New knife laws, will Florida be effected? [Archive] - Glock Talk

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boarhunter
06-17-2009, 13:46
Have you guys seen the news on pocket knifes that can be open with hand will be classed as a switchblade..........The NRA is trying to fight this law and the feds and some goverment law groups are pushing this law in about 30 days....even if florida does not pass the new law if you cross to a different state that , state police or county cops can arrest you... check out the NRAs web site "just thought Id pass this on to my fellow Glockers".................john

M4G's
06-18-2009, 23:34
My knife does not open without assistance. need my thumb and or index finger to assist in opening it. Thats going to be considered an auto knife??? What that is is crazy.

gatorider
06-19-2009, 01:31
I was reading the story on the NRA website. Didn't read it all, it's a PDF, 63 pages long. But it seems that they are looking to outlaw the importing of these types of knives, I didn't see anything on the carry issue. I did find this in those 63 pages:

Terms as used in 12.96 through 12.103 of this part are defined as follows:
(a) Switchblade knife. . . . any imported knife, . . . including ‘‘Balisong’’,
‘‘butterfly’’ . . . knives, which has one or more of the following
characteristics or identities:

(1) A blade which opens automatically by hand pressure applied to
a button or device in the handle of the knife, or any knife with a
blade which opens automatically by operation of inertia, gravity,
or both;

(2) Knives which, by insignificant preliminary preparation, as described
in paragraph (b) of this section, can be altered or converted
so as to open automatically by hand pressure applied to
a button or device in the handle of the knife or by operation of
inertia, gravity, or both;

(3) Unassembled knife kits or knife handles without blades which,
when fully assembled with added blades, springs, or other
parts, are knives which open automatically by hand pressure
applied to a button or device in the handle of the knife or by operation
of inertia, gravity, or both; or

(4) Knives with a detachable blade that is propelled by a springoperated
mechanism, and components thereof.
. . .
BUREAU OF CUSTOMS AND BORDER PROTECTION 9

Usingmyrights
06-20-2009, 21:53
Tag for more info. If its just imported knives I should be OK. I still don't agree with it and will see about writing to my Congressman once I have more info, but all of my "auto" knives are homegrown

Mr. Blandings
06-21-2009, 11:51
The potential ramifications of U.S. Customs redefining what they consider to be a switchblade for import purposes and the effect of such redefinition on the various state and local laws across our nation are a long and somewhat technical jargon filled discussion.

Suffice to say that there is a very real possibility that if Customs does revoke their previous rulings and establishes their proposed new definitions of what is or is not a switchblade for import purposes that new definition WILL eventually be felt across the board in almost every jusridication regardless of whether the knife in question is domestically manufactured or not.

betyourlife
06-21-2009, 12:10
Have you guys seen the news on pocket knifes that can be open with hand will be classed as a switchblade..........The NRA is trying to fight this law and the feds and some goverment law groups are pushing this law in about 30 days....even if florida does not pass the new law if you cross to a different state that , state police or county cops can arrest you... check out the NRAs web site "just thought Id pass this on to my fellow Glockers".................john

My head hurts just reading your post.:upeyes:

alphacat
06-21-2009, 12:53
Free America is growing smaller and smaller. I wish the government would stay out of my pockets.

FireForged
06-21-2009, 13:22
Speaking as a common joe-citizen I just dont see the States inacting new legislation when the laws governing "switchblades" and its definition are already inconsistant from State to State. If the laws are inconsistant now, without any penalty from the Federal Gov, why would they change anything.

That being said, I still feel that any new legislative language that restrict the lawful use of already legal knives.. would be a bad thing.

FlaChef
06-21-2009, 18:18
the laws governing "switchblades" and its definition are already inconsistant from State to State. If the laws are inconsistant now,

I believe the issue is that several areas just say (or at least have precedent), refer to US Customs code for the definition of switchblades.

Mr. Blandings
06-22-2009, 02:01
Speaking as a common joe-citizen I just dont see the States inacting new legislation when the laws governing "switchblades" and its definition are already inconsistant from State to State. If the laws are inconsistant now, without any penalty from the Federal Gov, why would they change anything.It's not that the individual states or local jurisdicition will enact new legislation - it's that a new definition of what is a switchblade from U.S. Customs will result in "creep", a slow slide down a slippery slope of tighter restriction. I envision this mostly taking place as a matter of case law.

This is how it happens: U.S. Customs moves forward with their new definition of what is a switchblade (declaring that an assisted openner is a switchblade). No new law is created at the state (FL) level, but eventually some law enforcment officer on some dark night is going to come across some dude that is just up to no good. The kind of guy who may have a prior record of burglary arrests, but he hasn't been convicted. He's creeping around an apartment complex parking lot in dark clothing at 3 AM AND he's carrying an assisted openner knife in his pocket. The officer wants to get this guy off the street to prevent crime, so he arrests him for carrying a concealed weapon. The defense is gonna argue that it is a "common pocketknife", but the prosecution will point out that such knives are now considered switchblades by the mighty United States Customs. The judge or jury, being mostly non-knife carrying folk (because so many of "us" dodge jury duty, are disqualified or are removed during jury selection), find the defendant guilty. An appeal is filed, but the appeals court (particularly the Florida Fourth DCA - which already handed down one nonsense decision that declared switchblades to be "ballistic knives" (STATE of Florida v. DARYNANI (http://www.akti.org/news-updates/fl-ballistic.html))) rules in favor of the prosecution, and POOF... just like that new law is effectively created in Florida that would prohibit ordinary individuals from carrying an assisted openner unless they are licensed for lawful CCW.

In the example above, no new bill language is debated before the Legislature. Voters do not have the opportunity to contact their representatives. No new statute is passed by the Legislature and signed by the Governor. The court decision probably would not even be widely reported (read as, the average person carrying an assisted openner would never know it was now illegal to do so), but the decision would be published in legal bulletins to law enforcement agencies and prosecutor's offices across the state. Eventually, an ordinary law abiding citizen with no previous criminal history gets pulled over on a routine traffic stop on the way home from work and is asked if there are any weapons in the car. When the citizen volunteers that he has a knife in his pocket he finds himself under arrest. This is the "creep", the slide, the inch-by-inch taking of our liberties by the regulatory ruling of some group of nameless, faceless bureaucrats using language so complex and convoluted that most folks can't or won't understand it.

Also, and this is very important, Customs redefinition will likely extend as far as totally manual folding knives that use a thumbstud, blade disk or other button or protrusion on the blade to open it.

Act on this. The threat is very real. The situation I describe above is nearly identical to what already happened once before when the Fourth DCA issued the Darynani decision. That's why the Florida Legislature amended the language of FSS 790.225.