REPEAL THE 1958 FEDERAL SWITCHBLADE ACT
Switchblade (auto, auto-open, automatic, switch) Knives
- Automatic knives are legal in 44 states, with various restrictions in seven of those states.
- The commercial sale of automatic knives across state lines is restricted.
If an auto is legal to possess in your state, you should be able to buy the legal knife you want.
Support AKTI’s Freedom of Commerce Act
- Contribute to AKTI’s Legislative Fund to Repeal Federal Restrictions on Automatic Knives
- Join AKTI and help us get this done!
- Share AKTI’s email updates, and social media posts, and tell your friends to support AKTI’s Freedom of Commerce Act so they can own and use the knife of their choice.
Learn More
What the Freedom of Commerce Act will do
State Laws Regarding Automatic Knives
Don’t Believe the Myths About Automatic Knives
AKTI Introduces Freedom of Commerce Act
More about the Federal Switchblade Act below
Switchblade (auto, auto-open, automatic, switch) Knives
The only United States law regarding auto-open (automatic) knives is referred to as the Federal Switchblade Act. The act regulates the manufacture and introduction of switchblades into interstate (crossing state lines) commerce. It has NO application to individual consumers, or most merchants who sell knives. It has NO application to laws WITHIN a state.
The legislation (Public Law 85-623) was passed on August 12, 1958, and incorporated into law in two sections. The first section prohibits the importation and interstate commerce of switchblades or gravity knives, and the second section prohibits automatics from being mailed through the U.S. Postal Service (with some exceptions – See U.S. Title 18 below).
- There is no federal restriction on the ownership, possession, or carrying of a switchblade knife. There are some states that have enacted laws regarding switchblades (see State Laws Regarding Auto-Open Knives). The majority of states allow auto-open knives.
- There is no Federal restriction on the sale of auto-openknives within the 50 states. There are some state laws with restrictions regarding selling switchblades (see State Laws Regarding Auto-Open Knives).
- There are no Federal restrictions on other carriers, such as UPS or FedEx, regarding automatic knives. The Federal Switchblade Act only prohibits sending automatics through the U.S. Postal Service.
Interstate and Commerce
According to 18 USCS § 921, the term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).
Commerce is defined as “the exchange or buying and selling of commodities on a large scale involving transportation from place to place.” [emphasis added]Merriam Webster Dictionary
One-hand Opening or Assisted Opening Knives
Exception (5) to Section 1244 below became law in 2009. This exception was included to protect one-hand opening, or assisted opening, knives, from being incorrectly considered automatic knives (switchblades) or gravity knives. The exception language includesAKTI’s bias toward closure language enacted in several states.
U.S. Code Title 15 Commerce and Trade
Chapter 29 – Manufacture, Transportation, or Distribution of Switchblade Knives
Section 1241. Definitions
As used in this chapter – (a) The term “interstate commerce” means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof. (b) The term “switchblade knife” means 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.
Section 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty
Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
Section 1244. Exceptions
Sections 1242 and 1243 of this title shall not apply to –
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist or arm to overcome the bias toward closure to assist in opening the knife.
Section 1245. Ballistic knives (amendment “Ballistic Knife Prohibition Act of 1986”)
(a) Prohibition and penalties for possession, manufacture, sale, or importation
Whoever in or affecting interstate commerce, within any Territory or possession of the United States, within Indian country (as defined insection 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined insection 7 of title 18), knowingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, or imprisoned not more than ten years, or both.
(b) Prohibition and penalties for possession or use during commission of Federal crime of violence
Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or imprisoned not less than five years and not more than ten years, or both.
(c) Exceptions
The exceptions provided in paragraphs (1), (2), and (3) ofsection 1244 of this titlewith respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section.
(d) “Ballistic knife” defined
As used in this section, the term “ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism.
U.S. Code Title 18 – Crimes and Criminal Procedure
Part 1 – Crimes Chapter 83 – Postal Service Section 1716. Injurious articles as nonmailable
(g) All knives 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, are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service. Such knives may be conveyed in the mails, under such regulations as the Postal Service shall prescribe –
(1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;
(2) to supply or procurement officers of the National Guard, the Air National Guard, or militia of a State ordering, procuring, or purchasing such knives in connection with the activities of such organizations;
(3) to supply or procurement officers or employees of any State, or any political subdivision of a State or Territory, ordering, procuring, or purchasing such knives in connection with the activities of such government; and
(4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant to an order from any person designated in paragraphs (1), (2), and (3).
The Postal Service may require, as a condition of conveying any such knife in the mail, that any person proposing to mail such knife explain in writing to the satisfaction of the Postal Service that the mailing of the such knife will not be in violation of this section. (h) Any advertising, promotional, or sales matter which solicits or induces the mailing of anything declared nonmailable by this section is likewise nonmailable unless such matter contains wrapping or packaging instructions that are in accord with regulations promulgated by the Postal Service. (i)(1) Any ballistic knife shall be subject to the same restrictions and penalties provided under subsection (g) for knives described in the first sentence of that subsection. (2) As used in this subsection, the term “ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism. (k) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
You can search all U.S. Code at the Office of Law Revision Counsel.
