www.akti.org Official Publicationnews of the American && Tool Institiute,update Inc. Volume 9 Issue 2 2007 Courts in Several States and U.S. Customs Declare Assisted-Opening are NOT

As a special service to members, we lar facts in a court case are crucial to the decided that assisted-opening knives are present several court cases from across end result. Juries and judges are best able not switchblades. the country where defendants were arrest- to assess whether a witness or defendant Secondly, the cases we present here ed for carrying an assisted-opening knife appears to be telling the truth. So don't may or may not have citation value or assume that a case would be decided in establish precedents in their state. A qual- *********************** the same way every time, even in the ified defense attorney in the state in ques- same jurisdiction. But all these cases con- tion could best speak to that subject. “While there have not been sistently spotlight a key fact. As a matter Now that we've laid the groundwork, many of these cases, of law, these juries and judges have we'll highlight the rulings in several more to our knowledge, the defendants have all Illinois Court: Chive Assisted Opener NOT been acquitted or charges dropped.” *********************** and charged under that state's anti-switch- statute. While there have not been many of these cases, to our knowledge, the defendants have all been acquitted or charges dropped. We have previously The Kershaw Chive, Model KS 1600, has a 420HC stainless steel two-inch published stories on the Michigan and blade with a 410 stainless steel handle. The Speed-Safe torsion bar allows this knife to be Texas rulings (see sidebars). But we pres- opened with one push. Measures three inches long when closed and weighs 1.9 oz. Photo ent new material here on cases in courtesy of . California and Illinois. We urge readers to read our disclaimer *********************** statement below. And also keep in mind Defendant Jesse D. Cox was “The knife does not two other things. First of all, the particu- charged in the Circuit Court of the Eighth Judicial District, Adams, have a button County, IL. His Case No. 06-CF-518 in the handle...” included a weapons charge in viola- AKTI does not provide legal tion of Chapter 720, Act 5, Section *********************** advice on assisted-openers. 24-1(a)(1) of the Illinois Compiled that was purchased from a Snap-On Statutes. dealer. The American Knife & Tool The defendant's charge read, in Upon examining the knife, Institute provides the material in this part, … “he knowingly possessed a Presiding Circuit Judge Scott H. newsletter for informational purposes Kershaw spring loaded knife, com- Walden declared that “the knife does only. We do not claim that a court in monly referred to as a switchblade not fall within the meaning” of the your state will rule the same way that knife, which has a blade that opens switchblade statute. In the motion to courts already have ruled in the cases automatically by hand pressure dismiss the charge, which was grant- profiled here. AKTI does not provide applied to a button in the handle of ed, signed and filed on November 15, legal advice to individual defendants. the knife,…” 2006, it was further stipulated that … If you have a legal question about The facts of the case included 3. The knife is not spring loaded. assisted-opening knives, please con- identification of the knife, received 4. The knife does not have a button sult a qualified criminal attorney in as a gift, as a Kershaw Model Ken in the handle of the knife. your state. Editor. Onion 1600 VIB (Rainbow Chive), 5. The knife is not a switchblade which is an assisted-opening folder knife as defined by the criminal code. Courts (Continued) Orange County, CA Drops 653K Charges cases. Two companion cases are from January 2006 in the Superior Court of on Two Assisted-Opener Cases Orange County, CA. Another is from the Circuit Court of the Eighth Judicial In the court cases of Donald Wray or longer to be illegal to carry in the Circuit of Illinois, Adams County, that Spease (Case 05SM03766 M A) and state. However, AKTI initiated and suc- was decided in November 2006. We Matthew Alan Salisbury (Case cessfully passed SB 274 in 2001 that thank Jeff Goddard, Director of Sales and 05SM03767), judge David R. Chafee created exemptions to that statute for Marketing at Kershaw Knives, Tualatin, dismissed charges against each for one-hand opening knives if they had a OR, for making court documents and alleged violations of the 653k statute. detent in the handle and a bias toward court-signed summaries of these judg- Judge Chafee presided over the closure. ments available to us. Superior Court of the State of The legislative intent, supported by a Our thanks also to Knife California, County of Orange, and letter (July 19, 2001) from sponsor and Company, Inc., Oregon City, OR, and issued his rulings on January 13, 2006. then-State Senator Betty Karnette (27th , Inc., Post Falls, ID, as well *********************** District) states … as Kershaw and Gerber … all long-time Although some one-handed opening AKTI members … for providing photos “Although some one- knives can be opened with a strong of representative styles of assisted open- handed opening knives flick of the wrist, so long as they con- tain a detent or similar mechanism that ers. can be opened with a Finally, our thanks also go to Gerber provides some resistance to opening the Legendary , Portland, OR, for per- strong flick of the wrist, knife, then the exemption is triggered. mission to reprint portions of a letter so long as they contain These knives serve an important utility issued to their legal counsel by U.S. to many knife users, as well as fire- Customs and dated March 1, 2005. U.S. a detent or similar mecha- fighters, EMT personnel, hunters, fish- Customs states that certain Gerber models nism that ermen, and others. Although the model numbers were of assisted-opening knives are not switch- provides some blades and therefore permitted to be not reported, the above defendants imported into the U.S. resistance to opening were arrested for carrying assisted- opening knives (which are variations of the knife, then the one-hand opening knives). The judge [653k] exemption dismissed those charges against both is triggered.” pursuant to Penal Code 1385 - “Furtherance of Justice.” He obviously Knife Laws of the Fifty *********************** decided that these assisted-opening California's 653k statute declares knives were not switchblades. States - A Guide for the switchblades with blades of two inches Law-Abiding Traveler By David Wong An attorney and knife enthusiast, Michigan Case Declares Kershaw David Wong's book covers the knife laws of all fifty states and the "Speed Safe" NOT Switchblade District of Columbia, and discusses *********************** Model #1560 was not in statutory viola- the legal status of open carry, con- tion of statute MCL 750.226a which cealed carry, and off-limits locations “Switchblades, by prohibits carrying a “switchblade.” The for knife carry for the full range of definition, are opened defendant had all charges dismissed and knife types (including , , by pressing a button in the knife returned to him. and automatics). Excerpts of The case was in the Michigan District relevant statutes and capsule sum- the handle. Our 'Speed Court for the 51st Judicial District, Case maries of knife-related case law are Safe' knives require that 020062SM, decision rendered on included for each state. In addition, January 21, 2003, in Waterford, MI. the book covers municipal knife blade opening is started “We're pleased with the court deci- ordinances and regulations, which by fingers on the blade sion,” Kershaw's then-national sales tend to be more restrictive than state or on a thumb stud.” manager said. “Switchblades, by defini- law, for most major cities. tion, are opened by pressing a button in The book is available online from *********************** the handle. Our 'Speed Safe' knives Amazon.com, Barnes & Noble.com, Waterford, Michigan -- A Michigan require that blade opening is started by and many others, and may also be jury decided that a defendant arrested fingers on the blade or on a thumb ordered from most retail bookstores. for carrying a Kershaw “Speed Safe” stud.”

