Page 935 TITLE 15—COMMERCE AND TRADE § 1245 fined not more than $1,000. Such failure or false 1245 of this title, amending section 1716 of Title 18, endorsement with respect to each automobile Crimes and Criminal Procedure, and enacting provi- shall constitute a separate offense. sions set out as a note under section 1245 of this title] may be cited as the ‘Ballistic Knife Prohibition Act of (c) Removal, alteration, or illegibility of required 1986’.’’ label Any person who willfully removes, alters, or § 1242. Introduction, manufacture for introduc- renders illegible any label affixed to a new auto- tion, transportation or distribution in inter- mobile pursuant to section 1232 of this title, or state commerce; penalty any endorsement thereon, prior to the time that Whoever knowingly introduces, or manufac- such automobile is delivered to the actual cus- tures for introduction, into interstate com- tody and possession of the ultimate purchaser of merce, or transports or distributes in interstate such new automobile, except where the manu- commerce, any switchblade knife, shall be fined facturer relabels the automobile in the event not more than $2,000 or imprisoned not more the same is rerouted, repurchased, or reacquired than five years, or both. by the manufacturer of such automobile, shall (Pub. L. 85–623, § 2, Aug. 12, 1958, 72 Stat. 562.) be fined not more than $1,000, or imprisoned not more than one year, or both. Such removal, al- CROSS REFERENCES teration, or rendering illegible with respect to Exceptions from application of section, see section each automobile shall constitute a separate of- 1244 of this title. fense. SECTION REFERRED TO IN OTHER SECTIONS (Pub. L. 85–506, § 4, July 7, 1958, 72 Stat. 326.) This section is referred to in section 1244 of this title. CHAPTER 29—MANUFACTURE, TRANSPOR- § 1243. Manufacture, sale, or possession within TATION, OR DISTRIBUTION OF SWITCH- specific jurisdictions; penalty BLADE KNIVES Whoever, within any Territory or possession of Sec. the United States, within Indian country (as de- 1241. Definitions. fined in section 1151 of title 18), or within the 1242. Introduction, manufacture for introduction, special maritime and territorial jurisdiction of transportation or distribution in interstate the United States (as defined in section 7 of title commerce; penalty. 1243. Manufacture, sale, or possession within spe- 18), manufactures, sells, or possesses any switch- cific jurisdictions; penalty. blade knife, shall be fined not more than $2,000 1244. Exceptions. or imprisoned not more than five years, or both. 1245. Ballistic knives. (a) Prohibition and penalties for posses- (Pub. L. 85–623, § 3, Aug. 12, 1958, 72 Stat. 562.) sion, manufacture, sale, or importa- CROSS REFERENCES tion. (b) Prohibition and penalties for posses- Exceptions from application of section, see section sion or use during commission of 1244 of this title. Federal crime of violence. SECTION REFERRED TO IN OTHER SECTIONS (c) Exceptions. (d) ‘‘Ballistic knife’’ defined. This section is referred to in section 1244 of this title. § 1241. Definitions § 1244. Exceptions As used in this chapter— Sections 1242 and 1243 of this title shall not (a) The term ‘‘interstate commerce’’ means apply to— (1) any common carrier or contract carrier, commerce between any State, Territory, posses- with respect to any switchblade knife shipped, sion of the United States, or the District of Co- transported, or delivered for shipment in lumbia, and any place outside thereof. (b) The term ‘‘switchblade knife’’ means any interstate commerce in the ordinary course of knife having a blade which opens automati- business; (2) the manufacture, sale, transportation, cally— distribution, possession, or introduction into (1) by hand pressure applied to a button or interstate commerce, of switchblade knives other device in the handle of the knife, or pursuant to contract with the Armed Forces; (2) by operation of inertia, gravity, or both. (3) the Armed Forces or any member or em- (Pub. L. 85–623, § 1, Aug. 12, 1958, 72 Stat. 562.) ployee thereof acting in the performance of his duty; or REFERENCES IN TEXT (4) the possession, and transportation upon This chapter, referred to in text, was in the original his person, of any switchblade knife with a ‘‘this Act’’, meaning Pub. L. 85–623, which enacted sec- blade three inches or less in length by any in- tions 1241 to 1244 of this title and amended section 1716 dividual who has only one arm. of Title 18, Crimes and Criminal Procedure. (Pub. L. 85–623, § 4, Aug. 12, 1958, 72 Stat. 562.) EFFECTIVE DATE Section 6 of Pub. L. 85–623 provided that: ‘‘This Act SECTION REFERRED TO IN OTHER SECTIONS [enacting this chapter and amending section 1716 of This section is referred to in section 1245 of this title. Title 18, Crimes and Criminal Procedure] shall take ef- fect on the sixtieth day after the date of its enactment § 1245. Ballistic knives [Aug. 12, 1958].’’ (a) Prohibition and penalties for possession, SHORT TITLE OF 1986 AMENDMENT manufacture, sale, or importation Pub. L. 99–570, title X, § 10001, Oct. 27, 1986, 100 Stat. Whoever in or affecting interstate commerce, 3207–166, provided that: ‘‘This title [enacting section within any Territory or possession of the United § 1245 TITLE 15—COMMERCE AND TRADE Page 936

