impounded assisted knife

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Gshock300 · #1 Post by **Gshock300** » Thu May 10, 2007 6:59 pm

Hey guys,

just wondering if anyones had an assisted knife seized before and if youve managed to dispute it and get it back.

apparently.. this is the current legislation:

Flick knives or similiar device, made of any material, that have a blade folded or recessed into the handle which opens automatically by:

a) gravity or centrifugal force; or
b) pressure applied to a button, spring or device in or attatched to the handle of the device.

I rang customs and the girl said that as she understood it... that meant that there was some sort of device in the handle that helped open the blade and it didnt matter how much it helped.. whether it be 1% or 100% like a flick knife.
I said that to me.. it sounds like the release had to be attatched to the handle of the device ie. button..lever etc.
An assisted knife has to have manual pressure applied to the blade itself which doesnt fall in the same category but she disagreed.

any ideas?

thanks

jape · #2 Post by **jape** » Thu May 10, 2007 7:17 pm

I find that talking to Keith Spencer at Australian Knife Collectors on laws and regulations is best, he has contacts in the various departments as well and has advised on laws and interpretation. I think you can get exemption if you are disabled and can show a usage, or are a member of Rescue/Security/Armed Forces but I am working from memory of an earlier debate elsewhere - so ask Keith and support him if you appreciate his assistance by joining the AKC (only $25 a year).

http://www.knivesaustralia.com.au/akc-homepage.html

TEL: 08 9572 7255 FAX: 08 9572 7266

jindydiver · #3 Post by **jindydiver** » Thu May 10, 2007 7:41 pm

An assisted opening knife (like the kershaw Ken Onion series) is not a "flick knife" and is legal under the Customs act. Whoever it is you spoke to is talking out their backside and needs to go get themselves a job at a sheltered workshop. The Customs officer who is holding your knife is overstepping their authority if they think it is up to them to add whatever definition they feel like to the regulations.

Ring Kieth Spencer, he will set them straight.

Gshock300 · #4 Post by **Gshock300** » Thu May 10, 2007 9:00 pm

its a buck rush and i tried to explain to the customs girl how an assisted is different to a flick knife but she refused to listen so i gave up.
ive got 30 days to lodge a form to try to get the knife released...ARGH!

Ill give Keith a call, thanks guys!

just out of curiousity... has he managed to get confiscated assisteds released before?

jindydiver · #5 Post by **jindydiver** » Thu May 10, 2007 9:46 pm

Gshock300 wrote:
just out of curiousity... has he managed to get confiscated assisteds released before?

Yes

They have no legal grounds to hold your knife.

Gshock300 · #6 Post by **Gshock300** » Thu May 10, 2007 10:12 pm

awesome.. thanks guys.... ill call him tomorrow.

Gshock300 · #7 Post by **Gshock300** » Fri May 11, 2007 2:27 pm

hey guys,

does anyone have another contact no for keith?
no one is picking up the no that was posted.

thanks

jape · #8 Post by **jape** » Fri May 11, 2007 3:31 pm

Keep trying, be patient. They travel on business and they also put together a magazine which gets to be 24 hr. job near deadline.

Oh ... and don't forget there is a time-zone difference, that could be it!

Shadow · #9 Post by **Shadow** » Fri May 11, 2007 7:25 pm

You could also send an urgent email and leave you contact number. I know Keiths' Daughter, Samantha, checks them regularly. She, or another member of the family could get keith to call you maybe.
Customs people can be absolute...Pric...retards sometimes!

Gshock300 · #10 Post by **Gshock300** » Fri May 11, 2007 7:45 pm

she got back to me... apparently hes going to be away till the 22nd. Doh!
They gave me 30 working days from the 8th to claim the knife back so hopefully he might be able to do something

fingers crossed.

hardgainer · #11 Post by **hardgainer** » Sat May 12, 2007 8:33 am

The problem here may be that Buck actually refer to the Rush in their promo's as a "advanced spring assisted performance blade".....good luck customs can be pretty bloody minded in going to battle. It sure is not a Flick Knife
Tony S.

jindydiver · #12 Post by **jindydiver** » Sat May 12, 2007 10:21 am

It isn't a problem at all. The assisted opening knives are not covered by the definition of "flick knives" that is in the Prohibited weapons act, and if that knife is a prohibited weapon then every knife seller in Australia who is selling assisted openers in their shop is breaking the law. Seeing as we aren't seeing knife shops being raided by Customs or the Federal Police you can be sure that assisted openers are fully legal to import and own in Australia.

