RITTER: The better question-with a much shorter list-is: Which states preempt local jurisdictions from regulating knives? If there is no state preemption, then jurisdictions are free to make up their own restrictions. Accordingly, knife owners/users should the laws where they live, work or travel. That situation can be possible unless the state’s constitution provides otherwise or there is a statewide preemption law. Question: Can a city, county or other municipality ban automatic knives even if they are legal at the state level?īILLEB: There are states where automatics are legal, but city or political sub-division ordinances may provide otherwise and ban or limit autos or other types of knives. The best way to avoid becoming a victim of anti-knife laws is to avoid being arrested in the first place and being prepared if you are arrested. NAPPEN: If the law-abiding collector does not give up his or her constitutional rights and has taken the above measures, that person and their knives will have significant added protection from an unjust prosecution and property confiscation. Postal Service to avoid a possible issue over confusion of whether it is an automatic knife. In fact, the American Knife & Tool Institute recommends that you do not ship knives by the U.S. When shipping an automatic knife, always use a private carrier such as FedEx and UPS. However, there is no federal restriction on shipment of automatic knives by common/contract carriers, such as FedEx and UPS. The penalty for breaking this law is a fine or imprisonment for not more than one year. Federal law prohibits the shipment of ‘injurious articles’-which includes automatic knives. We strongly suggest that individuals use only FedEx or UPS to ship these types of knives.īILLEB: Never ship an automatic knife using the U.S. Any criminal intent involved ratchets up the penalties. You would be subject to fines and up to a year in jail, or both, for breaking this law. Post Office is generally illegal, with some very narrow exceptions-which an individual is unlikely able to take advantage of. RITTER: Shipping autos, balisongs, gravity knives and ballistic knives via the U.S. Question: Is legal to ship automatic knives through the mail? State law applies to those traveling by surface or air based on your location, which state you depart from, where you might pass through, and you need to be concerned that your knife is legal in any of those locations. It also does not prohibit traveling by air with an automatic knife in your checked baggage. It does not prohibit crossing state lines with an automatic knife. Question: Doesn’t the Federal Switchblade Act ban the transport of an automatic knife across state lines?īILLEB: The Federal Switchblade Act is widely misunderstood, as it only applies to interstate commerce-commercially selling automatic knives across state lines.
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