States, within Indian country (as defined in sec- Sec. tion 1151 of title 18), or within the special mari- (h) Publication of proposed rule together time and territorial jurisdiction of the United with preliminary regulatory analy- sis. States (as defined in section 7 of title 18), know- (i) Publication of final regulatory analy- ingly possesses, manufactures, sells, or imports sis with regulation; required find- a ballistic knife shall be fined as provided in ings; judicial review. title 18, or imprisoned not more than ten years, (j) Petition to initiate rulemaking. or both. 1263. Prohibited acts. (b) Prohibition and penalties for possession or 1264. Penalties; exceptions. (a) Criminal penalties. use during commission of Federal crime of (b) Exceptions. violence (c) Civil penalties. Whoever possesses or uses a ballistic knife in (d) Civil action for injunction. the commission of a Federal crime of violence 1265. Seizures. shall be fined as provided in title 18, or impris- (a) Grounds and jurisdiction. (b) Procedure; multiplicity of pending oned not less than five years and not more than proceedings. ten years, or both. (c) Disposition of goods after decree of (c) Exceptions condemnation. The exceptions provided in paragraphs (1), (2), (d) Costs and fees. (e) Removal of case for trial. and (3) of section 1244 of this title with respect 1266. Hearing before report of criminal violation. to switchblade knives shall apply to ballistic 1267. Injunctions; criminal contempt; trial by knives under subsection (a) of this section. court or jury. (d) ‘‘Ballistic knife’’ defined (a) Jurisdiction. (b) Trials. As used in this section, the term ‘‘ballistic 1268. Proceedings in name of United States; subpe- knife’’ means a knife with a detachable blade nas. that is propelled by a spring-operated mecha- 1269. Regulations. nism. (a) Authority. (b) Joint regulations. (Pub. L. 85–623, § 7, as added Pub. L. 99–570, title 1270. Examinations and investigations. X, § 10002, Oct. 27, 1986, 100 Stat. 3207–167; amend- (a) Authority to conduct. ed Pub. L. 100–690, title VI, § 6472, Nov. 18, 1988, (b) Inspection; notice; samples. 102 Stat. 4379.) (c) Receipt for sample; results of analy- sis. AMENDMENTS 1271. Records of interstate shipment. 1988—Subsec. (a). Pub. L. 100–690, § 6472(1), substituted 1272. Publicity; reports; dissemination of informa- ‘‘in or affecting interstate commerce, within any Terri- tion. tory or possession of the United States, within Indian (a) Summaries of judgments, decrees, or- country (as defined in section 1151 of title 18), or within ders. the special maritime and territorial jurisdiction of the (b) Information as to health dangers and United States (as defined in section 7 of title 18), know- investigations. ingly possesses, manufactures, sells, or imports’’ for 1273. Imports. ‘‘knowingly possesses, manufactures, sells, or im- (a) Delivery of samples to Commission; ports’’. examination; refusal of admission. Subsec. (b). Pub. L. 100–690, § 6472(2), struck out ‘‘or (b) Disposition of refused articles. State’’ after ‘‘Federal’’. (c) Expenses in connection with refused articles. EFFECTIVE DATE (d) Statement of exportation: filing pe- Section 10004 of Pub. L. 99–570 provided that: ‘‘The riod, information; notification of amendments made by this title [enacting this section, foreign country; petition for mini- amending section 1716 of Title 18, Crimes and Criminal mum filing period: good cause. Procedure, and enacting provisions set out as a note 1274. Remedies respecting banned hazardous sub- under section 1241 of this title] shall take effect 30 days stances. after the date of enactment of this title [Oct. 27, 1986].’’ (a) Notice to protect public; form and contents. CHAPTER 30—HAZARDOUS SUBSTANCES (b) Order of Commission; repair, replace- ment, or refund. Sec. (c) Discretionary remedial activities 1261. Definitions. 1262. Declaration of hazardous substances. available to Commission; orders; (a) Declaration of hazardous substances contents. by regulation; review. (d) Charge for remedy; reimbursement (b) Reasonable variations or additional for expenses. label requirements. (e) Hearing; representative of class. (c) Exemption from requirements by reg- (f) ‘‘Manufacturer’’ defined. ulation. (g) Cost-benefit analysis of notification (d) Exemption from requirements of this or other action not required. chapter of substances or containers 1275. Toxicological Advisory Board. adequately regulated by other pro- (a) Establishment; functions; review and visions of law. recommendations. (e) Regulation of toys or articles in- (b) Membership; appointment; qualifica- tended for use by children. tions; Chairman; term of office; re- (f) Commencement of proceeding for pro- appointment; vacancies; meetings; mulgation of regulation; notice. compensation and travel expenses; (g) Publication of standard; termination Federal nonemployee status. of proceeding for promulgation of (c) Termination. regulation; monitoring of compli- 1276. Congressional veto of hazardous substances ance. regulations.