2 AKTI ASSISTED OPENERS U.S. Customs: Gerber Assisted Openers NOT Switchblades

On March 1, 2005, a corporate attorney Gerber FAST Knife for Brands, Inc. (parent of ) received a seven-page letter from a representative of the U.S. Customs service. Fiskars had asked U.S. Customs to reconsider (on July 8, 2004) its determination (HQ 116229) that a shipment of several models of Gerber assisted-opening folding knives not be Gerber Legendary Blades introduced its first spring-assisted knife with what it calls allowed entry into the U.S. “Forward Action Spring Technology™.” The mechanism was created and patented by Oregon knifemaker Butch Vallotton. This gives the owner the option of opening the Continued on page 6 blade with the thumb stud or using the index finger to trigger the spring opener. This Fast Draw model has tactile texturing on the glass-filled nylon handle. The blade is high carbon stainless steel and measures 2.99 inches long. Photo courtesy of Gerber Legendary Blades.

Kershaw Speed Safe Knives Get OK in Ontario, Canada Buck 295BLX Tempest

As we go to press, we have just received a summary letter from a Canadian Barrister (attorney) repre- Buck Knives produces several assisted openers, including this Model 295BLX, the senting an Army Surplus retailer in Tempest. The company's website describes it as a full-size, assisted-opening knife with Oshawa, Ontario, Canada. The retail- a unique skeleton handle construction and Buck's patented ASAP Technology™ - an er was charged under a prohibited advanced-design spring mechanism that provides easy, safe blade release. Blade length weapons statute. is 3.25 inches, blade steel is 420HC, and the handle is made from 6061 T6 aircraft- grade aluminum. The company also provides this standard caution. “Buck's ASAP Technology™ ************************* 'assisted-opening' knives are functionally different from automatic knives (switchblade “With respect to the type) that typically use gravity or a handle button/lever to release the blade from a closed position. Buck's 2-stage operation (safety & blade release lever) is designed for Kershaw Speed Safe user safety and does not use a handle button/lever. However, users are responsible for knives, the court ruled investigating laws applicable to assisted-opening knives in their jurisdiction.” Photo completely in our favour.” courtesy of Buck Knives. ************************* His attorney, Doug Gosbee, for- warded the following summary of the judgment. We will provide a Benchmade 14460 HK more complete statement of the rul- Nitrous Blitz ing in our next Update. “I confirm that we were successful in relation to the Speed Safe knives and the knives which were merely Benchmade has its own version of the 'capable' of being converted to a pro- assisted opening mechanism in this hibited weapon. Merely being capa- Model 14460 HK Nitrous™ Blitz™ that ble of being converted to a prohibit- features an ambidextrous thumb stud for ed weapon is not sufficient. With opening. The liners are titanium and the respect to the Kershaw Speed Safe handle material is black G10. This USA- knives, the court ruled completely in made knife has a blade length of 3.4 our favour.” inches. Photo courtesy of Benchmade Knife Company. AKTI ASSISTED OPENERS 3

We need you as a “Grassroots” Supporter !!! Your emails and letters to lawmakers are powerful !!!

AKTI has fought for knife rights of There is no fee to become Join on the AKTI Website individual knife owners across the coun- a Grassroots Supporter, but Go to … www.akti.org try for nearly ten years. And we have Click on Join Today at the top of the won some huge legislative victories that your donations are always home page. Then scroll down to have helped millions of knife owners in appreciated. "Grassroots Supporter" under California, Florida and in Arkansas. Membership Categories. When you click AKTI's position is that law-abiding citi- on Sign Up Today at the end of the zens should be able to carry knives. *************************** description, you will be connected to an Many states have statutes where knife online form where you can provide infor- carry is considered a weapons offense; Your voice mation about yourself. Click Submit. intent to cause bodily harm is not neces- will be heard! Finally, you will receive an email ask- sary. ing you to verify your request to join. Thanks to a bill introduced and sup- You will make a Please respond to that. Now you're ready ported by AKTI, the Arkansas legislature to start receiving electronic news from virtually unanimously agreed to repeal its difference! AKTI! Now you're ready to help us fight entire knife weapons statute based on for your knife rights! blade length in early February 2007. *************************** These significant victories don't happen without a strong lobbying effort and key phone calls, emails and letters from knife owners. That's why we need your help to