U.S. Customs service attacking your knife rights

[agteacher2]

I received this information earlier today from Blue Ridge Knives,

Multiple court cases conclude
(and the 2009 Texas legislature agrees)
assisted-openers, one-hand openers,
multi-tools, and traditional pocket knives
are not switchblades.
AKTI opposes U.S. Customs’attempt to classify assisted-opening knives
and all one-hand-opening knives as switchblades.
Customs’proposal will make criminals of 35.6 million Americans.
The definition of a switchblade or automatic knife has been clear and explicit in federal law since 1958. There have been
several court cases in California, Texas, Illinois and Michigan on the issue of assisted-opening knives. Every judge in
every case has ruled they are not switchblades because they do not possess an activating button on the handle.
The only exception we are aware of is one Texas appellate case in 2007 and the Texas legislature has agreed with AKTI
that the decision was made in error. The court incorrectly focused on a thumb stud on the blade (which is typical of
many one-hand-opening pocket knives and is not banned by federal law, in Texas or in any other state). Athumb stud is
not part of either the Texas or federal statutory definitions of a switchblade knife which clearly state that a switchblade
must have a release button on the handle.
This case forced AKTI to introduce a bill in the 2009 Texas legislature to clarify the state's switchblade statute, reaffirm
the 50-year-old federal definition, and clearly distinguish one-hand openers and assisted-openers from the entirely
different class termed switchblades or automatics. The Texas House and Senate unanimously agreed and sent our bill H
4456 to the governor's desk for signature on May 29, 2009.
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 majority of Americans who carry and use one-hand-openers every day need them for their jobs. They use them to
save lives. They use them for gardening and scores of recreational activities.
If U.S. Customs succeeds, they will effectively ban all folding knives from
interstate commerce. Individuals who cross state lines into states where
switchblades are banned will be subject to arrest and prosecution.
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
http://WWW.AKTI.ORG

Also attached is a letter to send and show your concern:


U.S. Customs and Border Protection
Office of International Trade
Regulations and Rulings
Mint Annex
799 9th Street N.W.
Washington, D.C. 20229

Attn: Intellectual Property and Restricted Merchandise Branch

RE: PROPOSED REVOLCATION FO RULING LETTERS AND REVOCATION OF TREATMENT RELATING TO THE ADMISSIBILITY OF CERTAIN KNIVES WITH SPRING-ASSISTED OPENING MECHANISMS

To Whom It May Concern:

I am writing in regards to your proposed revocation referenced above. I am an owner and daily user of folding knives, which would appear to be covered under your proposal. While I am having difficulty wading through your 63 page document and making complete sense of it your 30-day comment period obliges me to at least let you know that it is very concerning to me on many levels and that I oppose this proposal.

In the first place, your 30-day comment period is unreasonably short. You cannot realistically expect us to actually understand all the myriad ramifications of this long and complicated proposal in a couple of weeks, all the time left to me as a member of the public since I have just now found out about this proposal which was not widely circulated originally. This is made worse by your lack of an email address to send comments to, as I must allow time for Postal Service delivery.

The definition of what is a switchblade has been clear and settled since the Federal Switchblade Act was passed in 1958. Your position is particularly questionable and irreconcilable because it flies in the face of virtually unanimous recent state court rulings (including several cases in California, Texas, Illinois and Michigan) where the issue of assisted-opening knives has already been decided in favor of the existing clear interpretation, that they are not a switchblade. Your convoluted reasoning for expanding this definition doesn’t pass the common sense test, nor is it in line with current judicial rulings.

Even worse, it appears your proposal redefines gravity and inertia knives so broadly that many, if not most, pocket knives will fall under its sweep. I, and millions of knife owners will be affected. Because your “agency determination” will be used by domestic courts and law enforcement to determine what is a “switchblade” under both federal and state laws, the impact will be felt far more widely than just by importers. Many states fail to define switchblades and simply rely on the federal interpretation. This proposal would make it illegal for me, and 40 million fellow law-abiding Americans to own a simple pocketknife.

