Switchblade laws

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Someone check my math here please.

I live in a state that allows posession and carry of switchblades, but there’s still that pesky prohibition against interstate shipping except for very limited exemptions. I think I understand the rules but would like some verification. Am I correct in these two statements?

1. The interstate shipping prohibition only applies to the USPS and not contract carriers like UPS or FedEx?
2. Shipping is the illegal act, not ordering?
 
Am I correct in these two statements?

The buyer has no responsibility under 18 and 15 USC prohibitions on interstate commerce unless they are part of a joint effort to engage in business themselves (i.e. they're buying for resale). The seller/shipper has all the responsibility.

IOW, you want to buy a switchblade for yourself or as a gift, the federal law is not directed at you. The seller is where the law focuses.

You can even drive to Nashville or SMKW and buy one or two for yourself and take them home to KY.
 
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Someone check my math here please.

I live in a state that allows posession and carry of switchblades, but there’s still that pesky prohibition against interstate shipping except for very limited exemptions. I think I understand the rules but would like some verification. Am I correct in these two statements?

1. The interstate shipping prohibition only applies to the USPS and not contract carriers like UPS or FedEx?
2. Shipping is the illegal act, not ordering?

I have no issues at all ordering online and having knives shipped over state lines. Blade HQ, SMKW get my money all the time. I probably have somewhere around 6-8 switchblades from them since the laws changed in Ohio.
 
