Collapse to view only § 1245. Ballistic knives
- § 1241. Definitions
- § 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty
- § 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
- § 1244. Exceptions
- § 1245. Ballistic knives
§ 1241. DefinitionsAs 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.)
§ 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.
(Pub. L. 85–623, § 2, Aug. 12, 1958, 72 Stat. 562.)
§ 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.
(Pub. L. 85–623, § 3, Aug. 12, 1958, 72 Stat. 562.)
§ 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.
(Pub. L. 85–623, § 4, Aug. 12, 1958, 72 Stat. 562; Pub. L. 111–83, title V, § 562, Oct. 28, 2009, 123 Stat. 2183.)
§ 1245. Ballistic knives
(a) Prohibition and penalties for possession, manufacture, sale, or importation
(b) Prohibition and penalties for possession or use during commission of Federal crime of violence
(c) Exceptions
(d) “Ballistic knife” defined
(Pub. L. 85–623, § 7, as added Pub. L. 99–570, title X, § 10002, Oct. 27, 1986, 100 Stat. 3207–167; amended Pub. L. 100–690, title VI, § 6472, Nov. 18, 1988, 102 Stat. 4379.)