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OldMarineVet

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Posts posted by OldMarineVet

  1. I understand that this new state law doesn't have a preemption clause. While that might be a problem when coming up against a Home Rule municipality that has it's own ban, it won't be an issue when it comes up against a non-Home Rule municipality that has a ban. State law overrides any non-Home Rule municipality's law when there is a conflict.

     

    I don't know how many non-Home Rule municipalities have a ban on the books, but I figured this should be considered.

    That's good to know, Hazborgufen. Interesting the Addison report made a point of that: "Based on this as we are a home rule community our ordinance supersedes State law."

     

    Makes sense. Might others be able to chime in on the above? It would certainly be good news.

  2.  

     

    Keep posting those local Chicago area switchblade bans!

     

    Like those "no gun" places, I have no desire to shop, eat or visit a city or shop that bans weapons that are now completely legal in the state!!!

     

    Besides that, I'm always looking for excuses to not visit the Chicago area!

    Good idea, please keep posting local switchblade laws and I'll gather them. It looks like there's more of them than we thought! If so, this could help our representatives leverage a knife law preemption bill. I start maintaining a document for our use also.

     

    Send me a PM with the name of the township and law if you don't want to publish personal information beyond me. I just received an email on this one in Addison. Only prohibits selling switchblades:

    =================================================================

    Sec. 21-3. Sale, etc., of Certain Knives.

    It shall be unlawful for any person to sell, offer for sale or possess for the purpose of selling any knife, the blade of which shall open or be exposed by any push button, spring or mechanical device. (Ord. 70-32)

     

    "Based on this as we are a home rule community our ordinance supersedes State law."

     

    Sticky time....

     

    Anywhere in the far NE IL selling auto knifes?

     

    Not yet (new thread coming)
  3. Keep posting those local Chicago area switchblade bans!

     

    Like those "no gun" places, I have no desire to shop, eat or visit a city or shop that bans weapons that are now completely legal in the state!!!

     

    Besides that, I'm always looking for excuses to not visit the Chicago area!

    Good idea, please keep posting local switchblade laws and I'll gather them. It looks like there's more of them than we thought! If so, this could help our representatives leverage a knife law preemption bill. I start maintaining a document for our use also.

     

    Send me a PM with the name of the township and law if you don't want to publish personal information beyond me. I just received an email on this one in Addison. Only prohibits selling switchblades:

    =================================================================

    Sec. 21-3. Sale, etc., of Certain Knives.

    It shall be unlawful for any person to sell, offer for sale or possess for the purpose of selling any knife, the blade of which shall open or be exposed by any push button, spring or mechanical device. (Ord. 70-32)

     

    "Based on this as we are a home rule community our ordinance supersedes State law."

  4. Out the front. I've never had an expensive knife. Is a $200 knife that much better than one for $50 or is it kind of like red wine? Better, but mainly an extravagance?

    The major difference I've seen is the steel used for the blade. I constantly sharpen SOG knives, but it's rare for me to sharpen a Benchmade knife. Have not sharpened a Benchmade knife twice yet. Just a quick stropping on a leather strap and they are shaving sharp again. There are other reasons (locking, design, and fit/finish) but the better steel is a constant reminder to me. Benchmade is not the only company that makes expensive, high-quality knives. I've just had good luck with them.
  5.  

    Is it true that Chicago's ban still applies?

     

     

    After reading the Chicago Code above, my opinion is the current Chicago's switchblade ban still applies. So would any other township's ban if there is one. The recently approved Illinois state law does not include preemption. Just my opinion.

    I have no intention of checking local ordinances.

     

    If I can carry a knife (for lawful purpose) and a fully loaded handgun (CCL), there's zero reason I shouldn't be able to carry a knife that's easier to deploy should I need it.

     

    Sent from my SAMSUNG-SM-N920A using Tapatalk

     

    Understood. Personally, I'd rather not get into self-defense discussion regarding my knife carry. Why get into the intent in Illinois knife laws? It's just a "tool" for me. Why would I go to a knife for self-defense if I'm carrying firearm(s)? My knife is only a tool I use throughout the day. That really is my intent for my knife. Especially opening packages.

