Nothing.

Web sources however told you the federal government is set to confiscate or criminalize possession of most pocket knives in the country, mainly focused on “assisted opening” knives. Great confusion exists between these one-hand-opening knives, reportedly 80% of the current knife market, regular pocket knives, true switchblades and the effects of both state and federal law on the subject. Page Nine readers who have removed their blinders will of course immediately recognize that the Customs and Border Protection agency cannot write or rewrite federal law, even if they’d like to. Attorney David Wong, author of Knife Laws of the 50 States clarifies the mess below.

The Uninvited Ombudsman notes however that:

Hi Alan. I believe the knives in question are assisted-openers, not automatics. The Customs and Border Protection (CBP) ruling in question apparently stems from a reversal of a prior CBP “admissibility determination” via a so-called Headquarters Ruling Letter, for a specific type of assisted-opening knives.

The federal switchblade act is found at 15 U.S.C. §1241 et. seq.; here is the index:

1241. Definitions.
1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty.
1243. Manufacture, sale, or possession within specific jurisdictions; penalty.
1244. Exceptions.
1245. Ballistic knives.
(a) Prohibition and penalties for possession, manufacture, sale, or importation.
(b) Prohibition and penalties for possession or use during commission of Federal crime of violence.
(c) Exceptions.
(d) “Ballistic knife” defined.

This takes you to the statute itself, pretty easy to read:
http://caselaw.lp.findlaw.com/casecode/uscodes/15/chapters/29/toc.html

Unfortunately, some of the stories I’ve seen about this issue contain a lot of hype and speculation. For example, “this CBP ruling will affect ‘almost every pocketknife’ in America” (or words to that effect). Well, no.  First, CBP cannot change federal law, and federal courts are quite jealous of their power to interpret federal law.

Second, many states allow possession of automatic knives (true switchblades). Thus, even if a specific knife is ruled to be a switchblade, such knife would be legal in those states. Those states that prohibit switchblades typically define via state statute (whose definitions are often, but not always, patterned after the federal wording) what a “switchblade” is.  State courts thus would look (and have looked) to their own statutory definitions and case law to determine legality of a particular knife. Many of those states thus have case law on what constitutes a statutory switchblade in those states. The CBP ruling won’t (and cannot) change that.

For those remaining states that prohibit switchblades but have not expressly defined the term either directly via statute or indirectly via case law, state courts would typically look (and have looked) at the federal definition, as well as other states’ statutory or case law, to determine whether a particular knife is a switchblade, or not.  Generally, a state court isn’t going to look at an administrative ruling from a federal agency to determine what constitutes a switchblade under that state’s law.  For knife-friendly states, I wouldn’t expect an outlandish ruling, although that of course is always a possibility. The knife-unfriendly states have all already prohibited switchblades and defined via statute or case law what constitutes same.

Finally, federal courts may look at the agency’s ruling in a particular case, but because the ruling is interpreting a federal statute and not an administrative rule, properly enacted under the Administrative Procedures Act of that agency, such interpretation isn’t entitled to, and is unlikely to be afforded, much deference by the court.

I am unaware if the importer whose admissibility determination was denied is seeking further review or appeal of the CBP ruling. That generally comes down to a business (i.e., money) decision. The CBP ruling, if it stands, will indeed have a chilling effect on imports of assisted openers, and as such knife owners should be concerned.

However, some of the hyperbole needs to be toned down to a more level-headed understanding of the impact of the CBP ruling. Could CBP try to extend their ruling to encompass non-assisted opening, i.e., “ordinary” pocket folding knives? Sure, although any such attempt is unlikely to progress very far, even with the anti-tool, anti-self-defense crowd now in charge in Washington.

The idea that the federal switchblade act bans all folding pocket knives is ludicrous on its face, and without legal or historical support. And, I suspect, without much political support either. Hope you are well, and have a great day!

Stay sharp, stay safe, David.

P.S. Knife Laws of the 50 States is a tremendous resource, look at it here:
http://www.gunlaws.com/books10knives.htm

P.P.S. For what it’s worth, the proposal is 63 pages long and reads like this: Pursuant to 19 U.S.C. § 1625(c)(1), CBP intends to revoke HQ 116315, HQ W116730, HQ H016666, and HQ H032255, and any other ruling not specifically identified that is contrary to the determination set forth in this notice to reflect the proper admissibility determination pursuant to the analysis set forth in proposed Headquarters Ruling Letters (HQs) H043122 (Attachment E)…

Nothing.

The Uninvited Ombudsman notes however that:

Responding to a request for strategy from a member of the Republican National Committee, which is developing policy to stop tsarist takeover of entire swaths of America, the Uninvited Ombudsman replied:

Tzars are not authorized by the Constitution.

Tzars represent a tyrannical exercise of power, and were fiercely hated in their homeland Russia.

Any attempt to circumvent Congress and tight congressional oversight of taxpayer funds should be treated as illegal abuse of power, with arrests and prosecutions wherever possible.