YES, I will join AKTI and help support continue AKTI's amazing success story. responsible knife use! We need you to become a “Grassroots” Supporter willing to contact lawmakers Give generously! Your membership dues help... via email for important committee and 1) Fight for your knife rights...as we did in Arkansas, legislative votes. California, Boston, Florida, wherever AKTI is needed! Lawmakers respond to emails. And 2) Communicate regularly with knife users and the editors of because speed of response is often criti- more than 50 outdoor publications! cal, we'll communicate with you the same 3) Help lawmakers and law enforcement with solid way. Of course, we will also encourage information...such as the knife measuring protocol. you to phone or mail letters to your law- makers so your voice can be heard. Consider supporting AKTI with a Life Membership. As an AKTI Grassroots Supporter, Name______you will receive … 1) Regular electronic updates on Company______Title______knife rights issues across the country. 2) Requests to contact lawmakers Address______on knife issues important to knife owners in various states and at the federal level. City______State______Zip______3) AKTI emails sent to you clear- ly marked as AKTI Updates so you can Phone ( )______E-Mail______quickly spot them, route them through  your spam filters, save them and act on Check here if this is a renewal.  Platinum Associate - $1,000/yr  Premier Member - $2,000/yr them.  Gold Associate - $500/yr (Voting Membership) Don't let this day go by without joining  Silver Associate - $200/yr  Retailer Associate - $100/yr this powerful group that will change knife  Annual Ambassador Member (Individual) - $35/yr laws.  Life Membership (Individual) - $750 I support AKTI with an additional contribution of $______You also have our promise not to sell Check #______Enclosed for $______your name or email address to any out- Visa/Mastercard Charge:______Exp:______side marketers or to share our list with any other entity. Signed______Date:______ Check here if you prefer to keep your information confidential. Note: Since the American Knife and Tool Instititute, Inc. has filed as a 501(c)(6) not for profit tax status, dues may be deductible as a business expense, but not as a charitable contribution. 5 U.S. Customs (Continued) *********************** stud on each side of the unsharpened edge near the base of the blade used for While we do not have information on “They do not open pulling the blade open. The blade has a the initial decision to stop the importa- automatically by hand single edge and can be locked into an tion, U.S. Customs very clearly reverses pressure applied to a open position by the use of a safety itself, not even adding the hint of any device. The same safety device is used to qualifiers to their decision. Here are key button or device in the lock the knife in the closed position. This excerpts (in italics) from the U.S. handle, nor do they device does not act to open or close the Customs final determination letter. knife - its sole function is to keep the open automatically by knife locked in the knife's then-existing The subject merchandise are release operation of inertia, position. The knife also has a lock mech- assisted knives designed to be primarily gravity, or both. We find anism that must be released to close the used as a “general carry.” The knife's knife once the knife is open. This mecha- features, such as the belt clip and serrat- additionally that the nism is not engaged in any way to open ed edge, are characteristic of a jackknife subject knives have a the knife. Release assisted knife, part or pocket knife, rather than a weapon. number 22-07162 (Exhibit B), is identical There are two versions of the knives at blade style designed for in description to part number 22-07161 issue. Part number 22-0761 [07161] is a a primary utilitarian (Exhibit A), except that it has a fine edge, version (previously use.” not a serrated blade. attached as Sample A) and part number The U.S. Customs writer then provides 22-07162 is a fine edged version (previ- *********************** some statutory and regulatory back- ously attached as Sample B) [Footnote knife or . The knife measures 4 ground. omitted.] ¼ inches long when closed. When extend- Pursuant to the Act of August 12, 1958 . . . part number 22-07161 (Exhibit A) ed, the blade of the knife measures 3 (Pub. L. 85-623, codified at 15 U.S.C. is a folding blade knife made in Taiwan. inches total. The blade has a serrated 1241-1245, otherwise known as the The knife is made of metal and includes a section measuring 1 ¼ inches. The over- “Switchblade Knife Act”), whoever know- pocket clip on the side of the handle. The all length of the knife, when extended, is ingly introduces, or manufactures for knife has the visual appearance of a jack- 7 ¼ inches. There is a 3/16 inch thumb introduction, into interstate commerce, or

