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9/22/2017 12:11:25 AM
Posted: 6/4/2002 1:18:28 PM EDT
[Last Edit: 6/6/2002 9:16:11 AM EDT by GSG9]
I have seen a few posts saying that federal law prohibits interstate shipping of automatic knives unless the recipient is a dealer or law enforcement. I had never heard of this untill now. Is this true and if it is does it also apply to assited opening knives like the Ken Onion Whirlwind? Also if it is true does my disclaimer cover me if non-leo/ non-dealers order from me?
Limitations on Purchasing Knives OLD DOMINION ARMORY will not be responsible for any items seized or confiscated. Our privacy policy notwithstanding, OLD DOMINION ARMORY will cooperate with law enforcement officials by providing buyer information should a knife, sword, or similar item bought from us be used in the comission of a crime. *Knives, Swords, and similar items cannot be sold to minors Legal Notice OLD DOMINION ARMORY does not warrant that a person may legally purchase, possess, or carry specific items offered for sale on the website according to federal, state or local laws. These items include, but are not limited to, machetes, knives, swords, stun guns, and certain non-lethal and chemical spray devices. A buyer purchasing any knife, sword, or similar item from OLD DOMINION ARMORY whether by phone, mail, electronic mail (e-mail), or in person, grants that he/she is in compliance with local and state laws, and legally able to purchase these items. In addition, the buyer grants that he/she is under no legal restrictions which would prohibit such person from ordering, owning, possessing, or transferring these items under applicable federal, state, or local law. [red]Certain items may only be sold to authorized members of law enforcement and U.S. Military organizations.[/red] Release, assumption of risk, and waiver of liability and indemnity agreement KNIVES AND SWORDS ARE SHARP! The knife or sword you purchased is not designed or intended for use as a weapon. OLD DOMINION ARMORY makes no representation or warranty, espressed or implied, as to any matter not expressley provided herin, including without limitation, the condition, quality, design, or fitness of the knife, sword, or similar for use on any particular purpose. The buyer, by making a purchase, is indicating acceptance of this legal notice and agrees that OLD DOMINION ARMORY shall have no liability to purchaser or any person whatsoever for any claim, loss, damage, or expense arising from handling, use, display, or storage of the knife, sword, or similar item.
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Any help wiill be appreciated, links would also be helpful along with code sections. Jake
Link Posted: 6/4/2002 1:51:20 PM EDT
OK, I have found part of what I need. US Code, Title 15: Chapter 29, Sections 1242-1244 cover sell and interstate commerce. Now all I need to know is if my disclaimer is good enough or will I need to modify it. I hope this helps people other than myself. Jake
Link Posted: 6/4/2002 2:01:34 PM EDT
I contacted Kershaw regarding the Ken Onion knives and their legality. This line is legal everywhere but michigan if memory serves me. They aren't classified as switch blades for two reasons: 1. They do not have a button which opens them, force must be applied to the blade. 2. The spring assist does not kick in until the blade is already slightly open. Legally the spring doesn't open the knife, the knife is already open. I carry a Ken Onion knife. I stopped worrying about legality when I found them at the local Fred Meyer. As for other autos and spring assisted knives, I don't know.
Link Posted: 6/4/2002 2:11:50 PM EDT
[url=http://pweb.netcom.com/~brlevine/sta-law.htm]State Knife Laws.[/url] Also includes a history of the Federal Switchbalde law.
Link Posted: 6/4/2002 2:57:39 PM EDT
[Last Edit: 6/4/2002 3:00:56 PM EDT by GSG9]
OK hear is the next problem the code of VA contradicts itself greatly when it comes to automatic knives, daggers, throwing stars, etc... 1950 § 18.2-308 and 1950 § 18.2-311 totall contadict each other. 18.2-308 states that an individual may possess switchblades, nunchuka, throwing stars, etc. if they are bonafide collectors transporting from a shop to their home
§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. Any weapon used in the commission of a violation of this section shall be forfeited to the Commonwealth and may be seized by an officer as forfeited, and such as may be needed for police officers, conservators of the peace, and the Division of Forensic Science shall be devoted to that purpose, subject to any registration requirements of federal law, and the remainder shall be disposed of as provided in § 18.2-310. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. B. This section shall not apply to any person while in his own place of abode or the curtilage thereof. Except as provided in subsection J1, this section shall not apply to: 1. Any person while in his own place of business; 2. Any police officers, including Capitol Police officers, sergeants, sheriffs, deputy sheriffs or regular game wardens appointed pursuant to Chapter 2 (§ 29.1-200 et seq.) of Title 29.1; 3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported; 4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported; 5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
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Link Posted: 6/4/2002 3:01:14 PM EDT
but 18.2-311 states it is illegal to sell them,
§ 18.2-311. Prohibiting the selling or having in possession blackjacks, etc. If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife, or like weapons, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.
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whats the deal? [b]Help Steve-in-VA![/b]
Link Posted: 6/6/2002 9:34:54 AM EDT
btt, since I changed the topic name to get Steve's attention on this thread. Jake
Link Posted: 6/6/2002 10:16:49 AM EDT
Jake, Regarding the waiver, you need to state somewhere in there that the signor/purchasor is not waiving any claim against you for actual negligence. In VA, if you have a waiver that putatively negates liability for actual negligence, it is void as against public policy. Otherwise, it looks fine. 18.2-311 does prohibit the sale of "knucks", throwing stars, any "switchblade knife, ballistic knife, or like weapons" in the Commonwealth. The two statutes are reconcilable in that one allows limited possession while the other prohibits sale. You could have bought the items that are prohibited from sale somewhere else and then brought them into the state under one of the enumerated exceptions in 18.2-308. Email me and I'll give you my office number. I'm here till 5pm if you want to talk.
Link Posted: 6/6/2002 12:03:18 PM EDT
Steve, You've got mail. Jake
Link Posted: 6/6/2002 12:04:05 PM EDT
Steve, You've got mail. Jake
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