Your attempt to redefine switchblades will also unnecessarily cost thousands of Americans their jobs. Many knife companies would be put out of business and their employees, dealers and others would be left jobless, needlessly doing great economic harm to our nation in a time of economic crisis.

I respectfully request that you do not proceed with this proposal, and that at a minimum, you provide a much longer comment period to allow me and my millions of fellow knife owners adequate time to properly review and comment. I also request that you allow us to submit comments via email. It is unconscionable in these difficult and technologically advanced times to force me to spend money to send my comments via postal mail.

Sincerely,

[smiling-knife]

Does US Customs have jurisdiction over state and/or interstate commerce? I thought their remit was limited to items imported from outside the US. If that was to passed as it seems you'd be worse off than us here in the UK Best wishes, s-k

[useem]

There not even finished taking our guns yet, and they are gonna start on our knives next (i better hide my staple gun before they want that too!!)

[agteacher2]

As I understand it the US customs service definitions will most likely be used as a basis for the courts to change the definition of a switchblade.

US Customs has denied any and all requests for an extension for groups to prepare and gather information on why US Customs should not pass the new legislation to reclassify all assisted opening knives as switchblades. The wording they are using in this new proposed legislation can also be, in all probability, applied to any one hand opening knife, meaning any regular folding knife with a thumb knob, thumb hole or flipper mechanism that can be opened quickly.

[agteacher2]

This is the email from Budk and Matthews Cutlery



Your Ability To Sell Knives is Under Assault from the U.S. Government!

US Customs has denied any and all requests for an extension for groups to prepare and gather information on why US Customs should not pass the new legislation to reclassify all assisted opening knives as switchblades. The wording they are using in this new proposed legislation can also be, in all probability, applied to any one hand opening knife, meaning any regular folding knife with a thumb knob, thumb hole or flipper mechanism that can be opened quickly.

We need everyone to act quickly and send a letter to US Customs opposing this legislation. Below is some sample letters and other information such as where to send these letters.

Please also contact your Senators and Congressmen concerning the impact this will have on all of our livelihoods. If we do not act decisively and quickly the knife business as we know it today will be drastically changed. PLEASE HELP.

EMAIL YOUR REPRESENTATIVE NOW

All comments on 19 CFR Part 177 must now be to Customs via snailmail (traditional mail) by June 21 (but that's a Sunday so please get yours there by June 20 or sooner).

AKTI (American Knife and Tool Institute) has created model letters for both individuals and companies on their website (http://www.AKTI.org). Use them as a guideline. Tell your story. Clearly, calmly explain your views of how this will impact your business or you as an individual. Don't worry if it is too long. JUST TELL YOUR STORY.

Let's get your employees to the AKTI website so they can sign up FREE to be a Grassroots Supporter. That's where AKTI will communicate with them on how they can save their jobs and this industry.

Here is where to send the letters:

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

Here is an example of the letter an individual can write:

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

RE: Opposed to 19 CFR Part 177

To whom it may concern:

I am asking you to reconsider your proposed revocation of the
importation of assisted-opening knives as outlined in 19 CFR Part 177.

I am a knife owner. I am not a criminal. I use a folding knife for
utilitarian purposes. [ Your personal story. ]

Your proposal, 19 CFR Part 177, is so broad in its proposed definition
of a switchblade knife that it would outlaw multi-tools, traditional
pocket knives, one-hand openers, and assisted-openers. Quite frankly,
the size and style of a knife has nothing to do with any criminal
intent.

Your proposal would make defacto criminals of me and more than 35
million other Americans who carry and use some type of utilitarian knife that opens with one hand. We are not "thugs and delinquents" as you try to portray us in your proposal letters. We use knives on the job in law enforcement, as EMTs, firemen, military personnel, construction workers, hunters, fishermen and women, hikers, bikers and gardeners. We use knives to save lives, to make our jobs and recreation easier and safer.

Your proposal would put America deeper into an economic crisis. There are nearly 4,000 people directly employed at the manufacturer/importer level in the U.S. sporting knife industry. Another 19,000 people support them by providing materials, packaging and shipping services. There are hundreds of distributors and retailers who would be adversely affected and many would go out of business. The industry generates nearly $1 billion annually at the manufacturer level and nearly $6 billion of total economic impact.

