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Switchblades?

This is a discussion on Switchblades? within the Knives forums, part of the Firearm Forum category; Switchblades are legal to sell and possess in some states. They are legal to sell in others but not to carry. In some cases the ...


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Old August 9th, 2016, 02:08 PM   #46
 
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Switchblades are legal to sell and possess in some states. They are legal to sell in others but not to carry. In some cases the Feds think it is illegal to ship them through the mail. I know that LEOs can and do use them in many states both as backup weapons and as emergency tools.



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Old August 11th, 2016, 08:30 AM   #47
 
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Yeah, it very much depends on where you live. Most states have some sort of restriction, but you can buy them online simply because the onus is on the buyer to comply with his/her state laws on the issue, despite the fact that it is technically illegal to sell auto knives across state lines. Should someone find out the buyer would be the one to suffer the penalties. More and more states are realizing that banning a knife based on a 1950's era false presumption that gang members only use switchblades is silly and allowing them to be carried etc.
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Old August 11th, 2016, 12:59 PM   #48
 
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There is a lot on misinformation in this thread, among various more informative posts. To clear things up


1. Switchblade is synonymous with automatic

2. Federal law prohibits the interstate transfer of switchblades, except certain cases (e.g. it exempts those with one hand with shorter knives)

15 US Code § 1242

Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

And

Sections 1242 and 1243 of this title shall not apply to—
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(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.


3. Various states have their own laws. In my former state of California the law allowed the continued possession and ownership of switchblades in general. But some switchblades were allowed to be sold and carried, and others were not. Namely, any switchblade knife shorter than 2" was legal under state law to sell or carry (local ordinance may be different)

In my current state of Kentucky you can freely buy automatic knifes, but carrying them concealed requires a CCW

4. Spring assist is any that fits that bolded (5) above. Those are legal in most jurisdictions. Even California amended their law to explicitly allow for spring assisted knives, only a few years ago. I used to carry a SOG Trident in California, no issue.
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Old August 12th, 2016, 04:35 AM   #49
 
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Quote:
Originally Posted by JoshuaS View Post
There is a lot on misinformation in this thread, among various more informative posts. To clear things up


1. Switchblade is synonymous with automatic

2. Federal law prohibits the interstate transfer of switchblades, except certain cases (e.g. it exempts those with one hand with shorter knives)

15 US Code § 1242

Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

And

Sections 1242 and 1243 of this title shall not apply to—
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(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.


3. Various states have their own laws. In my former state of California the law allowed the continued possession and ownership of switchblades in general. But some switchblades were allowed to be sold and carried, and others were not. Namely, any switchblade knife shorter than 2" was legal under state law to sell or carry (local ordinance may be different)

In my current state of Kentucky you can freely buy automatic knifes, but carrying them concealed requires a CCW

4. Spring assist is any that fits that bolded (5) above. Those are legal in most jurisdictions. Even California amended their law to explicitly allow for spring assisted knives, only a few years ago. I used to carry a SOG Trident in California, no issue.
You're absolutely right, but the original question was dealing with why I can go onto a knife website (presuming I'm in a state that bans switchblades) and buy an auto knife and have it delivered to my door despite federal law restricting interstate transport of them? It's kind of like the recreational marijuana thing now, the feds technically have banned it, but I think they defer to states because they recognize there is basically no way to regulate it at this point. Similarly, states can regulate those online sales, so basically there's a clause when you buy an auto knife online that the seller takes no responsibility for any legal ramifications for this purchase.
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