Texas County DA and State Attorney General Rule Assisted Openers NOT Switchblades

As a result of a February, 2005 *********************** of knives is not illegal, Goddard arrest of a Texas college student for “Several Texas DAs adds. bringing an assisted-opening knife on have expressed the The site is www.tdcaa.com. Go to campus in Brazoria County, TX, we “User Forum” tab and type “assisted have another ruling by a District opinion that knives” in the search on the bottom Attorney that such knives do not this class of knives of the page. meet the definition of a switchblade. Or use this link to some postings According to Jeff Goddard, is not illegal.” by Texas attorneys. Director of Sales and Marketing at *********************** http://tdcaa.infopop.net/ Kershaw Knives, Tualatin, OR, “The 2/OpenTopic?q=Y&a=search&f=157 DA, Angie Morris, got several opin- dent and they have backed off of all 098965&s=347098965&reqWords=a ions, including one from the Texas issues regarding these knives, ssisted+knives&submit1=Find Attorney General. They have all stat- Goddard reports. “She told me they ed that these assisted-opening knives are legal to sell in Brazoria County, Editor's Note: As of August 1, do not meet the definition of a TX,” Goddard said. 2007, the above link to the TDCAA switchblade.” The DA also indicated there is a forum was still in operation. Among Goddard indicated the parents of website for the TDCAA (Texas other opinions, one of the attorney the college student “were pretty District & County Attorneys participants made the following upset since the knives are sold every- Association) where discussion con- observation …”Almost every police where.” tinues regarding the knives. DA officer I know carries an assisted DA Morris acknowledged that the Morris alerted Kershaw about the opening knife.” knives “do open fast,” but they have site, where several Texas DAs have dropped the charges against the stu- expressed the opinion that this class

