Knife legality question

Just because a manufacturer attempts to limit it's distribution, does not automatically make something that an average taxpayer can't by law own. Likely it would be detirmined by law for that particular area.

Some states ban them, some allow them.

Under federal law they should not be shipped across state lines to you unless you are one of the exempted classes such as active duty military as he is.
The law is written based on the old interpretation of the commerce clause that existed at the time if I recall correctly and merely prohibits taking them across state lines, selling them across state lines, etc.
(Rather than the more recent Supreme Court interpretation that just by existing even if never part of commerce it effects interstate commerce and so is subject to federal jurisdiction through the commerce clause.)
Which is why in many states it is entirely legal to own, manufacture, and sell them within the state, but not to anyone outside the state. Which limits internet sellers to customers within their own state, and LEO and military outside of their state.

So if they are in the same state as you, and your state law allows it then I believe it is okay. However if this is an internet trade and they are out of state then it would not be okay.

US CODE TITLE 15 > CHAPTER 29 > § 1242 said:

§ 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty

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.

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Considering that you are in WA, and Microtech is in PA, it doesn't appear to be lawful.

Buy what you want.

http://www.bladehq.com/cat--Side-Opening-Automatics--40

bikemutt said:

Thank you all for the quick education, I will pass on this one.

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If the guy who is offering to do the swap is living in your state, I don't see why there'd be a problem, unless your state has its own law prohibiting you from owning it. Being military, it was legal for him to buy it. He didn't buy it for the purpose of re-selling it, he's not a dealer, it looks like he's just a guy trading his own private property. Even if he were dealing across state lines, I think any legal problems would be his, not yours, as long as you don't falsely represent yourself as LEO or military.

IANAL, but I don't see an issue for you.

I also don't see much chance that it could ever become an issue. It's not like anybody does background checks for knives or keeps a registry on knives or requires you to have proof of where you bought it. As long as there's no state prohibition on your ownership, why worry about it?

Washington law prohibits the possession of an automatic or spring operated knife. There is no exception for military personnel:

RCW 9.41.250
Dangerous weapons — Penalty — Exemption for law enforcement officers.

(1) Every person who:

(a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement;

(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or

(c) Uses any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law,

is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

(2) Subsection (1)(a) of this section does not apply to:

(a) The possession of a spring blade knife by a law enforcement officer while the officer:

(i) Is on official duty; or

(ii) Is transporting the knife to or from the place where the knife is stored when the officer is not on official duty; or

(b) The storage of a spring blade knife by a law enforcement officer.

Bikemutt,

I live in kirkland. Yes, that knife is illegal to own where you are unless you are military or police.

I have a benchmade auto knife that a buddy picked up for me. Most of the time, if you are ever pulled over and they search you and ask about the knife, just apologize, explain you had no idea and tell them to add that to their collection. lol. It has worked for my buddy a few times.

I have one of those knives. It's legal to own in Florida and legal to carry if you have a Concealed Carry Weapons permit. Each State is has its' own laws pertaining to auto knives

lyrikz said:

I live in kirkland. Yes, that knife is illegal to own where you are unless you are military or police.

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Did you read the statute I posted? RCW stands for Revised Code of Washington. Can you please show us in RCW RCW 9.41.250 quoted a couple of posts up where the exception for military members is?

I have to agree with NavyLCDR. The picture of the knife looks like a Stilleto type knife that I don't think is legal anywhere and it is sharpened on both sides of the blade which is also a no-no.

In Florida, they're legal. My first automatic (top left) was USAF issue. I got it in pilot training. It was a piece of junk. The only useful thing about it was the parachute line cutter. I broke the tip off the blade doing some roofing and re-ground it.

I carry a Boker auto (top right) as my normal pocket knife.

Though I agree with the idea of State's rights, and letting each state determine what is legal and not legal, I wish some states were more clear on what's legal with respect to auto knives. I've read my state's statute, and I'm still not clear.

And speaking of knife legality, what are the current effects of the Switchblade Act of 1958? (It was a national law.) Does it still have a legal effect on people carrying an auto knife today? Or was it only pertaining to the importation of automatic knives? Maybe it's not even in effect anymore, I don't know. Does anyone else know?

And speaking of knife legality, what are the current effects of the Switchblade Act of 1958? (It was a national law.) Does it still have a legal effect on people carrying an auto knife today?

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It is still in effect, but like I cited in my earlier post it was written and enforced based on the old limits to federal power, and so only limits interstate commerce of the knives, not ownership itself.
Unlike modern interpretations set forth by Raich where even if never part of interstate, intrastate, or any commerce, everything is still subject to the commerce clause.
The result is the legislation has wording which limits its scope to restricting trade across state lines.

It was also amended to insure it was not applied to the newer spring assisted opening knife designs in 2009, but it still applies to button activated typical switchblades.
The switchblade act never actually outlawed use or possession of the knives, or carry of them (that is all at the state level) only sales that required them to cross states lines.
However the effect of this is to create limited markets the size of only the state of the manufacture, so it greatly reduces the willingness to invest in and build such knives by large companies.
The result has been limited production of switchblades since the act went into place, and not the mass production you see of other typical pocket and folding knives besides some exceptions going to the military.

To "extend" this conversation, I have seen 100's of assorted spring operated knives at literally every gun show here in Arizona, including the one in the OP's link and all of those in Japles pic (except the USAF one). This includes many that are plainly stamped "Made in China" and "Made in Italy" that are openly displayed.

If the Federal prohibition on import and/or interstate commerce were enforced (Or enforceable), I would think there would be some action at the gun shows that are well populated by all levels of local, state, and federal LE people.

You do not want to trifle with the Washington law. There was a high-volume knife dealer (from a neighboring state where auto openers are legal) who got in seriously deep water by displaying autos on his tables at a Washington gunshow. I miss the guy; I always spent some time and/or money at his table before he disappeared from the scene.

In many ways, Washington is one of the premier self-defense states. This is not one of them.
JMO.

It's interesting that in Ohio, I can carry a loaded firearm but not an auto-knife. Ohio is a CHL state and not a CCW state.

RCW 9.41.250 definitely prohibits possession of spring blade knives. I used to live outside Seattle and while this law is generally unenforced, it's is still the law. Spring blade knives and butterfly knives are commonly available at gun shows in Washington. Brass knuckles (prohibited by the same statute) also occasionally appear for sale. Spring blade and butterfly knives are even available for sale in certain stores. None the less, the law seems crystal clear to me.

I currently live in Maine where we have a similar statute. MRS 17-A Chapter 47:

http://www.mainelegislature.org/legis/statutes/17-A/title17-Asec1055.html

Likewise, we have a similar situation where despite the prohibition, they are readily available for sale at gun shows and sporting goods stores. A law enforcement friend of mine says they regularly charge individuals with this crime but, in practice, only when some other offense has occurred. My recollection is that he said these are usually drug related crimes or assaults. I think in both instances the possession of the switchblade enhances the drug or assault charge -- or the other way around -- I don't know.

Interestingly, this summer our state legislature passed an exemption to this statute for individuals who only have one arm -- paragraph 3 in the above link. The individual who petitioned his legislator to introduce this bill rides horses. I believe he experienced a situation in the past where he fell off his horse and was dragged -- tangled in his stirrups. In order to cut himself loose, he had to use his teeth to open a regular folder. At least, that's the story. According to the newspaper articles from this summer, the law mirrors a similar federal law which allows the possession of certain switchblades by one armed individuals on federal properties.