U.S. Code » Title 15 » CHAPTER 29— MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES

15 U.S.C. § 1241

Definitions

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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.(Pub. L. 85–623, § 1, Aug. 12, 1958, 72 Stat. 562.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 85–623, which enacted sections 1241 to 1244 of this title and amended section 1716 of Title 18, Crimes and Criminal Procedure.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 85–623, § 6, Aug. 12, 1958, 72 Stat. 563, provided that: “This Act [enacting this chapter and amending section 1716 of Title 18, Crimes and Criminal Procedure] shall take effect on the sixtieth day after the date of its enactment [Aug. 12, 1958].”

Short Title of 1986 Amendment

Pub. L. 99–570, title X, § 10001, Oct. 27, 1986, 100 Stat. 3207–166, provided that: “This title [enacting section 1245 of this title, amending section 1716 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 1245 of this title] may be cited as the ‘Ballistic Knife Prohibition Act of 1986’.”

Short Title

Pub. L. 85–623, Aug. 12, 1958, 72 Stat. 562, which enacted this chapter, is popularly known as the “Federal Switchblade Act”.

Notes of Decisions
Cited in 13 cases, 1962–2014 · leading case: Stewart A. Taylor v. United States, 848 F.2d 715 (6th Cir. 1988).
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Stewart A. Taylor v. United States, 848 F.2d 715 (6th Cir. 1988). · cites it 3× “Taylor, d/b/a Taylor Cutlery Manufacturing Company (“Taylor”), and seized by the United States Customs Service, are not switchblade knives within the meaning of 15 U.S.C. § 1241 (b) and 19 C.F.R. § 1295 (a)(1).”
Crowley Cutlery Co. v. United States & Comm'r of Customs of the United States Customs Serv., 849 F.2d 273 (7th Cir. 1988). “In this improbable suit, Crowley Cutlery Company asked a federal district court in Illinois for a declaration that the Switchblade Knife Act, 15 U.S.C. §§ 1241 et seq., which forbids the importation of switchblade knives or their interstate transportation or distribution,…”
Taylor v. McManus, 661 F. Supp. 11 (E.D. Tenn. 1986). · cites it 2× “He asks the Court to declare that Balisong knives are not switchblades within the meaning of the Switchblade Knife Act ( 15 U.S.C. § 1241 (b)) and the regulations promulgated by the Secretary of the Treasury at 19 C.”
In the Interest of Doe, 828 P.2d 272 (Haw. 1992). · cites it 3× “However, the history of the statute does reveal that the statute is based on the Federal Switch Blade Knife Act, 15 U.S.C. § 1241 . We note that the Act’s definition of “switchblade knife” is identical to HRS § 134-52.”
Edna Fall v. Esso Stand. Oil Co., 297 F.2d 411 (5th Cir. 1962). “§ 1241 (b), defines the term “switchblade knife” 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. Pub.L. 85-623 § 1 , Aug.”
United States v. Glen Murphree (85-5382), 783 F.2d 605 (6th Cir. 1986). “Appellants claim that the Switchblade Knife Act ( 15 U.S.C. § 1241 et seq.) is vague and overbroad and thereby unconstitutional; that there was not sufficient evidence beyond a reasonable doubt to support the jury verdict on Counts 4, 6 and 8; and that the trial court committed…”
Precise Imports Corp. v. Kelly, 218 F. Supp. 494 (S.D.N.Y. 1963). · cites it 2× “This controversy stems from the decision by defendant Kelly, who is the Collector of Customs for the Port of New York (“the Collector”), to exclude from the United States knives imported by plaintiffs on the ground that they are “switchblade knives” within the meaning of 15…”
Bingham, Ltd. v. William French Smith, 774 F.2d 1069 (11th Cir. 1985). “, sought injunctive and declaratory relief against defendant (hereinafter referred to as the government) for the latter’s allegedly unconstitutional interpretation of 15 U.S.C. § 1241 et seq. ..., the “Switchblade Knife Act,” as applied to appellants.”
J. C. Penney Co. v. United States Treasury Dep't, 439 F.2d 63 (2d Cir. 1971). “2d 465 (1967), it was held that jurisdiction existed in the District Court for a suit challenging the Collector’s exclusion of imported knives on the ground that they were switchblades within the *68 meaning of 15 U.S.C. §§ 1241 and 1242. The suit was permitted because these…”
Bingham, Ltd. v. Edwin Meese, III, 817 F.2d 98 (11th Cir. 1987). · cites it 2× “brought this action for declaratory and injunctive relief against Edwin Meese, III, as Attorney General of the United States, and several other defendants, seeking an interpretation of the Switchblade Knife Act, 15 U.S.C.A. §§ 1241 et seq. Specifically, Bingham asked the…”
Precise Imports Corp. v. Kelly, 378 F.2d 1014 (2d Cir. 1967). “At the jury trial of their action for a declaratory judgment and an injunction, plaintiffs read into the record a one-sentence pretrial stipulation of the parties that “the knives involved in this action do not open automatically by button, inertia, gravity, or any combination…”
State v. Strange, 785 P.2d 563 (Alaska Ct. App. 1990). “Knife Act which defines a switchblade knife at 15 U.S.C. § 1241 (b) as follows: 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…”
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