Switchblade

A switchblade (also known as automatic knife, switch, or in British English flick knife) is a type of knife^{[citation needed]} with a folding or sliding blade that springs out of the grip when a button or lever on the grip is pressed.

Switchblades are legal weapons in the U.S.A. and Russia, often covered by very specific laws—many of which appear to have been enacted at times of moral panic by newspapers and films about supposed knife use. This was most striking in the late 1950s, when films such as The Wild One in 1954, Rebel Without a Cause and High School Confidential in 1955, and the Broadway play West Side Story in 1957 about rebellious youth featured switchblades, and were closely followed by the US Switchblade Act of 1958 (a federal law; individual state laws differ widely). This US federal law was closely followed by the UK Restriction of Offensive Weapons Act 1959.

==Overview of design

Switchblades from the 1700s to the 10s had a high amount of hand craftsmanship and are very collectible. Recent mass production methods tend to yield cheaper knives with thinner materials and less detail work. However, there are a fair number of knife companies and custom makers who build high-quality automatic knives for military, emergency personnel, and for knife collectors. Some famous automatic knife manufacturers include Microtech Knives, Gerber Legendary Blades, ProTech, Benchmade, Dalton, Boker/Magnum, Severtech, Spyderco, and Piranha. Then there are the Italian manufacturers famous for the classic stiletto style switchblade. Included among these are Frank Beltrame, whose family has been making automatics for over 50 years, and AGA Campolin, another family concern th

Legality

Regardless of specific legislation, in common law countries switchblades (like other knives) are likely to be considered as offensive weapons and carrying them in public "without lawful authority or reasonable excuse" to be illegal.

Switchblades however, are often covered by specific law. Such laws generally restrict one or more of the following: manufacture, export, importation, sale, possession, or carrying in a public place.

Australia

In Australia, switchblades are banned by the Customs (Prohibited Imports) Regulations as a Prohibited Import.

At a state level, most jurisdictions declare them to be prohibited weapons in their respective acts, codes and regulations. Persons residing in states which do not have specific weapons legislation covering switchblades (eg, Tasmania) are still covered by Federal Customs legislation, but in circumstances where the state has no legislation against such items, an exemption may be applied for, after approval by the Head of the Police service in that state.

Some states which have specific legislation against switchblades allow individuals to apply for an exemption from this legislation if they have a legitimate reason. For Example, in the state of Victoria, a member of a bona fide knife collectors association, who is not a prohibited person (per the Firearms Act 1996), and meets other guidelines and conditions may apply to the Chief Commissioner of Police for a Prohibited Weapons Exemption, to possess, carry, or otherwise own such a knife.

This exemption may then, in turn, be used to apply to the Australian Customs Service for an import permit.

Canada

Switchblades are not legal to sell, buy, trade, carry or otherwise possess. Part III of the criminal code first defines such knives as prohibited weapons (arme prohibee). "A knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife." Different subsections of the code describe possession offenses and penalties.

Weblink Canada's Criminal Code

Germany

Most switchblades are illegal to own, import or export. However, if the blade is side-opening, a maximum of 8.5 cm long, the breadth is a minimum of 20% of length, and is not double-edged, they are legal.

New Zealand

The Customs Import Prohibition Order 2002 prohibits the importation of "any knife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in or attached to the handle of the knife (sometimes known as a “flick-knife” or “flick gun”)". The Summary Offenses Act 1981 and the Crimes Act 1961 section 202A(4)(a) make it an offense to possess any weapon in a public place without reasonable excuse.

United Kingdom

The "manufacture, import, sale or hire, or offer of sale or hire, or lending or giving to any other person" of switchblades in the UK is illegal under the Restriction of Offensive Weapons Act 1959. Technically it is not illegal to possess such a knife as long as it is held within the home, although the knife would have to be pre-1959 vintage or its acquisition would be illegal.

Later legislation (under the authority of the Criminal Justice Act 1988 adds similar restrictions for a wider range of other knives and weapons. In Scotland the details differ, but the overall effect is similar.

United States

Federal law

The Switchblade Act, (public law 85-623, enacted on August 12, 1958, and codified in 15 USC 1241-1245), prohibits possession on Federal lands, Indian reservations, military bases, District of Columbia, Puerto Rico and other protectorates. It prohibits manufacture and sale of switchblades in interstate commerce. It provides exceptions for manufacture pursuant to government contract, and use by Law enforcement, government agencies, members of the Armed Forces, and for one-armed persons. The act was amended in 1986 to also restrict ballistic knives. 18 USC 1716 further restricts sending switchblade knives through the United States Postal Service, with a few exceptions. Federal law does not mandate prohibition within an individual state.