  6.  

    Is it true that Chicago's ban still applies?

    After reading the Chicago Code above, my opinion is the current Chicago's switchblade ban still applies. So would any other township's ban if there is one. The recently approved Illinois state law does not include preemption. Just my opinion.

     

    Here's latest Knife Rights newsletter that has some questions/answers regarding the new Illinois law. One says Chicago's switchblade ban stands for lack of preemption.

     

    http://campaign.r20.constantcontact.com/render?m=1103550698648&ca=a5ee79ff-47b8-4fcc-9da1-7afeadfe834f

     

    Doug responded to my question about pursuing Illinois preemption: "HA! Way ahead of you. :=) That will likely be an even tougher fight, but you never know."

     

    So he's at least considering it.

  7. Per an on-line vendor (BladeHQ):

     

     

    "Hello,

     

    Thanks for your email. As long as it is legal for you to receive the knife we can ship it to you. For you area we do require verification of your active duty military or law enforcement status. You can do this by sending us a picture of your law enforcement ID or sending us an email from your .mil email address.

    You can verify any of your local legalities by speaking with a legal advisor or a member of law enforcement. If you have any further questions please let me know.

    Thanks again,

     

    Eric L

    Customer Service Agent

    Warranty Specialist"

     

    So I would guess they are following their existing shipping restrictions.

    which are following the restrictions of the Federal Switchblade Act.

     

    That's why they say "For you area we do require verification of your active duty military or law enforcement status. You can do this by sending us a picture of your law enforcement ID or sending us an email from your .mil email address." They need that proof for all legal states outside of their state.

     

    See posts #272 through #274 above.

  8. In the AIK ordering process the following is one of the Terms and Conditions:

     

    "By purchasing below retail cost, purchaser is considered a bonafide dealer as described in United States Federal Regulations 18 USC 1716 (g) (2) (1-4) and as such represents and states that sales will not be made to the general public, but only be made to those individuals and entities described in 18 USC 1716 (g) (2) (1-4) and 15 US 1244 (2-4) and any other local, state or federal laws regarding the ownership of such item purchased."

     

    Can anyone help me understand this? This involves the US Mail. Is it saying that if I order from them I am declaring myself a dealer? Or does it mean I won't resell unless I am a dealer?

     

    Can anybody help?

     

     

    I think this paragraph would not apply to people buying at AIK's retail price published on their website. You could call them to be sure.

  9.  

     

    The liability is on the seller, not the buyer. That said, a lot of manufacturers won't honor their warranty if the recipient doesn't qualify for one of the federal exemptions. For example, if you ship a knife to Benchmade for warranty service or as part of their LifeSharp program, they simply won't ship the knife back to you unless you include a signed form. Lots of internet advise on forums advocate for a less than honest approach to the issue. The better alternative is to find a dealer in your state who is willing to be a middleman.

    You said "they simply won't ship the knife back to you unless you include a signed form."

     

    That "simple"/"signed form" ensures you are compliant with the Federal Switchblade Act. Nothing simple about it.

     

    Agreed. I wouldn't advocate fraud which is why I mentioned finding a dealer within the state.

     

    I will point out that it isn't to ensure that the customer is compliant with the Federal Switchblade Act though. It's to ensure that the shipper is. That's what I meant by "liability is on the seller not the buyer."

     

    And when I said that Benchmade would simply not ship you back your knife, I mean that pretty literally. It's spelled out in their warranty terms. If you ship them an automatic knife without a form, they'll keep the knife as if you surrendered it to them. Simple as that.

     

    Understood. Thank you for taking the time to clarify for me.
  10. I don't suppose there is a compiled list of municipal statutes which might prohibit possession of a switchblade knife, is there? As I understand it, this law provides no preemption. Quite a patchwork of local laws to sift through...

