[Date]

Dear Senator or Representative [insert name]:

I am asking for your support to oppose U.S. Customs’ proposal to re-interpret the Switchblade Knife Act of 1958 – Customs proposes to criminalize modern assisted-opening knives by defining them as “switchblades” under the federal law.  Criminalization of these tools is unconscionable.  These convenient modern tools are used by active and reserve military, EMTs, police, firemen, sportsmen, handymen, hikers, bikers, hunters, and fishers and have been commonly sold for years in any number of retail outlets such as AAFES, Wal-Mart, Target, Dick’s, Big-5, Cabela’s, Gander Mountain and Bass Pro, as well as thousands of independent retail outlets all over the United States.  Although the law is more than 50 years old, these types of knives have never before been considered switchblades.  

[Please Personalize]  I/we own/operate a [type of business] in [city, state].  [Add any other information that will reveal the importance of your company and the jobs you provide … size of business as revenue number, number of employees, number of locations, etc.]

When Congress drafted the Switchblade Knife Act of 1958, it defined “switchblades” narrowly to outlaw a very specific set of knives that open “automatically” because they have a bias toward opening.  In these knives the blade is released at the instant the release button is pressed.

Assisted-opening knives do not open automatically, but rather have a bias toward closure that must be overcome with a significant manual maneuver. 

Customs proposes to re-interpret the meaning of the Switchblade Knife Act of 1958.  This artifice quite simply contradicts the intent of Congress. Assisted-opening knives are legal in 50 states.   Indeed, state court cases in California, Texas, Illinois and Michigan have explicitly ruled that assisted-opening knives are not switchblades.  On May 29, 2009 Texas lawmakers unanimously approved a new state law protecting one-hand-openers and assisted-openers as legal tools.  

If the proposed revocation goes into effect, businesses will close, jobs will be lost and millions of law-abiding Americans will be put in jeopardy for carrying their knives across state lines or arrested for mere possession of such banned items.  The change in classification would make the mere possession of such knives a felony; thus rendering thousands of US citizens criminals under the federal law. 

According to the American Knife & Tool Institute (AKTI), an association serving all segments of the sporting knife industry, the U.S. sporting knife industry has a $5.9 billion total annual economic impact on the U.S. economy.  Approximately 19,405 related jobs and 3,881 direct U.S employees at 61 companies would be affected. AKTI estimates that sales of assisted-openers and one-hand-opening knives have been 80 percent of total U.S. knife sales during the past five years. Our current economic crisis cannot afford even a minor ripple due to a negative Customs’ decision.

Customs claims that there are “intrinsic health and public safety concerns”, however, Customs does not identify what these concerns may be.  This is because such concerns simply do not exist.  These goods are tools commonly used by the general public as rescue knives, utility knives, hunting knives, pocketknives, and gardening implements.

U.S. Customs proposal will cause the federal law to conflict with and possibly preempt the many state laws that currently allow assisted-opening knives.  However, the states are better situated to regulate these tools according to the needs of their citizens – rather than U.S. Customs.  There is no reason that farmers in Idaho, fishermen in Oregon, and sailors in Hawaii, or sportsmen in Arizona should have their knives banned by a federal bureaucrat in Washington D.C.

Finally, please note that U.S. Customs suddenly published this proposal on May 22 with only 30 days for public comment.  The agency has denied several hundred requests for an extension of the time for comments.  Even before comments have been received, an agency official has stated that given opposition to the proposal, Customs is prepared to let the judiciary decide the issue.  In forcing costly and drawn-out litigation, our company will certainly be devastated and thousands of industry jobs lost.  This is because importations of the goods will be prohibited, and domestic sales and indeed mere possession of the knives may be considered federal crimes.

Please review this proposed sea-change in the law that now threatens to destroy an entire industry.  
We respectfully request that you please contact Secretary Napolitano of Homeland Security and Jayson P. Ahern, Acting Commissioner of U.S. Customs and Border Protection. They have apparently directed Sandra L. Bell, Executive Director, Regulations and Rulings, Office of International Trade, to take this position against the sporting knife industry and more than 35 million law-abiding Americans who use folding knives every day for their jobs and recreation. 
We urge that by July 21, 2009, when Customs is expected to issue a ruling, you impress on DHS and CBP that this policy is unjust, unnecessary, contrary to the law and contrary to the intent of Congress.
Sincerely,

[your name and contact information]