Federal law - https://kniferights.org/resources/federal-switchblade-act/

U.S. Code Title 15 Commerce and Trade
Chapter 29 – Manufacture, Transportation, or Distribution of Switchblade Knives
Commonly referred to as the “Federal Switchblade Act,” it was passed by Congress on August 12, 1958, enacted as Public Law 85-623, an “act to prohibit the introduction, or manufacture for introduction, into interstate commerce of switchblade knives, and for other purposes.”​
§ 1241. Definitions
As used in this chapter –​
(a) The term “interstate commerce” means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof.​
(b) The term “switchblade knife” means any knife having a blade which opens automatically –​
(1) by hand pressure applied to a button or other device in the handle of the knife, or​
(2) by operation of inertia, gravity, or both.​
This section sets out the meaning of terms that are used throughout the rest of the chapter. The first defined term, “interstate commerce,” is of crucial importance to understanding this entire set of laws because it greatly limits the scope of what these laws apply to. “Interstate commerce” means commerce (i.e. buying, selling and trading) between any of the 50 U.S. states, Washington, D.C., any of the U.S. Territories (e.g. Guam or American Samoa), and “any place outside thereof,” referring to all foreign countries. In other words, this means this term applies to selling, buying and trading between states, between a state and a territory, between a state or territory and a foreign country (i.e. importing). It does NOT refer to buying, selling or trading within a state.​
In regards to the term “switchblade knife,” the inclusion of the phrase “in the handle” in sub-section (1) is critical, because even if a knife has a spring-operated blade, if it has no device (button, etc.) that releases or activates it located “in the handle,” this definition does not apply (e.g. Assisted Opening Knives or Spring Assisted Knives – see also §1244(5) below)). The other definition (2) is meant to apply to gravity knives (which are rather obscure and rare) and butterfly knives (also commonly referred to as Bali-Song knives). Although referred to as the Federal Switchblade Act, the Federal definition of a switchblade also includes gravity knives and butterfly (Bali-Song) knives.
§ 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.​
This law only prohibits introducing, manufacturing, transporting or distributing switchblades if doing so is part of a business transaction and that transaction crosses over state or territory lines, or the knives are coming from a foreign country. The law has no effect on selling within the same state, no effect on carry and no effect on possession alone.​
This section has been interpreted to prohibit the use of imported parts for the manufacture of switchblade knives in the U.S. and a number of enforcement actions have been taken on this basis over the years.​
§ 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.​
This section has very limited applicability to most U.S. residents, but it indirectly generates a great deal of confusion with regards to the exceptions section (§ 1244). For people living in one of the 50 U.S. states (except on Native American reservations) or Washington D.C., this section has no effect. It prohibits the mere possession of a switchblade on Native American reservations, territories like Puerto Rico, Guam, Northern Marianas, U. S. Virgin Islands and American Samoa and certain maritime situations such as Navy vessels or government-owned aircraft.​
§ 1244. Exceptions
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;​
This section only applies to §1242. It exempts the U.S. Postal Service, UPS, FedEx or any other commercial delivery service from being guilty of violating the law while transporting switchblades over state lines. NOTE, however, that Title 18, Part 1, Crimes Chapter 83 (below) restricts shipping of switchblades via the U.S. Postal Service.​
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;​
This section makes it legal for switchblade manufacturers, distributors and retailers to sell to the military, but only if it’s done via an official, sanctioned contract. This is frequently misinterpreted as allowing any active duty member of the military to buy a switchblade from out of of state or from foreign countries, when in fact it does no such thing. It also does not apply to law enforcement officers or other first responders at all.​
Common practice in the industry, however, is at odds with this section. Manufacturers regularly sell to their dealers regardless of whether or not there is a contract with the military and they often sell directly to members of the military and law enforcement. Many retailers also sell across state lines. Manufacturers and retailers typically require only that the buyer (retailer or individual) certify they are will comply (retailer) or are in compliance with (individual) the Federal Switchblade Act. Arguably, the fact that this has been common practice for over 50 years without significant enforcement actions by the Federal government would invalidate this section to the degree that it has become common practice. However, this has never been litigated and, technically, these practices may not be legal.​
Some manufacturers take this a step further and restrict warranty or repair service to knives sent in via one of their dealers and/or require the individual sending in a knife to make representation or provide proof that they are a member of the military, law enforcement or a first responder, else it will not be returned or may only be returned via a dealer. Check carefully before sending in a knife for warranty or service​
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;​
Makes it legal for members of the military to distribute switchblades over state lines to other members of the military in accordance with normal equipment issuance (1242), as well as exempts members of the military who are in a non-state U.S. territory, Native American reservation or special maritime jurisdiction from the restriction on possession in those areas (§1243) so long as it is for official duty. Again, it does not give blanket permission for members of the military to acquire or carry switchblades, and has no effect on the laws of individual states.​
(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​
A frequently misunderstood exception, this only applies to §1243. It permits a civilian with a missing hand or arm to possess a switchblade if he or she is in a non-state U.S. territory, Native American reservation or special maritime jurisdiction. It does not effect anything in the main 50 states or D.C., nor does it override the laws of any state. A person with one arm living in a state with a ban on possession of switchblades is still restricted like everyone else in the state (unless on a Native American reservation).​
(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.​
This exception was added by Congress in 2009 after U.S. Customs and Border Protection reversed prior rulings that assisted opening (spring assisted) knives were not switchblades (pursuant to §1241). The ruling language not only changed the Federal government’s interpretation that assisted opening knives were not switchblades, it would have also included in the new interpretation any knife with a one-hand opening blade (which includes assisted opening knives). Essentially, Customs was revising the Federal Switchblade Act to include any one-hand opening knife. These knives represented, at the time, approximately 80% of the folding knives sold in the U.S. and also imported into the U.S.​
While the direct impact would have been to shut down importation of these knives, the potential indirect effect of this precedent-setting reinterpretation could have devastated the industry if courts and legislatures adopted this new interpretation that was at odds with §1241. In its first legislative activity, Knife Rights provided the key grassroots knife owner’s component of a coalition of groups that opposed U.S. Customs’ efforts to redefine a switchblade. The end result was that Congress passed this fifth exception to the Federal Switchblade Act to clarify the issue and protect one-hand opening and assisted-opening knives.​
§ 1245. Ballistic knives
This section proscribes ballistic knives in essentially the same manner as switchblade knives, but with severe penalties for anyone merely possessing one while committing a Federal crime of violence. Ballistic knives are rare and not commonly available as much due to their impracticality as for any legal prohibition.​
(a) Prohibition and penalties for possession, manufacture, sale, or importation
Whoever in or affecting interstate commerce, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), knowingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, or imprisoned not more than ten years, or both.​
(b) Prohibition and penalties for possession or use during commission of Federal crime of violence
Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or imprisoned not less than five years and not more than ten years, or both.​
(c) Exceptions
The exceptions provided in paragraphs (1), (2), and (3) of section 1244 of this title with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section.​
(d) “Ballistic knife” defined
As used in this section, the term “ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism.​
While not part of the Federal Switchblade Act, the following Federal law
restricts shipping of switchblade knives via the U.S. Postal Service
(applicable sections excerpted)
U.S. Code Title 18 – Crimes and Criminal Procedure
Part 1 Crimes
Chapter 83 – Postal Service​
§1716. Injurious articles as nonmailable​
For all practical matters, this section proscribes the use of the U.S. Postal Service to mail switchblade or ballistic knives by civilians or industry except when shipping to supply or procurement officers or supply or procurement employees of the military or Federal, state, county or local government acting in connection with the activities of such organizations or to a dealer selling to such persons for such purposes. Enforcement actions involving switchblades have often involved this section.​
Knife Rights strongly suggests that individuals use ONLY FedEx or UPS to ship switchblades (including butterfly and gravity knives) and ballistic knives. Do NOT use the U.S. Post Office.
(g) All knives having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service. Such knives may be conveyed in the mails, under such regulations as the Postal Service shall prescribe –​
(1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;​
(2) to supply or procurement officers of the National Guard, the Air National Guard, or militia of a State ordering, procuring, or purchasing such knives in connection with the activities of such organizations;​
(3) to supply or procurement officers or employees of any State, or any political subdivision of a State or Territory, ordering, procuring, or purchasing such knives in connection with the activities of such government; and​
(4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant to an order from any person designated in paragraphs (1), (2), and (3).​
The Postal Service may require, as a condition of conveying any such knife in the mails, that any person proposing to mail such knife explain in writing to the satisfaction of the Postal Service that the mailing of such knife will not be in violation of this section.​
(h) Any advertising, promotional, or sales matter which solicits or induces the mailing of anything declared nonmailable by this section is likewise nonmailable unless such matter contains wrapping or packaging instructions which are in accord with regulations promulgated by the Postal Service.​
(i) (1) Any ballistic knife shall be subject to the same restrictions and penalties provided under subsection (g) for knives described in the first sentence of that subsection.​
(2) As used in this subsection, the term “ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism.​
(k) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.​

