Federal Switchblade Act question

[Citizen 5]

So, I've hunted around das interwebs for the last week or two, but can't seem to get a clear, well-documented answer to this question:

Does the Federal Switchblade Act apply to the seller, to the buyer, or to both in an interstate transaction? (For example, ordering online.)

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

The overwhelming majority of answers I ran across online said that the law only applies to the seller, but that as the buyer, you're not in violation of the law. But a lot of those answers were from places like Yahoo Answers... not exactly the place I would trust for solid legal advice.

It would appear that many of the big online knife retailers have no problem ignoring the Switchblade Act and will send you whatever you want. If someone here were to order one from Utah, we wouldn't be manufacturing for introduction, transporting, or distributing in/into interstate commerce, but would we be introducing by initiating the sales transaction? Or is it all on the head of the seller, as he is doing the introducing by sending it across state lines?

There is nothing in the law against "buying," "ordering," "receiving," or "possessing," so are you in the clear as the recipient even though the seller is violating the (stupid, stupid) law?

If I am not going to be violating any laws myself by ordering an auto, I think BladeHQ might just need some of my money. Otherwise, I might just need to content myself with a stupid kit for now...

 

[kawtech87]

I would say just by seeing all the autos that popped up on here exactly at mid-night on July first. That even when they were illegal here in IN most people still ignored the law. Or maybe FedEx was running behind that day and everyone received their knives one minute after midnight IDK.

If you don't feel comfortable ordering online then the next 1500 is coming up soon. Maybe you could pick one up there?

 

[Fargo]

Don't forget the exceptions, particularly #1 found in 15 U.S.C. § 1244.

Best,

Joe

 

[Citizen 5]

Don't forget the exceptions, particularly #1 found in 15 U.S.C. § 1244.

(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;

To me, it would seem to me that that exception simply keeps UPS/FedEx/etc. from being prosecuted for transporting a package containing a switchblade across state lines. I don't think that I would be considered a carrier of any sort.

As to the other exceptions, #2 & #3 don't apply to me as I am not in the Armed Forces. #4, well, I haven't lost any arms yet... And #5 just says that assisted-opening knives aren't switchblades. So, unfortunately, the exceptions section doesn't really benefit me specifically.

 

[Kirk Freeman]

What is going on now? Are we standing the statute on its head as I have told INGO to do?

Whatever could have Congress been afraid of when they wrote these statutes?

 

[HoughMade]

When you're a Jet, you're a Jet all your life....

 

[CarmelHP]

When you're a Jet, you're a Jet all your life....

♪ I want to be an American, I want to live in America...♫

 

[ViperJock]

"I think I will go back to San Juan."

 

[Kirk Freeman]

Everything free is America, including the switchblades.

West Side Story-America - YouTube

 

[Citizen 5]

Ok, now I'm lost...

 

[Citizen 5]

Sooo... Any info as to whom (seller vs buyer) this law applies?

 

[parsimonious]

What is going on now? Are we standing the statute on its head as I have told INGO to do?

Whatever could have Congress been afraid of when they wrote these statutes?

I love that INGO's resident legal advice expert is the one who diverted this discussion from the intended topic.

 

[Kirk Freeman]

Ok, now I'm lost

Remember when we covered this before and I said to read the law on its head. The law was not written to apply inside the United States of America but rather its territories.

 

[Kirk Freeman]

Look at §1243: see how it applies to territories and possessions (and special maritime areas)? You live in Indiana, not Puerto Rico and even if you can dance and wear product in your dark hair, the statute does not apply to you.

Look at §1242: applies to the kicking team (the makers, distributors) not the receiving team.

 

[The Bubba Effect]

Noone wants an fella with a social disease.

 

[Bunnykid68]

Look at §1243: see how it applies to territories and possessions (and special maritime areas)? You live in Indiana, not Puerto Rico and even if you can dance and wear product in your dark hair, the statute does not apply to you.

Look at §1242: applies to the kicking team (the makers, distributors) not the receiving team.

That doesn't help a lot of people understand the law now does it though.

 

[BehindBlueI's]

I'm just gonna leave this here for the younger viewers who may be unfamiliar with the vast amount of fogey references in this thread.

Conan's Museum Of Old Pop Culture References (VIDEO)

 

[Citizen 5]

Look at §1243: see how it applies to territories and possessions (and special maritime areas)? You live in Indiana, not Puerto Rico and even if you can dance and wear product in your dark hair, the statute does not apply to you.

Indeed, §1243 deals with possestion (etc.), but as far as the posession end of things go, I'm not worried about that. The feds have no say on what you can have here in Indiana. (If only they would apply the same logic to NFA items!) Correct me if I'm wrong, but territories, Indian lands, etc. are supposedly under the direct control of the federal government, so they think that gives them the right to ban any and all having, making, or selling of autos in said places. But, yes, I definitely agree that §1243 has no application to my situation (unless I go traveling, in which case I wouldn't be bringing any autos/balis/rabid wolverines anyway).

Look at §1242: applies to the kicking team (the makers, distributors) not the receiving team.

Yes! This is the specific part that I was curious about, since it deals with interstate commerce within the 50 states (which IS where I am). So I (as the buyer) can't be viewed as having "knowingly introduce[d] [a switchblade]... into interstate commerce" by purchasing one from an out-of-state seller? The seller is considered the sole "introducer?"

Thanks for your input!

 

[Kirk Freeman]

That doesn't help a lot of people understand the law now does it though.

Yes it does. It answers his questions that he posted in the original post.

 

[Enkrypter]

I noticed the exemption for militias...

Does that mean, under the 1903 militia act, that since I am an able bodied man, I am a member of the militia, and that I can be exempt form this horrid federal law? IMHO selective service is the militia. I signed up the day i turned 18.