Sincerely,

[ Your name and contact information ]

Here is an example of a letter a company would write:

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

RE: Opposed to 19 CFR Part 177

To whom it may concern:

I am asking you to reconsider your proposed revocation of the
importation of assisted-opening knives as outlined in 19 CFR Part 177.

I am the owner/manager of a company in the U.S. sporting knife industry. Our company [ Name ] is [ describe business ].

We sell knives as tools and generate $[amount] annually. Our [ number ] employees earn [ dollar amount ] in wages and salaries.

Your proposal, 19 CFR Part 177, is so broad in its proposed definition
of a switchblade knife that it would outlaw multi-tools, traditional
pocket knives, one-hand openers, and assisted-openers. Quite frankly,
the size and style of a knife has nothing to do with any criminal
intent.

Our customers are not criminals. They use folding knives for a broad
range of utilitarian purposes. But 19 CFR Part 177 would make defacto
criminals of more than 35 million law-abiding Americans who carry and
use some type of utilitarian knife that opens with one hand. These are
not "thugs and delinquents" as you try to portray in your revocation
proposal. They use knives on the job in law enforcement, as EMTs,
firemen, military personnel, construction workers, hunters, fishermen
and women, hikers, bikers and gardeners. They use knives to save lives, to make their jobs and recreation easier and safer.

Your proposal would put America deeper into an economic crisis. There are nearly 4,000 people directly employed at the manufacturer/importer level in the U.S. sporting knife industry. Another 19,000 people support them by providing materials, packaging and shipping services. There are hundreds of distributors and retailers who would be adversely affected and many would go out of business. The industry generates nearly $1 billion annually at the manufacturer level and nearly $6 billion of total economic impact.

Sincerely,

[ Your name and contact information ]


Forward this email & share this important issue with your friends and family.

[W5RWU]

Thanks Jeff , will do
W5rwu

[orvet]

ATTENTION ALL AAPK MEMBERS

I always thought the progressives would try & get our gun rights first. But I guess they thought knife rights would be easier because of the NRA is fighting for our gun rights.

I personally have joined 2 different gun rights organizations and intend to join both knife rights organizations as well. Not only are we talking about our freedom and our liberty, we are talking about our beloved hobby here.

I never thought I would live to see this in my beloved America, but we need to face facts, if we don’t do something about this. We are going to loose our rights to even own a knife!

I encourage each of you to join one or both of these organizations as you can afford.
I know many of us on a budget, but for the price of a nice new knife you can join both of these organizations that are fighting for our knife rights.

KnifeRights.org
http://www.kniferights.org/

American Knife & Tool Institute
http://www.akti.org/


Even if you cannot afford membership now, you can all write a few letters. If every knife user in America started calling & writing his/her Congressman & Senator two time per week and also writing law enforcement officials, your state Governor, your state Attorney General, and your state Senate & House members, they would be so flooded with letters that they would be afraid to take any action.
And believe me, this administration DOES LISTEN to public opinion.

Folks, it comes down to this, if you want to continue to enjoy our hobby and continue to carry a knife, then get busy and write some letters. If not, do nothing and our rights will be taken away. In that case, I know I will see a few of my fellow diehards in jail, because that is exactly where we will end up unless we hand over our collections to those on power, (would they not be dictators?)

Dale

To make it easier to find this thread I will make it a sticky until June 21st.


(I feel as though I am writing this from Germany in the 1930s.)
GOD SAVE AMERICA
GOD BLESS AMERICA

[carvin don]

Two letters written and addressed, ready to mail tomorrow. We do need ALL the support of our knife community. If we do nothing, we will eventually lose everything.

[nifenut]

Saw this last week and snt a lettter.
Thanks Jeff,
nifnut

[smiling-knife]

Yes.... write the letters while you still can. Very best wishes my friends. s-k

[Jingler]

I will never surrender my knives to any bureaucracy.

