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Volume 72 · 563

Public Law 85–623

To prohibit the Introduction, or manufacture for introduction, into Interstate commerce of switchblade knives, and for other purposes.

Approved August 12, 1958

Statutory text

AN ACT

To prohibit the Introduction, or manufacture for introduction, into Interstate commerce of switchblade knives, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That as used in this Act—

(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.

Sec. 2.

Whoever knowingly introduces, or manufactures for introduction,

Penalty.

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.

Sec. 3.

Whoever, within any Territory or possession of the United

Territorial jurisdiction.

States, within Indian country (as defined in section 1151 of title 18 of the United States Code),

62 Stat. 757; 63 Stat. 94.

or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18

62 Stat. 685; 66 Stat. 589.

of the United States Code), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

Sec. 4.

Sections 2 and 3 of this Act shall not apply to—

Exceptions.

(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; or

(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.

Sec. 5.

Section 1716 of title 18 of the United States Code is amended

Nonmailable knives.

by inserting immediately after the sixth paragraph thereof the following new paragraph:

“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

Regulations.

postmaster, letter carrier, or other person in the postal service. Such knives may be conveyed in the mails, under such regulations as the Postmaster General 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, Territory, or the District of Columbia ordering, procuring, or purchasing such knives in connection with the activities of such organizations;

“(3)

to supply or procurement officers or employees of the municipal government of the District of Columbia or of the government of any State or Territory, or any county, city, or other 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 Postmaster General may require, as a condition of conveying

Requirement for mailing.

any such knife in the mails, that any person proposing to mail such knife explain in writing to the satisfaction of the Postmaster General that the mailing of such knife will not be in violation of this section.”

Sec. 6.

This Act shall take effect on the sixtieth day after the date

Effective date.

of its enactment.

Approved August 12, 1958.

Parsed from the official Statutes at Large USLM XML in 72.xml