While some in the “news” media and other pundits are indignantly asking, “What’s with all the tzars?” none are calling for an end to the tzarist era, arrest of anyone acting as a tzar, or dismantling the growing tzarist networks of power. Stop tzars now. Tzars are unAmerican and should be banished. Anyone supporting tzars and their exercise of power should be socially ostracized. Don’t question tzars. Excise them.

“Czar,” which derives from Caesar, originally meant Emperor and later became equivalent of King: “a ruler who claims the same rank as a Roman emperor, with the approval of another emperor or a supreme ecclesiastical official.”  http://en.wikipedia.org/wiki/Tsar

It’s important to note the non-Judeo-Christian nature of the term: “Occasionally, the word could be used to designate other, non-Christian, supreme rulers.” op cit

Spell it tzar (or tsar or csar, all acceptable spellings) to help co-opt the term.

Tsars ruled in Bulgaria, Serbia and Russia. Is this the model Americans should follow? Not “no,” but “h*ll no.”

The very notion of power to appoint tzars is anathema, an affront to the American way of life, and indicator of disrespect for the principles of a republican form of government. Whose idea was this anyway?

Don’t make the mistake of allowing tzars to flourish and placing them under bureaucratic rules. Financial policy must be under strict oversight with no imperator at the top of the pile. Say no to tzars, period.

The RNC policy on tzars will be released soon, if they maintain their spine.

h/t Sher Z.

Well, Sarah Palin certainly added to the fireworks yesterday by announcing that she’d be resigning as Alaska Governor effective in about three weeks.

Why did she do this? After perusing the news sites this morning, there are so many theories out there that I won’t even bother to go into all of them — suffice to say that Palin’s ability to perplex and befuddle the media and commentators is as healthy as ever.

Is she finished with politics? Is she running for president? Did ACORN get her to quit? Is she going to host a game show called “You Bet’cha Life”? These questions will be answered in a short period of time.

Frankly, though I’d be disappointed to see her out of the picture in the national political scene, the blow would be softened by the knowledge that we won’t have to watch a good family being run through a cruel ringer. However, should Sarah decide to continue on into national politics, something tells me that the Palins are stronger than the ringer, so it won’t break my heart to see her run for president.

Among all the reactions to Palin’s resignation, none are more hilarious than the Democratic National Committee’s response:

DNC Spokesman Brad Woodhouse:

“Either Sarah Palin is leaving the people of Alaska high and dry to pursue her long shot national political ambitions or she simply can’t handle the job now that her popularity has dimmed and oil revenues are down. Either way – her decision to abandon her post and the people of Alaska who elected her continues a pattern of bizarre behavior that more than anything else may explain the decision she made today.”

Those who dismissed Palin as the governor of a meaningless, backwards state are now the first out of the gate to accuse her of abandoning her absolutely vital duties to that important state? Funny.

DNC cabana-boy David Gergen said this on CNN:

“I think most of us long ago gave up trying to figure out what goes on in Sarah Palin’s head.”

Coming from a guy who does understand what goes on in Joe Biden’s head, this is a compliment of the highest order.

If Palin is running for president, politically speaking, there’s little to no downside to resigning now to focus on national politics. If she’s running for president and kept the job as governor, she’d be accused of neglecting her post as she travelled the lower-48.

In other words, denying her resume an extra year and a half as Alaska governor is not going to be a deal-breaker when it comes to whether or not she’s the GOP’s nominee in 2012. Besides, more than likely, either way, Palin would carry Alaska in the general election.

Time till tell. If Sarah pops up in Iowa and New Hampshire before too long, it won’t be to hunt bears, but donkeys.

My reason to push back has nothing to do with musical adoration or cult of personality. Michael Jackson was weird, and as far as I know (with my limited knowledge of the law), weird is not illegal. Michael Jackson came from a fucked up family environment and if any of you could have come out of that totally sane, props. Michael Jackson didn't swindle billions of dollars from the unsuspecting or pass laws that confiscated hard-earned money from the public. Believe it or not, there was a time when most of us justifiably accepted Michael Jackson as The King of Pop.

It's being said that Michael Jackson was a recluse. Looking at all the leeches that've crawled out of the woodwork to latch onto his assets and children, even charging $25 to attend his memorial, can you blame the man for trying to stay clear of motivated adults and choosing to hang with children who didn't want anything from him aside from his company?

And again, Michael Jackson was found not guilty of pedophilia. Those who accused him, took the money and ran. If any celebrity did that to my kids, it wouldn't be about money, unless that was initial motivation. It would be about revenge, justice, the ruining of the career that allowed him to do it, and making sure he'd never be able to do that to anyone else's kid.

While Quincy Jones may have seen it all before (and had seen what it had done to brilliant careers), why didn't he do something? I would've.

Let me take that back. Quincy Jones DID do something: he cashed his checks.