[icemilk]

I also wrote them a letter, I think they are just doing what they are told from powers much higher than them. There are leaders in this nation that want America to be like Europe. I perdict that someday most sharpe edge insturments will have a number stamped on the tang.

[orvet]

I perdict that someday most sharpe edge insturments will have a number stamped on the tang.

Wow, deja vu all over again!

[Steel Dragon]

I recieved this email today.

Texas Governor Perry signs AKTI Bill H 4456 on June 18

AKTI thanks Texas Governor Perry and our sponsors Senator Robert Deuell and Representative Joe Driver for their support of H 4456. AKTI's bill clarified the state's switchblade knife statute so that it does not include assisted-openers and one-hand openers. Governor Perry signed it into law on June 18 and the bill goes into effect September 1, 2009.

This was huge victory and the timing was critical, as it turns out. Texas put the exclamation point on the issue we raise about the current U.S. Customs proposal to ban the import of assisted-openers. Customs would declare assisted-openers to be switchblades. And their proposed new language defining switchblades is so broad, AKTI fears, that it would make all one-hand-openers illegal.

Once Customs declared a new class of knives to be switchblades, they would be regulated/ outlawed domestically by interstate commerce restrictions. More than 35 million owners of folding knives could be declared criminals. There is no state in the union that prohibits assisted-openers or considers them switchblades.

For more information about Texas and what AKTI is doing about the Customs threat to ban assisted-openers, go to ... http://www.akti.org. While you're there, sign up as a Grassroots Supporter. It's free and you will get email updates when the news is hot.

David D. Kowalski
AKTI Communications Coordinator









__________________________________________________________________

AKTI - The American Knife & Tool Institute represents the entire knife community
and all knife owners as we have since 1997.
We have successfully won every legislative effort so far.
AKTI continues its mission to "Keep Knives in American Lives"

[orvet]

UPDATE

July 10, 2009

I received the following e-mail this morning from Doug Ritter of Knife Rights.
I want to thank all of our members who joined KNIFE RIGHTS and AMERICAN KNIFE & TOOL INSTITUTE.
I also want to thank everyone who wrote letters to their Senators.
If you have not joined either of these organizations yet, it is not too late to do so.
Their information is listed below:

KnifeRights.org
http://www.kniferights.org/

American Knife & Tool Institute
http://www.akti.org/


This is this morning's e-mail from knife rights:

Knife Rights News Slice Vol. 2 Number 14


The amendment to the Federal Switchblade Act has passed in the Senate. After passage of the DHS Appropriations Bill, expected this evening, next stop will be Conference Committee.

View the amendment here: http://www.KnifeRights.org/SAmdt%201447.pdf

You deserve to give yourself a big pat on the back for this. It was your letters, faxes and emails that led to this success. This amendment will stop Customs' rulemaking and protect your pocket knives with a permanent solution.

Our thanks to Senators Cornyn, Pryor, Hatch, Vitter, Risch, Chambliss, Corker, Enzi, Barrasso, Graham, Roberts, Wyden and Crapo for co-sponsoring this amendment.

We only have one more hurdle, getting through the Conference Committee. Our legislative consultants are already working on that in cooperation with the other advocacy groups and the House members who have been supporting this effort from early on. We should know by early next week what, if anything, we need to do to help that process.

It is never a done deal in politics, until it is actually done. Having said that, we have shown ourselves to be a force to be reckoned with. Right now its time to celebrate our success so far, having overcome great odds to get to this point. We'll be in touch again once we settle on the most effective strategy for the next step.

Thank you again for all your efforts and for your contributions. If you haven't yet made a contribution or become a member of Knife Rights, please consider it now. This success did not come cheap, and we are still not yet done. We still need your financial support.

