Federal Switchblade Act | American Knife and Tool Institute (2023)

Federal Switchblade Act | American Knife and Tool Institute (1)Federal Switchblade Act | American Knife and Tool Institute (2)

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

Federal Switchblade Act | American Knife and Tool Institute (3)

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.

(Video) The Federal Switchblade Act (Title 15, Chapter 29)

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;

(Video) The BANNED Italian Switchblade! [What You Need To Know]

(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

(Video) US Government To Ban Pocket Knives June 30th 2009 - All One Handed Opening Knives To Be Made Illegal

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

(Video) Illinois Knife Laws

(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.

(Video) The Gun Dr. - Switchblades Legal In Illinois

FAQs

Is the Federal switchblade Act still in effect? ›

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.

How much time can you get for a switchblade? ›

Under California Penal Code 21510, possession of a switchblade is a misdemeanor and its penalties are up to 6 months in county jail and/or up to a $1,000 fine. Penalties may vary for the possession of other restricted knives.

What is the Federal switchblade Act repeal? ›

AKTI's Freedom of Commerce Act, S. 1588, will repeal the Federal Switchblade Act of 1958 (15 U.S.C. § 1241 – 1244) and allow consumers to purchase any automatic knife legal in their state, regardless of where it was manufactured.

Is an OTF knife considered a switchblade? ›

For the uninformed, OTF knives are a type of switchblade – that is, an automatic knife which deploys the blade 'automatically' on pressing a button or switch. Specifically, the OTF knife is a switchblade where the blade simply comes 'out the front'.

Can you carry a knife for self defense in the US? ›

7. Can you defend yourself with a pocket knife in California? It is legal in California for people to carry folding knives – such as a pocket knife – in the folded position. And it is legal for people to defend themselves with a pocket knife as long as they act reasonably.

What state has the strictest knife laws? ›

California is known for having rather complicated weapon laws, and knives are no exception. It is completely unlawful to bring a weapon into public spaces like schools, public buildings, and any property owned by the U.S government.

What is the longest switchblade knife? ›

If you're trying to impress a mugger Dundee-style, it would be hard to top the Marfione Custom HALO V 3X — a giant switchblade. With its 13.75-inch tanto (yes, the Samurai sword) blade, this elephantine knife-sword unleashes from its titanium draw bar at the push of a button.

When did switchblades become illegal in the US? ›

1958, Congress enacted the federal Anti-Switchblade Act, which banned interstate sale of switchblades, and outlawed them in federal territories or on federal waters. Because few states had domestic switchblade factories at that time, the federal act made it illegal to purchase switchblades in most states.

How much does a good switchblade cost? ›

Their price can range anything from five hundred bucks to over a grand. That's what top knife manufacturers would charge for the best switchblade knives.

Why are switchblades illegal in the US? ›

The law came in response to their perceived use by juvenile delinquents and gangs and associated media coverage, as well as by the 1958 passage of the Switchblade Knife Act in the United States.

Does 2nd Amendment apply to knives? ›

Knives are clearly among the “arms” which are protected by the Second Amendment. Under the Supreme Court's standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense.

Can you bring a switchblade into the US? ›

Switchblade knives and other spring-loaded knives are prohibited and may be subject to seizure (there is an exception for one-armed persons). According to the Federal Switchblade Act, folding knives with a blade bias toward closure are not considered switchblades.

Are OTF knives legal in all 50 states? ›

OTF knives are generally legal to own, sell, and carry at the federal level as long as the restrictions regarding shipping and interstate commerce are respected. Most knife laws in the United States are state-level regulations.

Is a spring assisted folding knife a switchblade? ›

An assisted opening knife, sometimes called a spring-assisted knife, is a knife that springs open only after the blade is slightly pushed open with force. Unlike the switchblade, nothing holds down the assisted opening knife when it's in the closed position.

Do butterfly knives count as switchblades? ›

In California, butterfly knives are prohibited. Under California Penal Code 21510 PC, butterfly knives are classified as a form of switchblade. Carrying, possessing in public, selling, or otherwise transferring a butterfly knife is illegal under this legislation.

What happens if I stab someone in self-defense? ›

All in all, even if you stab or kill someone out of self defense and don 't deny you did, you will likely find yourself in a trial. However, if you can prove there was legal justification for self defense at the time you will not be punished.

What happens if you use a knife in self-defense? ›

Some people who are not willing to carry a gun will carry a knife thinking it a less legally-serious option. While it may fit different carry laws, using a knife in self-defense is still generally considered lethal force in the same way deploying a firearm is considered lethal force.

Can to bring a knife to an gun fight? ›

"Bring a knife to a gunfight" is an idiom in the English language that means to be poorly prepared for a given situation.

