule and the four prior letters they want to overturn can be read in their entirety here: http://www.akti.org/PDFS/U.S.CustomsProposedRuling.pdf
AKTI suggests that to register your opposition to the U.S. Customs'plan (19 CFR Part 177) to re-classify assisted openers and all folding knives; address your comments by June 21, 2009, to:
19 CFR Part 177
U.S. Customs and Border Protection
Office of International Trade, Regulations and Rulings
Attention: Intellectual Property and Restricted Merchandise Branch
Mint Annex, 799 Ninth St. N.W.
Washington, D.C. 20229
==============================
Followed by this (which I found here: http://glocktalk.com/forums/showthread.php?t=1066113 ):
-----Forwarded Message-----
From: Sue Ritter
Sent: May 31, 2009 4:00 PM
To: mailto:members@kniferights.org
Cc: mailto:sritter@kniferights.org
Subject: Proposed U.S Rule Could Make Many Pocketknives Illegal
PROPOSED U.S. RULE WOULD MAKE MANY POCKETKNIVES ILLEGAL
This email is just a heads up to Knife Rights members and supporters about a very critical and important development that jeopardizes your right to own and carry pocket knives. PLEASE DO NOT ACT YET! Word is reaching the street via forums and other means and we want to make sure the true facts are known as there are many inaccurate rumors circulating. Many of the emails we have received are inaccurate or full of hyperbole. Any knee jerk or inappropriate reaction will endanger our cause, not help it. Please wait until your organization has developed appropriate and effective responses in order that you are taken seriously by the relevant authorities. I cannot overemphasize how critical this is, DO NOT WRITE YET, PLEASE!
Now, on to the issue:
U.S. Customs just about a week ago proposed revoking earlier rulings and years of precedence that assisted opening knives are not switchblades; that, in and of itself is bad enough. However, the proposed new rule would not only outlaw assisted opening knives, its overly broad new interpretation of what is a switchblade (automatic) knife could also easily be interpreted to include all one-handed opening knives and even most other pocket knives. All knife owners could be impacted by this ill-conceived change to existing policy. We will have much more information on the historical issues and the like in coming days as we organize our response.
Please note that Customs' interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports. This would be a devastating blow to our rights and to the entire knife making community. It has the potential to make criminals of millions of law-abiding citizens and put thousands of workers on the street. This is no joke, this is not just hype, and this is the real thing.
Knife Rights, in cooperation with AKTI and the affected knife manufacturers, is formulating a well-reasoned and effective response. We will all be asking for an extension to the ridiculously short 30-day comment period. We anticipate that some extension will be granted, hopefully for a meaningful period. Part of the reason for the extension is to allow us to adequately inform and advise the millions of knife owners who might be affected. PLEASE DO NOT RESPOND JUST YET. This would be extremely counterproductive. We still have plenty of time to do this right and stop this travesty, but we must proceed intelligently and at the correct time with the best possible arguments. DO NOT JUMP THE GUN!
Within the next week we will post a sample letter and talking points for your use. At that time we will ask you to write and MAKE YOUR VOICES HEARD! Please, do not respond earlier, it will be extremely counterproductive.
In the meantime, we are making the full 63 page document available to you to read for yourself. Again, while we understand your frustration, please do not write just yet.
http://www.kniferights.org/U%20S%20Cust ... Knives.pdf
This is the reason why Knife Rights exists; this is why we formed the organization. We didn't know where or how the attack would come, but we knew it was only a matter of time. We are here for you and will keep you informed.
Doug Ritter
mailto:dritter@KnifeRights.org
Have you signed up? Go to: http://www.KnifeRights.org
Protecting your right to own and carry knives and tools
==============================
Stand by for further updates - if you haven't done it before, submitting "Comments" on proposed "regulation" changes can be quite difficult. I'll try to walk you through it. P
