REPEAL THE 1958 FEDERAL SWITCHBLADE ACT
Switchblade (auto, auto-open, automatic, switch) Knives
- Automatic knives are legal in 46 states, with various restrictions regarding commerce, blade length, or carry in some 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
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What the Freedom of Commerce Act will do
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State Laws Regarding Automatic Knives
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Don’t Believe the Myths About Automatic Knives
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AKTI Introduces Freedom of Commerce Act
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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 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).
- No federal restriction exists on the ownership, possession, or carrying of a switchblade knife. Some states have enacted laws regarding switchblades (see State Laws Regarding Auto-Open Knives), but the majority of states allow auto-open knives.
- There is no Federal restriction on the sale of auto-open knives within the 50 states. However, some state laws restrict the sale of 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).
After Knife Rights v. Garland, AKTI has reviewed the Federal Switchblade Act (FSA) again and now notes the following:
- There remains no federal prohibition on possessing or carrying automatic knives in non-restricted areas or outside the narrow prohibitions listed in 15 USC 1243;
- That individual buyers should exercise caution when purchasing prohibited knives that are shipped from other states or a foreign country;
- In-person purchases are likely legally safer; and
- Charges brought under the FSA would likely face strong challenges pursuant to Bruen.
Here are the details, in brief, explaining AKTI’s advice on this issue.
Overview of Interstate Commerce
The FSA makes it a crime to “introduce” a prohibited knife (autos, gravity knives, and ballistic knives) into “interstate commerce.” 15 USC 1241. This phrase, “interstate commerce,” does NOT exclusively mean a transaction between businesses. See Scarborough v. United States, 431 US 563, 571 (1977). It is a broader legal concept related to the constitutional authority for Congress to pass laws that impact all of the states. US v. American Bldg. Maintenance Industries, 422 US 271, 279-280 (1975). This jurisdictional term simply “that the [item] ha[s] been, at some time, in interstate commerce” by traveling between states Scarborough v. United States, 431 US 563, 575 (1977)(defining “interstate commerce” as a jurisdictional element for federal criminal cases generally and firearm crimes specifically). Interstate commerce can be proven by having an item travel between states, even if the person is unaware that it did so. Taken together, Knife Rights v. Garland and Scarborough make clear that an aggressive prosecutor could charge someone with a federal crime for purchasing a prohibited knife that is shipped from another state or a foreign country to them because such a purchase must “introduce” the knife into “interstate commerce.” That is, by causing the item to be shipped from another state or country, the person making the purchase is violating 15 USC 1242.Problems with How the FSA is Applied
Adding to this lack of clarity in the FSA is the fact that we have very little information on whether prosecutors actually charge individuals and what the circumstances are when they do. Prior to Garland there was a single case of an individual be prosecuted under the FSA in all the reported federal case and that case was nearly 40 years old. Garland made clear that the FSA was not a dormant statute, however, referencing four contemporaneous prosecutions at the time the case was decided in June of 2024. No details on those prosecutions were provided either in the Court Order or the Government’s brief. Furthermore, the aforementioned singular FSA case, United States v. Nelson,859 F.2d 1318 (8th Cir. 1988), involves the prosecution of an individual for ordering knives from another state or country. This supports AKTI’s current interpretation of the FSA–namely that causing prohibited knives to be shipped from another state or country constitutes introducing said knives into interstate commerce. We do not have a meaningful sample size of FSA cases involving the prosecution of individuals. We know they happen, based on Nelson and Garland. We just don’t know what the circumstances are. As such, AKTI, post-Garland, recommends that buyers exercise caution when shipping or causing prohibited knives to be shipped from another state or country to them.In-person Purchases
Buying such knives in-person is likely a safer option (provided, of course, that the knife is legal in the state where it is bought and where it will later be possessed), because some other entity other than the individual buyer caused the knife to be “introduced” into “interstate commerce.” All the buyer did was purchase it at its final destination. Taking that knife home, even if home in another state, likely does not meet the broad definition of interstate commerce.Bruen Strengthened
It is also highly likely that any such prosecutions would be subject to a Bruen challenge. Massachusetts, in Commonwealth v. Canjura, SJC-13432, recently did the most thorough examination of the legality of auto knife bans in the country and determined that such bans are unconstitutional under Bruen. Their analysis and the court’s reputation as a thought leader among courts means that their opinion is likely to carry more weight with future courts than opinions from other courts.Conclusion
This extreme lack of clarity on how the FSA is applied to individuals is yet another reason why the FSA should be repealed. Laws that grant prosecutors unbounded discretion are the enemy of a free and law-abiding citizenry. Finally, if you or someone you know is charged with a violation of the FSA, please contact AKTI immediately.
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 includes AKTI’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 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), 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) of section 1244 of this title with 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 such knife will not violate this section. (h) Any advertising, promotional, or sales matter that 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. Codes at the Office of Law Revision Counsel.