What is the knife capital of the United States? ›

Why Portland, Oregon, is the Knife-making Capital of the U.S. It's home to more knife companies than any other U.S. city.

What is the longest knife you can carry in public? ›

Types of Knives You Can Typically Legally Carry

Knives that are usually legal to carry almost anywhere include multi-tool devices, Swiss Army knives, and utility knives, and knives with blades that are shorter than 2.5 inches.

What size blade can you carry? ›

It is an offence to carry any sharp or bladed instrument in a public place, with the exception of a folding pocket knife where the cutting edge of the blade is 7.62 cm (3 inches) or less.

Who makes the best switchblade knife? ›

Best Switchblades & Automatic Knives: 2021
  • Best Rescue Auto: Benchmade Triage.
  • Best Side-Switch OTF: Microtech Combat Troodon.
  • Best Cover-Switch OTF: Benchmade Infidel.
  • Best Lightweight OTF: Hogue Compound.
  • Best CA-Compliant OTF: Microtech Exocet.
  • Best CA-Compliant Folding Auto: Hogue A01-Microswitch.

What knife brand stays sharp longest? ›

Carbon steel knives are known to keep their sharp edges longer than most and make chopping, slicing and shaving safer and easier.

What is the maximum blade length in us? ›

In the State of California, there is no maximum length for knives in general. However, the maximum legal length for a switchblade knife is 2 inches. Additionally, it is illegal to carry daggers or dirks concealed, and also illegal to carry many types of knives which are designed for concealment.

Who made the first switchblade knife? ›

The first automatic blades were made by European smiths in the mid-18th century and they were used as folding spike bayonets on flintlock and coach guns.

What knife is illegal in the US? ›

Frequently Asked Questions About Knives

Possession of switchblades, pilum ballistic knives, metal knuckle knives, cane swords, and “Kung Fu stars” is prohibited. Some knives are not illegal, but become illegal based upon how they are used or possessed.

Why are gravity knives illegal? ›

A knife is not illegal because it is designed to open by the force of gravity and lock into place; the knife is illegal when it actually does open by the force of gravity and locks into place by means of a procedure used by the District Attorney's office to identify a gravity knife, called the “wrist flick test.”

Can I buy a switchblade online? ›

Federal law prohibits the shipment of 'injurious articles'—which includes automatic knives. The penalty for breaking this law is a fine or imprisonment for not more than one year. However, there is no federal restriction on shipment of automatic knives by common/contract carriers, such as FedEx and UPS.

How much does a switchblade 300 cost? ›

“As Switchblade 300 systems cost approximately $70,000 per aircraft….

What is a true switchblade knife? ›

A switchblade is a kind of knife that has a folding or sliding blade that is stowed in the handle. A switchblade is usually spring-loaded and opens automatically when a button or switch on the handle is pressed.

Can Military own switchblades? ›

Active military and law enforcement officers are permitted to carry automatic knives in most states.

Does the military use switchblades? ›

The AeroVironment Switchblade is a miniature loitering munition, designed by AeroVironment and used by several branches of the United States military.
...
AeroVironment Switchblade
Switchblade 300 launched by a US Army soldier
TypeLoitering missile
Place of originUnited States
Service history
18 more rows

Are stiletto knives illegal? ›

Remember though, the stiletto is only banned or restricted in 16 states and is legal in states from coast to coast, between the borders, and even in Alaska. It's just important to check your local knife laws to make sure they are allowed to be owned and carried.

What weapons are not covered by the 2nd Amendment? ›

Importantly, the Supreme Court has clearly stated that the Second Amendment does not protect assault weapons. District of Columbia v. Heller, 554 U.S. 570, 624-25, 627-28 (2008). Circuit Courts have applied Heller to uphold state and local laws banning the possession of assault weapons and/or large ammunition clips.

What weapons are not protected by the Second Amendment? ›

Heller specifically affirmed the National Firearms Act's restrictions on machine guns and sawed-off shotguns, concluding that the Second Amendment does not protect “those weapons not typically possessed by law-abiding citizens for lawful purposes such as short-barreled shotguns.”

Does the Second Amendment allow citizens to own guns? ›

The Second Amendment of the U.S. Constitution guarantees a "right of the people to keep and bear arms." However, the meaning of this clause cannot be understood apart from the purpose, the setting, and the objectives of the draftsmen.

Can you fly with a switchblade? ›

In general, you are prohibited from traveling with sharp objects in your carry-on baggage; please pack these items in your checked baggage. For more prohibited items, please go to the 'What Can I Bring?' page.

Can I cross the border with a pocket knife? ›

Mexico's Strict Weapons Laws

This also includes knives, swords, and any other type of weapon. If you are caught carrying any of these items, you will be subject to prosecution and could face jail time.

