15 U.S.C. § 1245 — Ballistic knives

Page 1361 TITLE 15—COMMERCE AND TRADE § 1261 (Pub. L. 85–623, § 4, Aug. 12, 1958, 72 Stat. 562; Pub. L. 111–83, title V, § 562, Oct. 28, 2009, 123 Stat. 2183.) Editorial Notes AMENDMENTS 2009—Par. (5). Pub. L. 111–83 added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as a note under section 1241 of this title. § 1245. Ballistic knives (a) Prohibition and penalties for possession, manufacture, sale, or importation Whoever in or affecting interstate commerce, within any Territory or possession of the United States, within Indian country (as defined in sec- tion 1151 of title 18), or within the special mari- time and territorial jurisdiction of the United States (as defined in section 7 of title 18), know- ingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, or imprisoned not more than ten years, or both. (b) Prohibition and penalties for possession or use during commission of Federal crime of violence Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or impris- oned not less than five years and not more than ten years, or both. (c) Exceptions The exceptions provided in paragraphs (1), (2), and (3) of section 1244 of this title with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section. (d) ‘‘Ballistic knife’’ defined As used in this section, the term ‘‘ballistic knife’’ means a knife with a detachable blade that is propelled by a spring-operated mecha- nism. (Pub. L. 85–623, § 7, as added Pub. L. 99–570, title X, § 10002, Oct. 27, 1986, 100 Stat. 3207–167; amend- ed Pub. L. 100–690, title VI, § 6472, Nov. 18, 1988, 102 Stat. 4379.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–690, § 6472(1), substituted ‘‘in or affecting interstate commerce, within any Terri- tory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), know- ingly possesses, manufactures, sells, or imports’’ for ‘‘knowingly possesses, manufactures, sells, or im- ports’’. Subsec. (b). Pub. L. 100–690, § 6472(2), struck out ‘‘or State’’ after ‘‘Federal’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–570, title X, § 10004, Oct. 27, 1986, 100 Stat. 3207–167, provided that: ‘‘The amendments made by this title [enacting this section, amending section 1716 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 1241 of this title] shall take effect 30 days after the date of enact- ment of this title [Oct. 27, 1986].’’ CHAPTER 30—HAZARDOUS SUBSTANCES Sec. 1261. Definitions. 1262. Declaration of hazardous substances. 1263. Prohibited acts. 1264. Penalties; exceptions. 1265. Seizures. 1266. Hearing before report of criminal violation. 1267. Injunctions; criminal contempt; trial by court or jury. 1268. Proceedings in name of United States; sub- penas. 1269. Regulations. 1270. Examinations and investigations. 1271. Records of interstate shipment. 1272. Publicity; reports; dissemination of informa- tion. 1273. Imports. 1274. Remedies respecting banned hazardous sub- stances. 1275. Toxicological Advisory Board. 1276. Congressional veto of hazardous substances regulations. 1277. Labeling of art materials. 1278. Requirements for labeling certain toys and games. 1278a. Children’s products containing lead; lead paint rule. § 1261. Definitions For the purposes of this chapter— (a) The term ‘‘territory’’ means any territory or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico but excluding the Canal Zone. (b) The term ‘‘interstate commerce’’ means (1) commerce between any State or territory and any place outside thereof, and (2) commerce within the District of Columbia or within any territory not organized with a legislative body. (c) The term ‘‘Commission’’ means the Con- sumer Product Safety Commission. (d) Repealed. Pub. L. 110–314, title II, § 204(b)(4)(A), Aug. 14, 2008, 122 Stat. 3041 (e) The term ‘‘person’’ includes an individual, partnership, corporation, and association. (f) The term ‘‘hazardous substance’’ means: (1)(A) Any substance or mixture of sub- stances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal in- jury or substantial illness during or as a proxi- mate result of any customary or reasonably foreseeable handling or use, including reason- ably foreseeable ingestion by children. (B) Any substances which the Commission by regulation finds, pursuant to the provisions of section 1262(a) of this title, meet the re- quirements of subparagraph (1)(A) of this para- graph. (C) Any radioactive substance, if, with re- spect to such substance as used in a particular class of article or as packaged, the Commis- sion determines by regulation that the sub- stance is sufficiently hazardous to require la-