--- Begin Message ---
From: James Nowka
To: Users
Date: Tue Jun 09 2009 07:22.08
Subject: WRITE Congress and Customs NOW! The U.S. Government Is Trying To
Take Away Your Pocket Knives!
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!
Knife Rights is geared up to help win this fight, but we cannot do it
without your help, your emails, your letters. The fight can only be won if
we raise enough hell that they are convinced they will not get away with
this. YOU are the most effective arrow in our quiver, the most powerful
cartridge in our gun.
Read on for the whole story and how you can make a difference and save your
Knife Rights.
Knife Rights was formed three years ago because we knew it was only a matter
of time before there would be a major attempt to take away our knives, as
has occurred in England, Europe and elsewhere. Up until now, the battles
have been fought at state and local legislative levels, such as the recent
scare in Hawaii: <
http://www.kniferights.org/index.php?option=com_content&task=view&id=72&Itemid=29
>. It has been a battle of a million little cuts. Little did we guess that
the first major battle at a national level wouldn't come head on, but with
government bureaucrats trying to sneak it by everyone, avoiding a more
conventional legislative battle, which they'd likely lose.
U.S. Customs & Border Protection (CBP) just a bit over two weeks ago 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 would 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
(per AKTI industry sources). 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. Obviously, they'd just as soon not hear from us.
We're intending to disappoint them in that.
CBP's proposal which 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 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.
For CBP to ignore this overwhelming existing body of law is inexcusably
arrogant and borders on a reckless abuse of their power. For them to
suddenly do an about face is akin to moving the goalposts after starting the
game, and then completely changing the rules of the game besides, making
every play ever devised illegal.
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. They don't need a
bailout; they just need to be left alone to prosper.
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. 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.
We are in for the fight of our lives to save our Pocket Knives and our
essential Knife Rights. We can only win if you do your part. You have to
write!
Our first step is to convince CBP that we deserve more time to respond.
Knife Rights has sent a letter to CBP requesting an extension to the
ridiculously short 30-day comment period:
http://www.kniferights.org/CBP-extention_request_FINAL.pdf
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 30 day deadline is fast approaching and
these letters must go via postal mail (or Fedex/UPS). 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=79&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
We have prepared a Communicating with Congress page that includes tips to
maximize the effect of your letters. This page was developed after
consultation with experts who understand exactly how to get your message
across to Members of Congress. We have also included easy links to find your
Representatives, if you don't know who they are or the best way to reach
them. How much of an impact your communication has can be significantly
impacted by how and what you write. Our aim is to help maximize your impact
so your Members of Congress actually listen and do something. PLEASE, click
the link below and take a few minutes to review our Communicating with
Congress page BEFORE you act.
http://www.kniferights.org/index.php?option=com_content&task=view&id=77&Itemid=29
or
http://tinyurl.com/opbyt2
Help us stop this ill-conceived effort by CBP before it puts thousands of
more Americans out of work and destroys one of America's 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=79&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
Join Knife Rights and help support the fight to keep your Knife Rights!
http://www.kniferights.org/index.php?option=com_acctexp&task=register
or
http://tinyurl.com/qnu988
DO IT NOW! DO IT TODAY! DON'T WAIT!
Thank you very much for your support!
Doug Ritter
[email protected]
Have you signed up? Go to: www.KnifeRights.org
Protecting your right to own and carry knives and tools
----- Original Message -----
From: "dick thompson" <[email protected]>
To: <[email protected]>
Sent: Wednesday, June 10, 2009 6:35 PM
Subject: Re: WRITE Congress and Customs NOW!
> QUE?? What should I be writing Congress and Customs about?
>
> Knifeforums wrote:
--- End Message ---
