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. 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. Many retailers also sell across state lines. 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. It also does not apply to law enforcement officers or other first responders at all.Ĭommon practice in the industry, however, is at odds with this section. 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. 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. 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. Manufacture, sale, or possession within specific jurisdictions penalty and a number of enforcement actions have been taken on this basis over the years. This section has been interpreted to prohibit the use of imported parts for the manufacture of switchblade knives in the U.S. The law has no effect on selling within the same state, no effect on carry and no effect on possession alone except where it is expressly prohibited (§ 1243). 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. 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. Introduction, manufacture for introduction, transportation or distribution in interstate commerce penalty Although referred to as the Federal Switchblade Act, the Federal definition of a switchblade also includes gravity knives and butterfly (Bali-Song) knives. 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). Assisted Opening Knives or Spring Assisted Knives – see also §1244(5) below)). 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. It does NOT refer to buying, selling or trading within a state. 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. Guam or American Samoa), and “any place outside thereof,” referring to all foreign countries. states, Washington, D.C., any of the U.S. buying, selling and trading) between any of the 50 U.S.
“Interstate commerce” means commerce (i.e. 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.
This section sets out the meaning of terms that are used throughout the rest of the chapter.
0 kommentar(er)
