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The United States Customs and Border Patrol - Knife Grab

I had written earlier about my two most recent experiences crossing from Canada into the United States here, here and here. In the first of the above links, I wrote this:

Holy Crap - now I know why they asked that question
A few days ago, I posted about my second time through US Customs and the experiences of the journey. (the first trip was posted here)

The thing that stood out (besides the having to wait for so long and the search of the truck without my being asked or being told) was the questions about sharp objects or weapons. I replied that I was carrying a pocket knife but nothing else.

This post at Irons in the Fire explains why the question.

Here is a little more on this quiet little power grab and why you should do something about it. The United States Customs and Border Patrol are seeking to reclassify any knife that can be opened with one hand as a 'switchblade' and therefore making it an illegal weapon. I am all about border security but this is getting downright picayune and stupid. Every single folding knife that Jen and I own are assisted opening -- it makes sense to be able to open a pocket knife with one hand. We have a few knives kicking around that are the old-school two-handed open but these do not get used for the basic reason that they are inconvenient and impractical to use. Here is a picture of what I carry daily - a Benchmade 942 in 154CM stainless steel:

(the photo is of the Benchmade 940, not the 942
blade shape (reverse Tanto) and handle are identical)
(image is copyright Benchmade 2008) This is not a switchblade. This is a personal tool used daily. I used it less than 30 minutes ago to break down some shipping cartons and it gets used probably 10 to 20 times every day. This is not a weapon, it is not dangerous, it is a personal tool. It is Mine! What makes this even more galling is that there is only a 30-day period for Citizen Comments. What's more, the comments have to be sent in the form of a letter through the postal system, they do not have any provision for email or voicemail comments. Here is the information you need -- please act: Here is Knife Rights -- Essential Tools - Essential Rights

Model Letter to Customs and Border Protection
Below is a Model Letter to U.S. Customs & Border Protection (CBP). VERY IMPORTANT: You'll note there is no email listed. CBP has made it perfectly clear they are NOT ACCEPTING EMAIL COMMENTS. Clearly they are trying to discourage comments by making this more difficult than it needs to be. You MUST MAIL THIS LETTER. The letter must be RECEIVED by CBP NO LATER THAN JUNE 21st. Please mail your letter as soon as possible.

And here is an excellent editorial from Blade Magazine's Ben Sobieck:

U.S. Customs Seeks to Prohibit Assisted Opening Knives
Assisted opening knives could be reclassified as illegal switchblades if a measure proposed by United States Customs and Border Protection (Customs) becomes law.

On May 21, Customs proposed a revision of what constitutes a switchblade (click here to read the proposal). This new interpretation would deem assisted opening knives, as well as those featuring one-hand operation, illegal per the U.S. Switchblade Act of 1958.

Specifically, Customs seeks "revocation of four ruling letters and revocation of treatment relating to the admissibility of certain knives with spring-assisted opening mechanisms." Those four ruling letters do not classify assisted openers as switchblades.

The current federal definition of a switchblade is any knife that opens automatically using gravity, inertia or hand pressure to a button or device on the handle. Assisted openers and one-hand operation knives rely on studs, grooves or other devices attached to the blade to open. These blades must be manipulated by hand to open.

If enacted, the Customs proposal would effect the 35.6 million people who own one-hand operation knives, according to the American Knife & Tool Institute (AKTI). Furthermore, Knife Rights indicates roughly 80 percent of all knives sold in the United States use one-hand operation. The knife industry as a whole employs 24,000 people and contributes an estimated $8 billion annually to the economy, according to Knife Rights.

Both knife advocacy groups are voicing opposition to the measure.

"The [Federal Switchblade] Act is very clear that a switchblade must have an activating button on the handle," a post on Knife Rights's Web site states. "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."

AKTI filed for an extension of the 30-day minimum public comment period required of Customs. That period ends June 21. Update: Customs denied AKTI's request for an extension. AKTI is also drafting an official response to the proposal.

The Blade Editorial had a little history too:

History
This is not the first time Customs sought to restrict assisted opening knives. In 2000, Customs seized 80,000 Columbia River Knife and Tool (CRKT) knives. Over a 16-day period, CRKT lost roughly $1 million in sales due to the seizure, according to AKTI. Customs eventually released the knives back to CRKT.

Again, I am all for strong borders but this kind of scope creep needs to be nipped in the bud. There is a big difference between drug smuggling, terrorists entering the US to wage warfare and illegals streaming in looking for work and a United States Citizen carrying a common pocket tool. Posted by DaveH at June 11, 2009 10:41 AM | TrackBack