Can I put a knife in my checked bag? ›

Checked Bags: Yes

Except for plastic or round bladed butter knives. Any sharp objects in checked bags should be sheathed or securely wrapped to prevent injury to baggage handlers and inspectors.

Can civilians Buy OTF knives? ›

There is no Federal restriction on the sale of auto-open knives 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.

Can you still buy switchblades? ›

We carry many styles of switchblades including Italian stilettos, side opening automatic knives, out the front knife, leverlettos, and more. Shop 1000+ spring-loaded automatic knives.

Can automatic knives be shipped across state lines? ›

Federal law prohibits shipment of automatic knives across state lines, with the following exceptions: 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.

Do spring Assisted Knives open in your pocket? ›

The locking mechanism for a spring-assisted knife is also important. Quality assisted opening knives should never close accidentally when they are fully opened. On the other hand, it also shouldn't pop open inside your pocket.

Is a stiletto a switchblade? ›

Most of these switchblades were side-opening designs, though some employed a telescoping blade. These Italian switchblades were commonly and popularly referred to as stilettos, since most incorporated a long, slender blade tapering to a needle-like point, together with a slim-profile handle and vestigial cross-guard.

Is a folding knife a switchblade? ›

Most pocket and folding knives are not switchblades, however, it is illegal to carry any of these if the knife is in public view and is in a locked position.

What states are gravity knives illegal? ›

Delaware is the lone state currently with an explicit ban on gravity knives. Maryland has an odd law where it is legal to own a gravity knife but illegal to both conceal carry and open carry the blade. It's also illegal to conceal carry in North Dakota and West Virginia.

What is the difference between a gravity knife and a switchblade? ›

New York law defines a gravity knife as a knife with the blade in the handle that can be opened with a one‐handed flick of the wrist. They differ from switchblades, which use a spring to propel the blade into an open position automatically with the push of a button.

Does the US military still issue knives? ›

Originally introduced during the 1960's / Vietnam era, the M-2205 (NSN #5110-00-162-2205) is the current issue and still widely in use by US military as well as NATO forces around the world.

When was the switchblade banned? ›

1958, Congress enacted the federal Anti-Switchblade Act, which banned interstate sale of switchblades, and outlawed them in federal territories or on federal waters. Because few states had domestic switchblade factories at that time, the federal act made it illegal to purchase switchblades in most states.

Can a civilian buy an automatic knife online? ›

Federal law prohibits the shipment of 'injurious articles'—which includes automatic knives. The penalty for breaking this law is a fine or imprisonment for not more than one year. However, there is no federal restriction on shipment of automatic knives by common/contract carriers, such as FedEx and UPS.

What knife does the Navy SEALs use? ›

Ontario MK 3 Navy Knife

The U.S. Navy Seals commonly deploy this knife. It features a stainless steel blade which is approximately 6 inches in length. The knife blade is about 7 inches long and resembles its predecessor, Buck 184.

What do Marines call Army guys? ›

What do Marines call soldiers? Three such words are “gyrenes,” “jarheads,” and “grunts.” Their times of origin and usage differ somewhat, but each has the same role in the Marine Corps culture. They have become a source of pride for all Marines.

What knife is issued to Marines now? ›

The Ka-Bar USMC fighting knife is a legendary blade that was first designed to serve US troops during World War II. Now, more than 50 years later it still offers the same high-quality design you can depend on. It boasts a 1095 carbon steel blade that is epoxy powder coated and a stacked leather handle.

What are switchblades called now? ›

While the word “switchblade” might conjure up imagery of tough guys in the 1950s with leather jackets and stiletto knives, it's just another term for “automatic knife.” Automatic knives range from the iconic Italian stiletto to the modern OTF (out the front).

Is my knife a switchblade? ›

U.S. Code Title 15, Sect. 1241 defines switchblade knives as any knives which open "1) by hand pressure applied to a button or other device in the handle of the knife, or any knife having a blade which opens automatically; (2) by operation of inertia, gravity, or both".

Can you mail a switchblade? ›

If you're a dealer or manufacturer of switchblade knives, you would still only be able to mail switchblade knives to procurement officers representing civic, county, state and federal governments. Mailpieces with switchblade knives should not be identified as such on the outside of the parcel.

Who makes the best switchblade? ›

Best Switchblades & Automatic Knives: 2021
  • Best Rescue Auto: Benchmade Triage.
  • Best Side-Switch OTF: Microtech Combat Troodon.
  • Best Cover-Switch OTF: Benchmade Infidel.
  • Best Lightweight OTF: Hogue Compound.
  • Best CA-Compliant OTF: Microtech Exocet.
  • Best CA-Compliant Folding Auto: Hogue A01-Microswitch.

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