What disgusts me by all those who once made Jackson the brunt of jokes for years (and are now seeking to profit off him), is that I've never seen so many perfect people before in my life. We all know what they say about people who live in glass houses, and in Hollywood,  those houses are paper thin. What is Peggy Lipton going to say about Quincy Jones when he dies? How many extra freelancers is TMZ going to have to lay off once the Jackson story dies down? In the meantime, so many are going to latch on and try to take as much of Michael's hard-earned money as they can.

Are you alright with that? Obviously there's nothing that can be done about it, but if I can call attention to the scum suckers who were treated very well by Michael Jackson, and now choose to bare their souls, or those who he distanced himself from and now want theirs, that I will do.

And until Michael Jackson is finally laid to rest, I will continue to give this unfortunate man the respect he deserves.

NYC Muslims push to add holidays to school year
"Push" will eventually become "demand". It always does
Powell airs doubts on Obama agenda
He endorses the other party's ticket, and now he has doubts.
Good thing he no longer leads soldiers
Mexican midget wrestlers found drugged to death in hotel; authorities eye gang of female robbers
Not too many better ways for Mexican midget wrestlers to check out
U.S. Girds for Possible North Korea Missile Launch
Again, this wouldn't have happened under W.
Cynthia McKinney Remains Imprisoned in Israel After Gaza-Bound Boat Is Seized
The US government isn't exactly A-1 priority mode to free her
Barack Obama to spend holidays in Martha's Vineyard
He's far enough away to not be inconvenienced by motorcade delays
New form of El Nino may increase Atlantic storms
New and improved, concentrated, extra strength, super size, ultimate, special, very big storms…
Putin rejects Obama criticism before meeting
Russian thugs can beat up Chicago thugs
Johnny Depp to Play Jackson in Biopic?
Cate Blanchett played Dylan so anything is possible
Sarah Palin says she's up for new presidential race
She says she can beat Obama. She's probably could have without having to drag McCain along
O: I'm the First Fan
And Off The Wall
Bush to visit small Okla. town for 4th of July
Anyone invite Obama over?
Don't look down: Terrifying view from glass box balcony jutting out from skyscraper's 103rd floor
It sounds goose-pimplage
Woman’s encounter with Bigfoot a hoax
Doesn't at least one person have to believe something before it's called a "hoax"…?
Hospital patient so shocked at dirty ward she climbed out of bed to clean it herself
Coming to America
Malia Obama's birthday: President's oldest daughter will turn 11 as thousands descend on White House lawn for 4th of July
It's no longer all about the nation

You know this must be driving the Palin haters nuts.

Gov. Sarah Palin of Alaska announced Friday that she would step down by the end of the month and not seek a second term as governor, fueling speculation that she is seriously weighing whether to seek the Republican nomination for president in 2012.

Note: There is a poll embedded within this post, please visit the site to participate in this post’s poll.

It's been requested that I also post the text…

Frankenvote
As Americans, we have pride in things that make us what we are. One of those things are us bragging about our having the most free and fair elections in the world. We offer to stick our noses into other countries’ counts because we always get it right… or do we?

On Tuesday, the Minnesota Supreme Court awarded the United States Senate seat to former comedian-Air America talk show host, Democrat Al Franken over the Republican incumbent Norm Coleman.

Now, let me open an old wound to set up my point.

In 2000, George W. Bush won the presidential election, but as the count was close, Al Gore’s team picked Florida as the place to go to war. Despite successfully having the absentee votes of hundreds of soldiers overseas tossed out, a selective recount in a heavily Democrat district, George W. Bush still won.

A point never recited by the “Bush stole the election” crowd was that over a dozen independent news agencies also monitored and (in some cases) recounted those ballots and Bush was still victorious. If only ONE news agency found a Gore win, don’t you think we would’ve heard about it?

I think so.

But to this day, the liberals still whine about “2000” as a stolen election. We’ll if what happened to Norm Coleman happened to Al Gore, I’d say they would’ve had a case, of course the left is gloating today because, like the spoiled children they are, they got their way this time.

When the vote was counted November fourth, Norm Coleman had a 725-vote lead over Al Franken. After the Democrats got to mess with things, toss out overseas absentee ballots again, and a few more recounts, Al Franken had a 312-vote lead that was certified by the Minnesota Supremes.

With that, I’ll make my points.

First, to our men and women overseas, let’s be real. The Democrat Party may indeed care about your safety and welfare, but they sure could give a damn about your vote as they routinely do everything possible to toss them out when necessary.

Second, between ACORN illegally padding voter registration with phantom Democrats, and now finding votes in Minnesota that weren’t there before, the Democrat Party should be the last people screaming about stolen elections and count-every-vote as they seem to be getting pretty good at one and aren’t very good about the other.

Lastly, I only think it logical that the integrity of our whole election system should be called into question.

How you can have a one thousand point swing from the first count to the last recount, means either that count can be easily manipulated to a desired outcome, or it wasn’t done properly in the first place.

Think about it. While the left declares Barack Obama has this huge mandate, he only won with 53% of the vote… or did he?