State laws

Each individual state (and sometimes individual counties, cities, and towns) may, and often do, have laws restricting weapons including knives, often specifically mentioning switchblades. Laws often refer to blade lengths and styles to define tools with useful purposes. The definition of a legal knife is often taken in context with the situation. Some states allow police officers to declare any object, screwdriver or broken bottle as an offensive weapon. These state laws differ greatly^[1]. Switchblade knives are legal in 28 U.S. States in one way or another for citizens. Switchblade knives are legal in all U.S. states for Military personnel and other qualified individuals.

Example,

in California:

653k. Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor. For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife, and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position. For purposes of this section, "passenger's or driver's area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.

Connecticut law states that:

§ 53-206. Carrying of dangerous weapons prohibited.

(a) Any person who carries upon one's person any BB. gun, blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, or any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, or stiletto, or any knife the edged portion of the blade of which is four inches or over in length, any police baton or nightstick, or any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. Whenever any person is found guilty of a violation of this section, any weapon or other instrument within the provisions of this section, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, notwithstanding any failure of the judgment of conviction to expressly impose such forfeiture

In 2003, Florida Governor Jeb Bush overturned a questionable law stating "No one shall carry a self propelled knife". The law was cleared up to allow Florida residents to use so called switchblade knives. (Portion of 790.225, F.S)

The American Knife and Tool Institute ( AKTI ), is addressing the inequities of regional law, by refining a glossary of knife terms including switchblades, stilettos, Bowies and gravity knives. The definitions are cultured from court rulings and first hand knowledge by collectors. The AKTI hopes the use of this glossary will achieve standardized common terms for knife types or measuring points among legal officers and and collectors, leading to sensible knife legislation and law enforcement, with considerations to the knife makers and collectors in America today.

U.S. state laws regarding possession, concealed and non-concealed carry
State	Possession	Carry
Alabama	Legal	Allowed if not concealed
Alaska	Illegal	Illegal
Arizona	Legal	Legal
Arkansas	Legal	Allowed if not concealed, and blade is under 5 inches
California	Legal	Allowed if blade is under 2 inches.
Colorado	Illegal	Illegal
Connecticut	Illegal	Illegal
Delaware	Illegal	Illegal
Florida	Legal	Legal
Georgia	Legal	Legal
Hawaii	Illegal	Illegal
Idaho	Legal	Allowed
Illinois	Legal	Illegal
Indiana	Illegal	Illegal
Iowa	Legal	Legal if not concealed
Kansas	Illegal	Illegal
Kentucky	Legal	Legal; concealed carry allowed with "concealed deadly weapons permit"
Louisiana	Illegal	Illegal
Maine	Illegal	Illegal
Maryland	Legal	Allowed if not concealed
Massachusetts	Illegal	Illegal
Michigan	Legal	Illegal
Minnesota	Illegal, but exception made for collectors and/or possession as curios or antiques.	Illegal
Mississippi	Legal	Illegal
Missouri	Illegal, but exception made for collectors and/or possession as curios or antiques.	Illegal
Montana	Illegal, but exception made for collectors and/or possession as curios or antiques.	Illegal
Nebraska	Legal	Allowed if not concealed
Nevada	Ownership allowed with permit.	Illegal
New Hampshire	Illegal	Illegal
New Jersey	Illegal	Illegal
New Mexico	Illegal	Illegal
New York	Illegal	Illegal
North Carolina	Legal	Allowed if not concealed
North Dakota	Legal	Allowed if not concealed
Ohio	Legal (purchases only allowed through online retailers)	Illegal, only if the blade is above 6 inches
Oklahoma	Legal	Illegal, only if the blade is above 6 inches
Oregon	Legal	Allowed if not concealed
Pennsylvania	Illegal, but exception made for collectors and/or possession as curios.	Illegal
Rhode Island	Legal	Legal
South Carolina	Legal	Illegal
South Dakota	Legal	Legal
Tennessee	Illegal, exception made for collectors and/or possession as curios or antiques 39-17-1302 (c) (1)	Illegal
Texas	Illegal, but exception made for collectors and/or possession as curios or antiques	Illegal
Utah	Legal	Allowed if not concealed
Vermont	Illegal	Illegal
Virginia	Legal(purchases only allowed through online retailers)	Illegal
Washington	Illegal	Illegal
West Virginia	Legal	Allowed if not concealed; concealed carry allowed with permit or license
Wisconsin	Illegal	Illegal
Wyoming	Legal	Illegal

References

^ Switchblade Knife Laws by State

[1] Switchblade Knife Laws by State

[1]