Schedule 1 Prohibited weapons

(Section 4 (1))

1 Knives

(1) A flick knife (or other similar device) that has a blade which opens automatically by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife.

from the Customs (Prohibited Imports) Regulations 1956

19 Flick knives or similar devices, made of any material, that have a blade
folded or recessed into the handle which opens automatically by:
(a) gravity or centrifugal force; or
(b) pressure applied to a button, spring or device in or attached to the
handle of the device

Gshock300 · #13 Post by **Gshock300** » Sun May 13, 2007 10:03 am

thats what i said to the customs girl and her reply was "yes... they probably are selling them illegally in the country then"
the guy from the community protection said the same thing, "there are things that arent allowed in the country but are beeing sold anyway".

Im just going to wait for keith and get his opinion. hopefully he can do something about my Rush.

hardgainer · #14 Post by **hardgainer** » Tue May 15, 2007 10:59 am

I know adding this is no real help in your situation but if you are looking for a real easy opening/closing (one hander) the older Buck Ghost Tactical is being sold pretty cheap 40/50 AUD $ in some Oz shops. Its not Buck USA made but seems pretty reasonable Quality/same guarantee's and a easy opener.Assuming you dont mind a camo blade.

Chuditch · #15 Post by **Chuditch** » Fri Apr 04, 2008 6:08 pm

I had a triple action folder (like a bali song) taken from me by customs which I put down to bad luck and a lesson to be learnt. I do remember the letter from customs saying that I could try to dispute the decision but it was unlikely that I would be succesful or words to that effect.... It just seemed a bit harsh, like they were heavying me or something.

for an easy open folder I rate the spyderco endura wave, it has a neat little 'wave' on top of the blade that catches in your pocket and hey presto knife is open. Nice because it does not spring out completely open and you can choose to return it to the folded position or open it completely with a little flick of the wrist. Good for one handed operation if you need it.

woody · #16 Post by **woody** » Fri Apr 04, 2008 10:51 pm

Can you go up the food chain at customs, ie, her boss, and find some one who reads the legal defininition literally and not by personal interpretation.

I have a Puma Prince locking folder, which has a fairly deep blade. By holding the back of the blade between thumb and finger and giving it a downwards flick, hey presto. 4" of clip point blade in 1/2 a second.

And mine is legal............

Just to be clear, mine is my bunny knife

Bali song knives are Butterfly knives and are designed purely for anti social purposes, it is no wonder it was confiscated.

They are a lousy shape for a hunting blade anyway in my opinion.

Chuditch · #17 Post by **Chuditch** » Fri Apr 04, 2008 11:50 pm

Woody

I had a triple action folder (like a bali song) taken from me by customs which I put down to bad luck and a lesson to be learnt.

At the time I had the knife in question imported they were still available for legal sale in Australia. Note that I said it is like a bali song.

jindydiver · #18 Post by **jindydiver** » Mon Apr 07, 2008 9:32 am

woody wrote:
Bali song knives are Butterfly knives and are designed purely for anti social purposes, it is no wonder it was confiscated.

They are a lousy shape for a hunting blade anyway in my opinion.

Balisongs can come in all the blade shapes we use in hunting, and they are not "designed purely for anti social purposes", the handles are just another form of sheath for the blade. If there was a definition of "designed purely for anti social purposes" the bayonet would be right up there, but you don't see them restricted, the problem is that law makers are only human and they were scared after seeing West Side Story and thought that banning a knife would prevent all gang crime

MrRecurve · #19 Post by **MrRecurve** » Mon Apr 07, 2008 8:44 pm

This is such a joke. Has customs looked at the Leatherman range of knives lately? At least 3 models have the "cam" style assisted opening that you action with your thumb. I was handling one in King of Knives last night.