Knife Rights on Twitter

Follow Knife Rights on Twitter and receive the latest updates and notices as soon as they occur: http://twitter.com/KnifeRights

Join or Donate to Knife Rights

Your membership dues help support our efforts to protect your rights. Invest a modest sum in A Sharper Future™. Join at the Benefactor level to help us even more. JOIN NOW!

http://tinyurl.com/qnu988

[Steel Dragon]

AKTI UPDATE EMAILS.
#1
Dear Mike,


We've made progress on our efforts to assure your knives are not erroneously classified as switchblades by U.S. Customs. The American Knife & Tool Institute (AKTI) committed six weeks ago to hiring a specialized law firm and a nationally recognized advocacy group on behalf of the entire knife industry and all knife owners. A Senate amendment that is a long-term solution passed yesterday and is headed to the House. BUT, the price tag to get here has been very high. Everyone who benefits from this (that includes all makers and producers of folding knives of any sort) needs to help with the expenses.

If you haven't pledged, please think seriously about how much of your livelihood is from knife business or how much your job or life depends on knives.

Send your contribution to this effort TODAY. Mail checks to: AKTI, 22 Vista View Lane, Cody, WY 82414. You can call (307) 587-8296 with credit card information or pay by Paypal to akti@akti.org

If you already made a pledge, send your money today! If you've already contributed - Thank You!

The bills are coming in ... please act now.

Please forward this message to every knife owner, maker, retailer, rep, employee, distributor, or manufacturer you know. Thanks.

Jan Billeb, AKTI Executive Director
American Knife & Tool Institute
22 Vista View Ln
Cody, WY 82414-9606
(307) 587-8296 (phone/fax)
akti@akti.org
www.akti.org

>>>>><<<<<<
-------------------#2 EMAIL----------------------

Dear Mike,


Senators Cornyn, Pryor, Wyden, Crapo, Hatch, Vitter, Risch, Chambliss, Corker, Enzi, Barrasso, Graham, Merkley, Thune, Bennett, Collins, Inhofe, Ben Nelson, Tester and Roberts co-sponsored this substantive amendment late on July 8. AKTI thanks them.

The language mirrors the Texas switchblade amendment language signed into law June 18. It will be added to the Federal Switchblade Act at Section 1244 (Exceptions) as item (5). It reads ...
"(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist or arm to overcome the bias toward closure to assist in opening the knife. "

AKTI believes this will protect all importers and domestic producers of assisted-openers and folding knives from the very broad re-definition language proposed by Customs.

We now move back to the House to attempt to get matching language there. Stay tuned early next week for a new call to action in the House.

Finally, we must have your financial support to get this done. Our legal and advocacy costs in DC to get this far have been staggering.

David D. Kowalski
AKTI Communications Coordinator
715-209-7389 (cell)

Send checks to ... AKTI ...

Jan Billeb
22 Vista View Lane
Cody, WY 82414-9606

Please see Senator Cornyn's news release below...


Friday, July 10, 2009

Senate Votes Unanimously To Protect Pocketknives
Sens. Cornyn, Pryor, Hatch, Vitter and others team up to ensure assisted-opening pocketknives are exempt from government regulation

WASHINGTON-U.S. Sens. John Cornyn, R-Texas, Mark Pryor, D-Ark., and Orrin Hatch, R-Utah, released the following statement after the Senate unanimously passed their amendment to protect the use of pocketknives. U.S. Customs and Border Protection (CBP) had proposed amending and expanding the Switchblade Knife Act of 1958 to include spring-assisted or one-handed-opening knives. The Senators' amendment clarifies that assisted-opening pocketknives are exempt from regulation.

"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," said Sen. Cornyn. "While U.S. Customs and Border Protection 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."

"Customs and Border Patrol went overboard in trying to interpret an outdated statute regulating certain pocketknives. In Arkansas, firemen, construction workers, farmers, policemen, electricians, hunters and fishermen all took notice. A pocketknife for many people can serve as an entire toolbox, and the government really has no business taking that away from them," said Sen. Pryor. "I'm pleased to team up with Senators Cornyn and Hatch to prevent this proposed regulation from being implemented."

"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," Sen. Hatch said following the Senate's vote late Thursday. "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."

Background

This amendment is endorsed by American Knife and Tool Institute, Knife Rights, National Rifle Association, Gun Owners of America, Knifemakers' Guild.