Thanks To the Efforts Of RoadsideImports

RoadsideImports first had to file Cases against Paypal to make them compliant to the law.  It began with filing a Better Business Bureau Case 253339.  The refusal to allow such items being sold violated California State law.  RoadsideImports filed a formal complaint to the FTC for unfair trade practices and then filed a formal case to the California District Attorneys Office.  The United States District Attorney's office was also notified of this problem as well.  The fact that sales of items that were legal in all 50 states and not mentioned in their user policy forced Paypal to become compliant and allow the sales of Spring Assist Knives.  RoadsideImports.com was told,"our decision will not be reversed" and "your account will not be reinstated under any circumstances"  Wow big words from Paypal.  Then after the San Jose BBB stepped in with all the other case information, they changed and RoadsideImports.com was told, "A further review of your account and your auction listings shows that you are in compliance with our Acceptable Use Policy" and "A review of your account shows that your limitation appeal was granted due to a recent change in our Acceptable Use Policy"  Even after the case was final they still won't admit their error and lied because the policy never changed, they simply were forced to adhere to the California Penal Code Laws 653k and Bill SB 274, thanks to the help of the San Jose Better Business Bureau's Office.

These are the emails from Paypal"s Executive Escalations Department & PayPal's Acceptable Use Policy Department

Watch how they are forced to comply by the help of the San Jose Better Business Bureau's Office.

Initial Email Before Case was filed.

Wed, 12 Jul 2006
Dear Mr. J. B.,

Thank you for contacting PayPal, my name is Michelle and I am with PayPal's Executive Escalations.  I sincerely apologize for the frustration this matter has caused. I have reviewed your account and would like to offer the following information in response to your inquiry.

As you are aware, you account was permanently closed on April 24, 2006, due to a violation of PayPal's Acceptable Use Policy.  Specifically, PayPal noted that you were selling knives that we deemed in violation.  According to your inquiry, you indicated that you had observed that others were selling these same knives.   I understand that you disagree with out decision to close your account as you feel that a spring assisted knife is not a switch blade.  PayPal's Acceptable Use Policy specifically states that we consider spring assisted knives are considered to be switchblades.  I empathize with the situation you find yourself in, however our decision will not be reversed.

In your inquiries, you have also provided us with a list of other individuals who are listing similar knives.  While we certainly understand your frustration regarding this matter, please rest assured and realize that the PayPal Acceptable Use Policy Department is a well trained and qualified group of individuals who approach their work with the utmost of concern, consideration, and discretion.  I can certainly understand your concern with other websites or auctions that you may have come across that offer items that could potentially be in violation.  Should your attorney wish to conduct an independent search on websites regarding sales that potentially violate PayPal's AcceptableUse Policy, please forward this information to us at aup@paypal.com and we will investigate the matter and take appropriate action, if necessary.

I thank you for bringing violating auctions to our attention.  We will review all the information surrounding the auctions and investigate the matter thoroughly.

Again Mr. B., I sincerely apologize for any inconvenience this situation has caused.  Please feel free to contact me directly at crme@paypal.com if you have any further questions or concerns.

Sincerely,
Michelle
Executive Escalations
PayPal, an eBay Company
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Fri, 14 Jul 2006
Dear J. B.,

Thank you for contacting PayPal's Acceptable Use Policy department.

While we always appreciate our customer's assistance in helping to identify AUP Violations, you have indicated that your repeated emails are an attempt to force us to reopen your account.

As stated clearly in previous emails, your account will not be reinstated under any circumstances. Your case has been escalated to the top management
in the AUP Department. This decision is final. Since we have no further information to offer you, and conversely, you have no new information to
offer us (other than your demands to close other accounts or re-open yours), this will be the last communication you will receive from this department.

Since you also have repeatedly threatened legal action, please direct any further inquiries to crme@paypal.com.

While we certainly understand your frustration regarding this matter, at this time, we consider the subject closed.

Sincerely,
PayPal Acceptable Use Policy Department
PayPal, an eBay Company
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Now observe the change that occurs because of the cases filed.

Tue, 01 Aug 2006
Dear J. B.,

A further review of your account and your auction listings shows that you are in compliance with our Acceptable Use Policy.  The knives you are currently selling all have the thumb hole or thumb screw clearly visible on the blade itself.  These knives are no longer considered a violation of our Acceptable Use Policy.  I have lifted the limitation on your PayPal account.

We thank you for your cooperation in this matter and apologize for any inconvenience caused.

If you have any further questions, please contact the PayPal Acceptable Use Policy Department at aup@paypal.com.

