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Last Updated: Aug 28, 2009 - 10:45:21 AM |
The Second Amendment Foundation and the
Citizens Committee for the Right to Keep and Bear Arms have joined with Knife
Rights to help fight this unwarranted knife grab by Customs. Alan Gottlieb
CCRKBA Chairman noted, "we stand with Knife Rights in their support of
Americans' right to own and carry the knives of their choice."
And, just
a reminder, the Second Amendment doesn't say "Firearms," it says "Arms," and
knives are clearly covered.
The U.S. Government is after your Pocket
Knives! In a sneak attack, U.S. Customs has proposed revoking earlier rulings
that assisted opening knives are not switchblades. The proposal would not only
outlaw assisted opening knives, its overly broad new definition of a switchblade
would also include all one-handed opening knives and most other pocket
knives!
U.S. Customs & Border Protection (CBP) on May 21st proposed
revoking earlier rulings that assisted opening knives are not switchblades. The
proposed new rule would not only outlaw assisted opening knives, its new broad
definition of a switchblade could also include one-handed opening knives and
could be easily interpreted to cover most other pocket knives, even simple
old-fashioned slip-joints.
At this point, one-hand opening and assisted
opening knives are 80% of U.S. knife sales. For most knife companies, they
represent all or the majority of their product lines. These are the knives
Americans take with them to work and to play everyday.
Note, please,
that CBP's interpretation of the Federal Switchblade Act forms the basis for
national, state and even local law and judicial rulings in many cases. This
ruling by CBP is NOT limited to just imports. This WILL affect virtually
everyone who carries a pocket knife, no matter the type!
CBP came up
with this absurd proposal and then tried slipping it into their regular notices,
apparently hoping nobody would become aware of until too late. They provided for
only the minimum 30-day comment period, and there's no email comments allowed.
Just yesterday CBP rejected numerous requests for an extension to the unduly
short comment period. Obviously, they'd just as soon not hear from us. We're
intending to disappoint them in that.
CBP's proposal would have effects
far beyond that suggested in the title of the proposal, "Proposed Revocation Of
Ruling Letters And Revocation Of Treatment Relating To The Admissibilty [sic] Of
Certain Knives With Spring-Assisted Opening Mechanisms," which would be bad
enough even if it only did that. However, this proposal would likely make it
illegal for the estimated 40 million law-abiding Americans who own and carry
pocket knives to do so. It would also cost this country dearly in destroyed
businesses, lost jobs and ruined families.
Thousands of jobs and
billions of dollars would be lost. CBP clearly appears to not have considered
the consequences of this unnecessary, inappropriate and even illegitimate
action. Since CBP is not required to consider the effects of their actions, only
Congress or the courts can rein them in. If left to the courts, the industry and
our rights will be devastated and America will lose much, regardless of who wins
the legal fight.
The definition of what is a switchblade has been clear
and settled for the most part since the Federal Switchblade Act was passed in
1958 and has been reaffirmed by many years of legal decisions. The Act is very
clear that a switchblade must have an activating button on the handle. Without a
button, it is not a switchblade and this has been upheld by numerous cases on
many levels over the years. CBP's convoluted reasoning in their proposal to
reach back beyond the law and to expand their regulatory purview by
rationalizing "intent" as justification for this new interpretation is a
stretch, at best, and illegitimate at worst. It simply doesn't meet the common
sense test.
CBP's reaching beyond the clear language of the Act in
making this proposal is particularly questionable and irreconcilable because it
flies in the face of virtually unanimous recent state court rulings (including
several cases in California, Texas, Illinois and Michigan) where the issue of
assisted-opening knives has already been decided in favor of the existing clear
interpretation, that they are not a switchblade. They cherry-picked a few
bizarre and untypical rulings from New York state from some years ago to provide
support for their proposal, ignoring the many more recent rulings.
Beyond that, their significantly expanded interpretation of gravity and
inertia knives, also included in the Act, would clearly make one-hand opening
pocket knives illegal and according to industry sources, 80% of pocket knives
sold today are one-hand or assisted openers. Beyond even that clearly
excessively broad seizure of authority, we know from past unfortunate experience
in many cases over the years that this sort of misinterpretation leads to
potential abuse by law enforcement where even the most simple and innocuous Boy
Scout folding pocket knife can be opened one-handed by use of dangerous and
unsafe tricks, so that these too would be covered under this expanded federal
definition. This ruling would therefore make almost all pocket knives subject to
being considered switchblades.