    Agreed. This law provides no preemption. Doubt if any list of Illinois municipal statutes exists. Once this law settles in, I will ask the chairman of Knife Rights if he will now be pursuing knife law preemption for Illinois. Some states he has got preemption with the switchblade bill. Others he's done it in 2 steps.
  11. The liability is on the seller, not the buyer. That said, a lot of manufacturers won't honor their warranty if the recipient doesn't qualify for one of the federal exemptions. For example, if you ship a knife to Benchmade for warranty service or as part of their LifeSharp program, they simply won't ship the knife back to you unless you include a signed form. Lots of internet advise on forums advocate for a less than honest approach to the issue. The better alternative is to find a dealer in your state who is willing to be a middleman.

    You said "they simply won't ship the knife back to you unless you include a signed form."

     

    That "simple"/"signed form" ensures you are compliant with the Federal Switchblade Act. Nothing simple about it.

  12. Looks like Blade HQ is out of Utah. I believe interstate shipments between states are still governed by an antiquated Federal Switchblade Law. Here's good explanation:

     

    https://kniferights.org/resources/federal-switchblade-act/

     

    I'd suggest buying an automatic knife from providers who reside in Illinois (if you reside in Illinois.) Several mentioned throughout this thread...

     

    Even if you purchase from Illinois dealer, the Federal Switchblade Law could still bite you if your knife needs warranty work.

     

    For example, if you bought an automatic Benchmade knife from an Illinois dealer. Benchmade resides in Oregon. You'd have to deal with that same Federal Switchblade Act if you needed to send that knife to Benchmade for warranty work (or free sharpening) and for them to send it back. You should ensure your Illinois dealer will be a middleman for Benchmade warranty work (i.e. you send to him, he sends to Benchmade, Benchmade returns to him, and he returns to you.)

  13. Yes, tab. Telling Illinois' success to the rest of America.

     

    Remember, it was Knife Rights, Chairman, Doug Ritter, who provided testimony for our supporting Illinois politicians.

     

    Here's the full newsletter with other news if anybody is interested.

     

    http://campaign.r20.constantcontact.com/render?m=1103550698648&ca=27ab8e20-9d8f-46ca-b0e2-4ee29b29e56e

  14. Sorry -- I am still a tad confused on the SHIPPING end of things from internet stores. The two I have checked require the federal exception certification. Is this going to be a problem?

    Not sure. But as said above, check out Adams International Knifeworks. They are in Illinois so their Illinois deliveries should not be constrained by federal law. By agreeing to AIK's terms/conditions at checkout (see below), you will be taking full responsibility for your local legalities.

     

    =========================================

     

    Terms & Conditions

     

    Release, Assumption of Risk, Waiver of Liability and Indemnity Agreement: Purchaser agrees that it is his or her responsibility , (not AIK-Adams Intl Knifewoks LLC), to ascertain and obey all applicable local, state, and federal laws with regard to possession and use of any items purchased from this site. Buyer agrees to consult their local and state laws before ordering. Buyer agrees that by placing this order, he or she has reached the legal age of 21, and that the product ordered will be used only in a lawful manner , and hereby releases the seller, (AIK-Adams Intl Knifeworks LLC), from any and all liability that may stem from any misuse, either directly or indirectly, of the product purchased.

     

    By purchasing below retail cost, purchaser is considered a bonafide dealer as described in United States Federal Regulations 18 USC 1716 (g) (2) (1-4) and as such represents and states that sales will not be made to the general public, but only be made to those individuals and entities described in 18 USC 1716 (g) (2) (1-4) and 15 US 1244 (2-4) and any other local, state or federal laws regarding the ownership of such item purchased.

  15. I don't recall having to ever provide a Drivers License beyond a FOID card to purchase a firearm. I called an FFL to confirm only a FOID card is required for to purchase a firearm.

     

    Then for the heck of it, I called "On Target", Crystal Lake, and asked specifically what was required from an active duty service member who has a non-resident military FOID card. I was told just a FOID card.

     

    Then for the heck of it, I called Gander Mountain, Algonquin, and was told all of what you said was needed (FOID, DL, and copy of orders) The guy said that's how he was taught. Can't find a main number for Gander Mountain so I can't say if that's Gander policy or if I happened to take to the same guy as you.

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