Benchmade Factory Sharpening?

[Ambu]

So I picked up a Benchmade auto that could definitely use some touch up work on the edge and the blade itself is a little stained. From what I understand, it was a department issue and so it saw some use. How do I go about shipping it back to Benchmade? Will I be in any legal trouble because Indiana is not an auto friendly state?

 

[! twitty]

 

[cubby]

if you send it, i don't think they won't send it back to a state which prohibits automatic knives. lawyers would dictate that, i believe......

 

[Bradsknives]

Benchmade will not ship it back unless you are military, LEO, or a direct dealer with them regardless of which state you live in.

From Benchmade's website:
Any automatic knife returned for Warranty or LifeSharp service from outside of Oregon must also include either a signed copy of the "Auto Knife Opening Acknowledgement Form", your web account username if you have already accepted the AKO Acknowledgement, or be returned through an authorized Benchmade dealer. No exceptions will be made.

 

[jbombelli]

Department issue? Which department, I wonder, is in the habit of issuing their officers items that are illegal to possess, even by police officers?

 

[Ambu]

Department issue? Which department, I wonder, is in the habit of issuing their officers items that are illegal to possess, even by police officers?

I was under the impression that the knives aren't illegal to possess, just to carry? Am I breaking the law by simply having it in my house?

 

[jbombelli]

Per IC 35-47-5-2,

it is a Class B misdemeanor to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a blade that:

1) Opens automatically; or
2) May be propelled;

By hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife.

Having it at home to the best of my knowledge is "possession".

Also, as above, the law does NOT exempt police officers. It's a misdemeanor for THEM to have one, too.

 

[Double T]

IC also says it's illegal to have even if you pull the spring out...gravity knife clause.

 

[eldirector]

jbombelli nailed it.

It is illegal to own an auto in Indiana.

Correct me if I am wrong, but isn't a switchblade also "non-mailable"?
Changes to Federal Switchblade Act : American Knife and Tool Institute

 

[rat-man]

Someone ought to tell that to Fry's Electronics up on the NE side of Indy, who sells Gerber FAST (assisted opening) knives. Someone I might know might have bought one there... unlucky law breaker...

Per IC 35-47-5-2,

it is a Class B misdemeanor to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a blade that:

1) Opens automatically; or
2) May be propelled;

By hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife.

 

[eldirector]

Assisted opening <> Auto opening.

For instance, the SpeedSafe on a Kershaw knife isn't a button. You have to actually start the blade moving manually, and then a spring will help push it after a certain point. FAST appears to be similar.

 

[jbombelli]

IC also says it's illegal to have even if you pull the spring out...gravity knife clause.

The "gravity knife" language is only found in the section entitled "Possession of a Knife On School Property" and it only applies on school property, school buses, and special purpose buses as defined.

 

[PointFiveO]

The "gravity knife" language is only found in the section entitled "Possession of a Knife On School Property" and it only applies on school property, school buses, and special purpose buses as defined.

The second portion about a blade that may be propelled would still apply in the above case, yes?

 

[jbombelli]

The second portion about a blade that may be propelled would still apply in the above case, yes?

The prohibition on possession on school property actually includes, and I quote, "as used in this section, "knife" means an instrument that:

1) Consists of a sharp edged or sharp pointed blade capable of inflicting cutting, stabbing, or tearing wounds; and
2) Is intended to be used as a weapon.

From there it goes on to mention things, like gravity knives, daggers, switchblades, etc. as specifically included in the definition of "knife" and since they are specifically included, the part about "...intended to be used as a weapon" doesn't matter.

Now the IC doesn't actually define "dagger", "dirk", "poniard", "stiletto", "switchblade knife" OR "gravity knife" that I can find. The only places those terms appear is in that particular section, and there's no listed definition. So I'll guess that they can be twisted to include literally ANYTHING that can be remotely considered as a knife at all.


At least that's how *I* read it.

 

[PointFiveO]

Colleges aren't included in that definition of "schools" right?

Parting from the idea of schools for a moment... Where do balisongs sit in legality? Is it just an interstate commerce issue?

 

[jbombelli]

Colleges aren't included in that definition of "schools" right?

Parting from the idea of schools for a moment... Where do balisongs sit in legality? Is it just an interstate commerce issue?

To the best of my knowlege, "school" applies to K-12, just like in regard to guns.

Balisongs seem fine under Indiana law, and I can't recall any federal prohibition (otherwise Benchmade and Spyderco and others wouldn't make them) either. I think you just can't mail them through USPS. I remember hearing some time back that Spyderco paid a big fine for shipping them via USPS.

 

[Ambu]

So...basically...I can't ship this or sell it legally

 

[eldirector]

So...basically...I can't ship this or sell it legally

Or keep it. Correct.

I sense a terrible boating accident in your near future.

 

[Bradsknives]

I was under the impression that the knives aren't illegal to possess, just to carry? Am I breaking the law by simply having it in my house?

In Indiana, you can not possess or own an auto knife

IC also says it's illegal to have even if you pull the spring out...gravity knife clause.

This is not true.

Someone ought to tell that to Fry's Electronics up on the NE side of Indy, who sells Gerber FAST (assisted opening) knives. Someone I might know might have bought one there... unlucky law breaker...

The Gerber FAST knives are assisted opening and are perfectly legal in Indiana.

So...basically...I can't ship this or sell it legally

You can ship using UPS or FedX, you can not ship using the United States Postal Service.

 

[cubby]

In Indiana, you can not possess or own an auto knife


This is not true.


The Gerber FAST knives are assisted opening and are perfectly legal in Indiana.


You can ship using UPS or FedX, you can not ship using the United States Postal Service.

i just wanna give you a big hug!