Monday, June 15, 2009

New from American Knife and Tool Institute........

Check out their web site for more info WWW.AKTI.ORG but here's the basic info.



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). A thumb 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

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