Sincerely,
PayPal Acceptable Use Policy Department
PayPal, an eBay Company

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Tue, 01 Aug 2006
Dear J. B.,

Thank you for contacting PayPal, my name is Jennifer and I am with PayPal's Executive Escalations.  I sincerely apologize for the frustration this matter has caused. I have reviewed your account and would like to offer the following information in response to your inquiry.

I sincerely apologize for any frustration this matter has caused. A review of your account shows that your limitation appeal was granted due to a recent change in our Acceptable Use Policy. However, your account was originally limited in accordance with our Acceptable Use Policy and thus PayPal will not be able to reimburse your for any loss of sales or time due to actions taken by PayPal in accordance with our User Agreement. Should you choose to seek to resolve any outstanding issues through legal means, PayPal will handle any legal inquiry received.

If you have any further questions or require assistance, please feel free to contact us at crme@paypal.com, or 1-888-221-1161.

Sincerely,
Jennifer
Executive Escalations
PayPal, an eBay Company
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Laws On Spring Assist Knives

LEGAL LAWS & STATE STATUTES OF CALIFORNIA
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The rules on "what is a legal pocketknife versus a switchblade" are contained in Penal Code 653k.  In it's entirety (current effective 1/1/2002):

    653k: Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor.

    For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever.  "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.
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Bill SB 274, clarifies the definition of a one-hand opening knife so they are not wrongly classified as switchblades. Bill SB 274 clearly states: For the purposes of this section, switchblade knife means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. Definition of Switchblade knife does not include a knife that is designed to open with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife utilizes a detent or other mechanism that (a) provides resistance that must be overcome in opening the blade, or (b) biases the blade back toward its closed position. In order to ensure that only legitimate one-handed opening knives are covered, SB 274 narrows the language to only allow knives to fall under the exemption from the switchblade law if that one-handed opening knife contains a detent or similar mechanism. Such mechanisms ensure there is a measure of resistance that prevents the knife from being easily opened with a flick of the wrist. Moreover, a detent or other mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open.


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    Published in the July 18, 2001 edition of the Senate Daily Journal on page 2070.

    DRAFT - LETTER TO THE SENATE DAILY JOURNAL

    July 5, 2001

    Mr. Gregory Schmidt
    Secretary of the Senate

    Dear Greg:

    The purpose of this letter is to express the Legislature’s intent in enacting my SB 274, which makes amendments to Penal Code Section 653k.

    Section 653k makes it a misdemeanor to make, sell or possess upon one’s person a switchblade in California. The statute was enacted in 1957 and provides a length definition of a switchblade knife. In 1996, AB 3314 (Ch. 1054) an exemption was created for one-handed folding knives. Recently, there has been concern that the language of the exemption is broadly read to apply to knives that are essentially switchblades, but are designed to fall under the language of the exemption.

    In order to ensure that only legitimate one-handed opening knives are covered, SB 274 narrows the language to only allow knives to fall under the exemption from the switchblade law if that one-handed opening knife contains a detent or similar mechanism. Such mechanisms ensure there is a measure of resistance (no matter how slight) that prevents the knife from being easily opened with a flick of the wrist. Moreover, a detent or other mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open.

    Although some one-handed opening knives can be opened with a strong flick of the wrist, so long as they contact a detent or similar mechanism that provides some resistance to opening the knife, then the exemption is triggered. These knives serve an important utility to many knife users, as well as firefighters, EMT personnel, hunters, fishermen, and others utilize one-handed opening knives.

    The exemption created in 1996 was designed to decriminalize the legitimate use of these extremely functional tools by law-abiding citizens. SB 274 is not intended to interfere with those knife owners and users. The amendments to Section 653k accomplish this important purpose by establishing more objective criteria for determining whether a knife meets the intended exemption to the switchblade law.

    Sincerely,
    BETTY KARNETTE
    Senator, 27th District

To find out more information please Google Search RoadsideImports

Now if a female State Senator realized that Spring Assist Knives are extremely functional tools by law-abiding citizens and that these knives serve an important utility to many knife users, as well as firefighters, EMT personnel, hunters, fishermen, and others who utilize one-handed opening knives, then the prohibition of such items is obstruction to justice & complete disregard to the laws of California who is the governing body over Paypal and eBay, because they are San Jose based companies.

Get the facts straight these are intended to save lives while an EMT, Firefighter, or Law Enforcement Officer is trying to get you out of an automobile accident or any other viable problem.  They have saved skydivers lives that had to cut parachute lines.  They have saved countless fishing poles when a line is needed to be cut.  They are also essential to handicap individuals whom happen to have one arm.  Special Thanks to Senator Betty Karnette is in order because if it were not for her we would loose more of our rights in this country and also not have tools that are lifesaving instruments.


Click here to see a visual demonstration of Spring Assist Knives