Monday - June 08, 2009

As the UK goes, so shall the US follow

Gun Rights? How about Knife Rights?

U.S. Customs & Border Protection (CBP) 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 of a switchblade would also include one-handed opening knives and could be easily interpreted to cover most other pocket knives, even simple old-fashioned slip-joints.

Note that CBP’s interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. This ruling by CBP is NOT limited to just imports. This WILL affect virtually everyone who carries a pocket knife, no matter the type!

Download the 63 page CPB document and read it for yourself.

Knife Rights has sent a letter to CBP requesting an extension to the ridiculously short 30-day comment period. We need your help to make an impression on CBP. They figured that they could slip this by everyone with little notice. We need to let CBP know that they are not going to get away with it; that we noticed and we are not happy and that we will not stand by while they take away our pocket knives.

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
PROPOSED REVOCATION OF RULING LETTERS AND
REVOCATION OF TREATMENT RELATING TO THE
ADMISSIBILTY OF CERTAIN KNIVES WITH
SPRING-ASSISTED OPENING MECHANISMS

AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: Notice of proposed revocation of four ruling letters and revocation of treatment relating to the admissibility of certain knives with spring-assisted opening mechanisms.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.§1625(c)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103–182,107 Stat. 2057), this notice advises interested parties that U.S. Customs and Border Protection (CBP) intends to revoke four ruling letters relating to the admissibility, pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241–1245 (and the CBP Regulations promulgated pursuant thereto set forth in 19CFR §§ 12.95–12.103) of certain knives with spring-assisted opening mechanisms. Similarly, CBP proposes to revoke any treatment previously accorded by it to substantially identical transactions. Comments are invited on the correctness of the intended actions.

DATE: Comments must be received on or before June 21, 2009.

ADDRESS: Written comments are to be addressed to
U.S. Customs and Border Protection, Office of International Trade, Regulations and Rulings,
Attention: Intellectual Property and Restricted Merchandise Branch,
Mint Annex, 799 9th Street, N.W., Washington, D.C. 20229.

So what we have here, is the Customs Department (called “CBP” these days: Customs & Border Patrol) figuring out that modern technology has done a total work-around on the old Switchblade Knife Act of 1967. So it looks like they’ve decided that any knife that can be opened quickly with one hand, because it has a thumb stud on the blade or a grip hole (aka Spyderco) on the blade, are now switchblades ... and can no longer be imported?? What about the ones made here? Is this some kind of trade restriction?

Um, excuse me? Fuck off, please. What part of “shall not be infringed” don’t you fascists understand? I should be able to own, and carry, any kind of knife I want, whether it’s “weponized” or “utilitarian” in shape. And the size thing I don’t like either. If I want a 8” knife in my pocket, that’s my business, not the government’s. The Switchblade Act has to go, not be extended.

The government document goes on forever and ever, and most of it is highly repetitive, as it’s a compilation of any number of rulings on various brands of knives. Finally down at the end they put it all together and come to their conclusion. My reading of it: any knife you can easily and quickly open with one hand will be considered an “inertial” opening knife, and therefore a switchblade. Total crap.

You ain’t laying your hands on my first year black Almite C22PSBK Michael Walker Spyderco. [ IMO, the only pretty Spyderco knife ever made ] From my cold, dead, pockets.

Posted by Drew458     on 06/08/2009 at 08:48 PM   
Filed Under: • Guns and Gun Control •  
• Comments (5) • Trackbacks(0)  Permalink •  

DISCLAIMER

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND THE HOSTS OF THIS SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS.

Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:

1. Keep a firm grasp of Right and Wrong
2. Stay involved with government on every level and don't let those bastards get away with a thing
3. Use every legal means to defend yourself in the event of real internal trouble, and, most importantly:
4. Keep talking to each other, whether here or elsewhere

It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

THE INFORMATION AND OTHER CONTENTS OF THIS WEBSITE ARE DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES OF AMERICA. THIS WEBSITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND ALL PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AMERICAN COURTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPLICABLE IN ANY OTHER COUNTRY, THEN THIS WEBSITE IS NOT INTENDED TO BE ACCESSED BY PERSONS FROM THAT COUNTRY AND ANY PERSONS WHO ARE SUBJECT TO SUCH LAWS SHALL NOT BE ENTITLED TO USE OUR SERVICES UNLESS THEY CAN SATISFY US THAT SUCH USE WOULD BE LAWFUL.

Copyright © 2004-2015 Domain Owner