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Media Room
Sportsmen’s Caucus Sponsored Amendment Blocks Proposed Ban On Assisted-Opening Knives
July 10, 2009 (Washington, DC) - Today, members of the U.S. Senate Congressional Sportsmen's Caucus successfully passed, by a unanimous Senate vote, an amendment to the FY2010 Homeland Security Appropriations Bill to block the attempt by the Office of Customs and Border Patrol to alter their interpretation of the definition of switchblade knives to include spring-assisted or one-handed-opening knives as defined under the 1958 Switchblade Knife Act.
The Switchblade Knife Act of 1958, as amended by Congress, and as codified in 15 U.S.C. Section 1241, clearly sets forth the definition of a "switchblade" as...any knife having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both.
An amendment to the Homeland Security appropriation was introduced by Sportsmen's Caucus Senator John Cornyn earlier this week and revised by Sportsmen's Caucus and Appropriations Committee Senators Mark Pryor and Orrin Hatch, and would amend the definition of switchblade knives to eliminate the confusion that has lead to CBP's proposal to re-evaluate their interpretation of that definition.
The amendment struck Section 1241(b)(2). The Senators' amendment clarifies that assisted-opening pocketknives are exempt from regulation.
"Today the Senate sent a strong message and made clear that the 35 million Americans who own pocketknives are free to continue using them without the threat of federal agency intrusion. While U.S. Customs and Border Protection proposed changing that, my colleagues joined in a unanimous, bipartisan effort to ensure assisted-opening pocketknives are protected by the law. What's more, the CBP reversal would have inflicted serious economic harm to sporting goods manufacturers and retailers," said Sen. Cornyn.
"Customs and Border Patrol went overboard in trying to interpret an outdated statute regulating certain pocketknives. In Arkansas, firemen, construction workers, farmers, policemen, electricians, hunters and fishermen all took notice. A pocketknife for many people can serve as an entire toolbox, and the government really has no business taking that away from them," said Sen. Pryor. "I'm pleased to team up with Senators Cornyn and Hatch to prevent this proposed regulation from being implemented."
Customs and Border Patrol's interpretation of the term "switchblade knife" goes beyond the definition provided in statute by Congress. In addition, court cases in CA, IL, MI and TX have all ruled in favor of assisted-opening and one-handed opening knives as not being classified as switchblades because they do not possess the activating button or device on the handle of the knife.
"We have been working hard to defeat this reclassification of assisted-opening knives since the potential rule change was introduced and we are very pleased that the Congressional Sportsmen's Caucus won this fight to protect the millions of law abiding knife owners, manufacturers and ancillary industries from overzealous regulation," said Congressional Sportsmen's Foundation President Jeff Crane.