Possession and carry of switchblades is legal, but regulated, in various states.

https://kniferights.org/resources/legal-blade/

18 states + permit carry of switchblade. Many do, but some don't permit concealed carry so know what your state regulations are.

26+ states permit possession of switchblades. IOW, you can collect and show them, just not carry them unless you also live in a state that permits carry. Know what your state regulations are.

There are several switchblade law sites, but these are my favorites -

https://kniferights.org/resources/legal-blade/
http://pweb.netcom.com/~brlevine/sta-law.htm


Assisted openers and one hand openers are not switchblades.

We hope this helps reduce some of the oft repeated myths and misinformation about switchblades.
I inherited some my late father-in-law had. He had a hardware store and stopped selling them. He believed it was ok to own, but not sell in IL.
 
I have no issues at all ordering online and having knives shipped over state lines. Blade HQ, SMKW get my money all the time. I probably have somewhere around 6-8 switchblades from them since the laws changed in Ohio.
Yes. The interstate shipping prohibition is widely ignored. I suspect that, for the ordinary consumer, it would only be enforced if the prosecuting authorities wanted to put pressure on said consumer for some other reason.

For those who are interested, here is the relevant KY law, courtesy of the American Knife and Tool Institute:

"Kentucky law, KRS 500.080, defines deadly weapon, as applicable to knives as “any knife other than an ordinary pocket knife or hunting knife.” Accordingly, in Kentucky, a person age 21 or in possession of a concealed weapon license may carry any knife."

https://www.akti.org/state-knife-laws/kentucky/

This is, in fact, why I got my concealed carry permit soon after we moved back to KY. I have always wanted to own a switchblade knife. Mine is a ProTech Godfather, and it's a beauty.

I don't carry it. It's a safe queen. If I felt a need to carry one, I'd get a Benchmade Infidel OTF.
 
Someone check my math here please.

I live in a state that allows posession and carry of switchblades, but there’s still that pesky prohibition against interstate shipping except for very limited exemptions. I think I understand the rules but would like some verification. Am I correct in these two statements?

1. The interstate shipping prohibition only applies to the USPS and not contract carriers like UPS or FedEx?
2. Shipping is the illegal act, not ordering?
The Federal law applies to the seller, not the buyer.
 
FL has a CWP that is no longer required, but the resiprosity does not apply without the actual permit. So called "universal carry", reads exactly, word for word, as the CWP law reads in FL. CWP means Concealed Weapons Permit. Importance is the (s) and by verbiage includes switchblades, blackjacks and handguns of any number. Knife shows and gun shows usually have dealers with. The reciprocity laws mostly do not apply to switch blades or blackjacks if you cross state lines with. A non resident can still get a CWP.
But you may not carry open.
 
FL has a CWP that is no longer required, but the resiprosity does not apply without the actual permit. So called "universal carry", reads exactly, word for word, as the CWP law reads in FL. CWP means Concealed Weapons Permit. Importance is the (s) and by verbiage includes switchblades, blackjacks and handguns of any number. Knife shows and gun shows usually have dealers with. The reciprocity laws mostly do not apply to switch blades or blackjacks if you cross state lines with. A non resident can still get a CWP.
But you may not carry open.
Switchblades are normal pocket knives under FL law and not restricted.

Carry permits generally only have handgun reciprocity unless both states have matching weapon carry laws. There is no assurance that reciprocity extends beyond firearms in CWP states unless you verify the state being visited covers non firearm weapons in their CWP AND nonfirearms are covered in your host state carry permit. As in all cases for carry permits, you are obligated to verify all aspects of carry covered in the state(s) you visit match your host state.
 
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