6 AKTI ASSISTED OPENERS transports or distributes in interstate commerce, any switchblade knife, shall be fined or impris- oned, or both. The Customs and Border Protection (“CBP”) Regulations promulgated pursuant to the Switchblade Knife Act are set forth in Gerber's line of Presto knives feature an aluminum handle with rubber inserts and use Gerber's 19 CFR 12.95-12.103. In this regard we patented F.A.S.T. assisted opening technology for quick, easy, one-handed deployment. A safety Photo courtesy of Gerber note the following definitions: protects user while the blade is in open and closed positions. Legendary Blades. 12.95 Definitions. Terms as used in 12.96 through 12.103 of this part are defined as follows: *********************** man, policeman or home repair person (a) Switchblade knife. …any imported seldom has both hands free to retrieve a knife,…including “Balisong”, “butterfly” “The subject knives have knife. With the E-Z-Out they need only … knives, which has one or more of the a blade style designed one hand to reach down, grab the knife, following characteristics or identities: open it, use it and put it away.” (1) A blade which opens automatically for a primary utilitarian Materials for the L.S.T. knives refer to by hand pressure applied to a button or use as defined in 19 CFR them as “the perfect pocket knives.” They device in the handle of the knife, or any are “light enough to be carried every- knife with a blade which opens automati- 12.95(c) and they are where, strong enough for everyday activi- cally by operation of inertia, gravity, or not switchblades within ties, and tough enough to do anything.” both; the meaning of 19 CFR (2) Knives which, by insignificant pre- Our Analysis and Determination liminary preparation, as described in 12.95(a)(1).” As indicated above, in HQ 116229 this paragraph (b) of this section, can be *********************** office found that the subject knives are altered or converted so as to open auto- switchblades within the meaning of 19 matically by hand pressure applied to a CFR 12.95(a)(4). Upon further review, Other pertinent regulations are as fol- button or device in the handle of the knife however, we have now determined that lows: or by operation of inertia, gravity, or the subject knives are not switchblades 12.96 Imports unrestricted under the both; within the meaning of 19 CFR Act. (3) Unassembled knife kits or knife 12.95(a)(1) because they do not meet the (a) Common and special purpose handles without blades which, when fully criteria therein, i.e., they do not open knives. Imported knives with a blade style assembled with added blades, springs, or automatically by hand pressure applied to designed for a primary utilitarian use, as other parts, are knives which open auto- a button or device in the handle, nor do defined in 12.95(c), shall be admitted to matically by hand pressure applied to a they open automatically by operation of unrestricted entry provided that in condi- button or device in the handle of the knife inertia, gravity, or both. We find addition- tion as entered the imported knife is not a or by operation of inertia, gravity, or ally that the subject knives have a blade switchblade knife as defined in both; or style designed for a primary utilitarian 12.95(a)(1). . . . (4) Knives with a detachable blade that use within the meaning of 19 CFR (3) Marketing and promotional materi- is propelled by a spring-operated mecha- 12.95(c). als with respect to the subject knives are nism, and components thereof…. Accordingly, we conclude that the not yet available as Fiskars has not (c) Utilitarian use. “Utilitarian use” requirements of 19 CFR 12.96(a) are sat- begun commercially importing the knives. includes but is not necessarily limited to isfied, i.e., the subject knives have a blade You submitted various marketing materi- use: style designed for a primary utilitarian als with respect to other Fiskars' prod- (1) For a customary household pur- use as defined in 19 CFR 12.95(c) and ucts, some of which are similar to the pose; they are not switchblades within the subject knives. Such similar knives, which (2) For usual personal convenience, meaning of 19 CFR 12.95(a)(1). are within the same class of lightweight including grooming; Therefore, pursuant to 19 CFR 12.96(a), folding knives as the subject knives, are (3) In the practice of a profession, the subject knives (part nos. 22-07161 the “E-Z-Out,” “Gator” and “L.S.T” trade, or commercial or employment and 22-07162) are permitted unrestricted knives. Promotional materials for the activity; entry into the United States…. Gator knives provide that they are “used (4) In the performance of a craft or Sincerely, by a wide assortment of people including hobby; Charles D. Ressin fishing and hunting enthusiasts, electri- (5) In the course of such outdoor Acting Director cians and repairmen and many more.” pursuits as hunting and fishing; and International Trade Compliance Materials for the E-Z-Out knives pro- (6) In scouting activities. Division vide: “A hard working electrician, repair- AKTI ASSISTED OPENERS 7 22 Vista View Ln Cody, WY 82414-9606 USA

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Goldie Russell Becomes Fifth AKTI President Jeff Goddard is Vice President

Goldie Russell was elected the fifth president of AKTI at its Jeff Goddard, Director of Sales & Marketing at Kershaw 10th annual meeting, June 7, 2007, and also becomes the group's Knives, Tualatin, Oregon, was elected Vice President. first woman president. She is CEO and President of A.G. Russell Both officers have two-year terms. Goddard will move up as the Knives, Inc., Rogers, Arkansas. organization's president in 2009.