The impact of this CBP ruling would go far
beyond just imported knives because this "agency determination" will be used by
domestic courts and law enforcement to determine what is a "switchblade" under
both federal and state laws. Many states do not themselves define switchblades
and simply rely on the federal definition and interpretation, which is only
found in rulings by CBP. Since interstate commerce in switchblades is
prohibited, except under very limited conditions, simply driving across a state
line with a pocket knife in their possession would make someone a federal felon.
Knifemaking in the U.S. has enjoyed a renaissance in the past decade or
two as the genius and innovation of American knifemakers, designers and
manufacturers has created a booming and vital American industry with thousands
of exciting new knife designs that improve the function, utility and safety of
the lowly pocket knife, one of man's oldest and most useful tools. Millions of
Americans have responded to this innovation, creating a vibrant industry. For
the most part these are family owned businesses that are American success
stories, the core of America's economic strength. This proposal by CBP would
destroy all that for no good reason. That's a heck of a stimulus
package.
The knife industry tells us they employ nearly 24,000 Americans
and have a nearly 6 billion dollar annual impact on our nation's economy. Those
are very conservative numbers. If this proposed ruling is allowed to stand,
thousands of jobs will be lost at the direct cost of billions of dollars. That
doesn't even begin to cover the enormous cost to the country of those that would
become unemployed, the ruined businesses, foreclosed homes, years of litigation
by both industry against CBP and who knows how many criminal trials and appeals
as law-abiding Americans fight this abusive attempt to take away their knives,
as well as many other devastating unforeseen effects of this ill-considered
proposal. Thousands of American citizens lives would be ruined. Millions of
Americans would be impacted. The cost would be tragically huge, more so because
it is neither necessary, nor desired by the vast majority of
Americans.
Knife Rights www.KnifeRights.org is the organization
that is heading the grassroots effort to stop Customs' pocket knife grab. We are
supporting their efforts to safeguard our rights. As they point out, the Second
Amendment doesn't say "Firearms," it says "Arms." Clearly the founding fathers
expected that knives would be included.
Knife Rights has provided Model
Letters to make it easy for you to make your feelings known. We are in for the
fight of our lives to save our Pocket Knives. We can only win if you do your
part. You have to write!
We need your help to make an impression on CBP.
They figured that they could slip this by everyone with little notice. We need
to let CBP know that they are not going to get away with it; that we noticed and
we are not happy and that we will not stand by while they take away our pocket
knives.
We need you to write CBP NOW! Their June 21, 2009, deadline is
fast approaching and these letters must go via postal mail (or Fedex/UPS) and be
RECEIVED (not postmarked) by that date. Click below for a Model Letter you can
send to CBP. You MUST write TODAY!
http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29
or
http://tinyurl.com/q7w8tm
However,
the reality is that CBP isn't required to listen to our demands, but they do
have to answer to Congress. After you send a letter to CBP, giving them notice
they are not going to sneak this by us, the next step is to inundate Congress
with emails and letters.
If you want to be free to carry your pocket
knives in the future, you need to write your Senators and Representative TODAY!
Click below for a Model Letter you can send to Members of Congress. Only your
efforts will stop this and save our Knife Rights!
http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29
or
http://tinyurl.com/qqvmns
Help us
stop this ill-conceived effort by Customs before it puts thousands of more
Americans out of work and destroys one of Americas oldest industries, causing
great harm to our nation and many American families. Help us stop these
faceless, heartless bureaucrats from destroying our essential American freedoms.
This nation has many more important issues that need our attention and energy in
this time of crisis.
NOW IS THE TIME WE MUST DO
BATTLE! WE HAVE NO TIME TO WASTE.!
GET ON
YOUR COMPUTERS AND SEND THESE LETTERS and EMAILS.!
Write
Customs & Border Patrol NOW!
http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29
or
http://tinyurl.com/q7w8tm
Write
your Senators and Representative TODAY!
http://www.kniferights.org/index.php?option=com_content&task=view&id=78&Itemid=29
or
http://tinyurl.com/qqvmns
© Copyright 2009 by DOWN RANGE TV
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