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The Folding Knife (& Switchblade) Forum The materials, techniques and the designing of folding knives.

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Old 09-26-2009, 06:43 PM
Aaron Banger Aaron Banger is offline
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Questions on legality

I hope someone with a little legal know-how can answer a couple of questions that I have. I have gone to KNet's classifieds and have seen a good number of autos (switchblades). I live in Arkansas right now. I have read different law regarding this issue. Just a couple of years ago, a law restricting the length of knives was removed. But i don't know if this applies to switchblades or not? I want to make them, but transporting over state lines is illegal by federal law, i think. So how does a maker sell them? Are the illegal to carry? Many thanks to someone who knows the law or someone who is a lawyer or something who can find out. Thank You
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Old 09-28-2009, 09:22 AM
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Your best bet might be to contact your state attorney general's office and get clarification from them. The specifics of legality for edged tools vary from state to state, and sometimes by locality.

Here in Rhode Island, autos are legal for carry as long as the blade length conforms to the legal limit of edged tools so carried or worn. In other words, no edged tool of any kind with a blade longer than three inches can be carried around on your person (concealed or not).


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Old 09-28-2009, 10:44 AM
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DaveRuhlig DaveRuhlig is offline
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Kurt made a good suggestion. There aren't many lawyers on this site and knife laws vary tremendously from area to area. Your best off calling the AG or stopping by your local police department.
-Dave


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Old 09-29-2009, 09:40 PM
Aaron Banger Aaron Banger is offline
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I'm pretty sure that they're illegal to POSSESS in Arkansas. But what I really wonder is: If you make a knife that is perfectly legal in your state. Like a 4" Hunting knife. Will you get in trouble if you sell it to a person who lives in a state where it is illegal for HIM to have that knife. Or would i make them come to me and just buy it from me in my shop?
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Old 09-30-2009, 09:56 AM
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It is illegal for the auto cross state lines in the mail or other transport, according to federal law, unless the recipient is in the military and intends to use it for military purposes. Get a waiver from your customer and be sure to CYA properly. I vaguely recall seeing some makers and resellers using waivers in this regard, but I haven't heard of any legal tests of them.


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Old 11-28-2009, 10:45 AM
Aaron Banger Aaron Banger is offline
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Since they're illegal in Ar, is it illegal for personnel in the military to own them too? Can I make them in Ar. then sell them to military? -Aaron
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Old 11-30-2009, 11:16 AM
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The federal law only deals with transport across state lines, not possession or use. Typically that is left to the states to determine.

So while it may be perfectly legal for you to ship an auto-opener to military personnel residing in a state where possession of one is illegal, that knife would likely still be considered illegal once it arrived. The typical disclaimer is one that the seller isn't liable for loss due to seizure or forfeiture, and that the buyer is responsible for conforming with state and local laws.

Unless, of course, you live in a state where they are illegal. In that case, I'd think that making an illegal item might get you in trouble with law enforcement.

Again, I strongly suggest consulting with an attorney or your state attorney general's office.


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