Enrolled HB 33: Amending certain provisions of criminal law prohibiting the manufacture, sale, transfer, or possession of switchblades and gravity knives; adding definitions of "gravity knife" and "switchblade" to the criminal law; and reserving to the state, with limited exceptions for municipalities, the authority to regulate knives.
00Enrolled HB 33 01 Amending certain provisions of criminal law prohibiting the manufacture, sale, transfer, or 02 possession of switchblades and gravity knives; adding definitions of "gravity knife" and 03 "switchblade" to the criminal law; and reserving to the state, with limited exceptions for 04 municipalities, the authority to regulate knives. 05 _______________ 06 * Section 1. AS 11.61.210(a) is amended to read: 07 (a) A person commits the crime of misconduct involving weapons in the 08 fourth degree if the person 09 (1) possesses on the person, or in the interior of a vehicle in which the 10 person is present, a firearm when the person's physical or mental condition is impaired 11 as a result of the introduction of an intoxicating liquor or a controlled substance into 12 the person's body in circumstances other than described in AS 11.61.200(a)(7); 13 (2) discharges a firearm from, on, or across a highway; 14 (3) discharges a firearm with reckless disregard for a risk of damage to
01 property or a risk of physical injury to a person under circumstances other than those 02 described in AS 11.61.195(a)(3)(A); 03 (4) manufactures, possesses, transports, sells, or transfers metal 04 knuckles; 05 (5) [MANUFACTURES,] sells [,] or transfers a switchblade or a 06 gravity knife to a person under 18 years of age without the prior written consent 07 of the person's parent or guardian; 08 (6) knowingly sells a firearm or a defensive weapon to a person under 09 18 years of age; 10 (7) other than a preschool, elementary, junior high, or secondary 11 school student, knowingly possesses a deadly weapon or a defensive weapon, without 12 the permission of the chief administrative officer of the school or district or the 13 designee of the chief administrative officer, within the buildings of, on the grounds of, 14 or on the school parking lot of a public or private preschool, elementary, junior high, 15 or secondary school, on a school bus while being transported to or from school or a 16 school-sponsored event, or while participating in a school-sponsored event, except that 17 a person 21 years of age or older may possess 18 (A) a deadly weapon, other than a loaded firearm, in the trunk 19 of a motor vehicle or encased in a closed container in a motor vehicle; 20 (B) a defensive weapon; 21 (C) an unloaded firearm if the person is traversing school 22 premises in a rural area for the purpose of entering public or private land that is 23 open to hunting and the school board with jurisdiction over the school 24 premises has elected to have this exemption apply to the school premises; in 25 this subparagraph, "rural" means a community with a population of 5,500 or 26 less that is not connected by road or rail to Anchorage or Fairbanks or with a 27 population of 1,500 or less that is connected by road or rail to Anchorage or 28 Fairbanks; or 29 (8) being a preschool, elementary, junior high, or secondary school 30 student, knowingly possesses a deadly weapon or a defensive weapon, within the 31 buildings of, on the grounds of, or on the school parking lot of a public or private
01 preschool, elementary, junior high, or secondary school, on a school bus while being 02 transported to or from school or a school-sponsored event, or while participating in a 03 school-sponsored event, except that a student may possess a deadly weapon, other 04 than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student 05 has obtained the prior permission of the chief administrative officer of the school or 06 district or the designee of the chief administrative officer for the possession. 07 * Sec. 2. AS 11.61.220(a) is amended to read: 08 (a) A person commits the crime of misconduct involving weapons in the fifth 09 degree if the person 10 (1) is 21 years of age or older and knowingly possesses a deadly 11 weapon, other than an ordinary pocket knife or a defensive weapon, 12 (A) that is concealed on the person, and, when contacted by a 13 peace officer, the person fails to 14 (i) immediately inform the peace officer of that 15 possession; or 16 (ii) allow the peace officer to secure the deadly weapon, 17 or fails to secure the weapon at the direction of the peace officer, 18 during the duration of the contact; 19 (B) that is concealed on the person within the residence of 20 another person unless the person has first obtained the express permission of 21 an adult residing there to bring a concealed deadly weapon within the 22 residence; 23 (2) knowingly possesses a loaded firearm on the person in any place 24 where intoxicating liquor is sold for consumption on the premises; 25 (3) being an unemancipated minor under 16 years of age, possesses a 26 firearm, switchblade, or gravity knife without the consent of a parent or guardian of 27 the minor; 28 (4) knowingly possesses a firearm 29 (A) within the grounds of or on a parking lot immediately 30 adjacent to an entity, other than a private residence, licensed as a child care 31 facility under AS 47.32 or recognized by the federal government for the care of
01 children, except that a person 21 years of age or older may possess an unloaded 02 firearm in the trunk of a motor vehicle or encased in a closed container of a 03 motor vehicle; 04 (B) within a 05 (i) courtroom or office of the Alaska Court System; or 06 (ii) courthouse that is occupied only by the Alaska 07 Court System and other justice-related agencies; or 08 (C) within a domestic violence or sexual assault shelter that 09 receives funding from the state; 10 (5) possesses or transports a switchblade or a gravity knife; or 11 (6) is less than 21 years of age and knowingly possesses a deadly 12 weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed 13 on the person. 14 * Sec. 3. AS 11.81.900(b) is amended by adding new paragraphs to read: 15 (65) "gravity knife" means any knife that has a blade that opens or 16 releases a blade from its handle or sheath by the force of gravity or by the application 17 of centrifugal force; "gravity knife" does not include a knife that has a spring, detent, 18 or other mechanism designed to create a bias toward closure that requires a person to 19 apply exertion to the blade by hand, wrist, or arm to overcome the bias toward closure 20 and open or release the blade; 21 (66) "switchblade" means any knife that has a blade that folds, closes, 22 or retracts into the handle or sheath that opens automatically by pressure applied to a 23 button or other device located on the handle or sheath; "switchblade" does not include 24 a knife that has a spring, detent, or other mechanism designed to create a bias toward 25 closure that requires exertion applied to the blade by hand, wrist, or arm to overcome 26 the bias toward closure and open the blade. 27 * Sec. 4. AS 29.10.200(40) is amended to read: 28 (40) AS 29.35.145 (regulation of firearms and knives); 29 * Sec. 5. AS 29.35.145(a) is amended to read: 30 (a) The authority to regulate firearms and knives is reserved to the state, and, 31 except as specifically provided by statute, a municipality may not enact or enforce an
01 ordinance regulating the possession, ownership, sale, transfer, use, carrying, 02 transportation, licensing, taxation, or registration of firearms or knives. 03 * Sec. 6. AS 29.35.145(b) is amended to read: 04 (b) Municipalities may enact and enforce ordinances 05 (1) that are identical to state law and that have the same penalty as 06 provided for by state law; 07 (2) restricting the discharge of firearms in any portion of their 08 respective jurisdictions where there is a reasonable likelihood that people, domestic 09 animals, or property will be jeopardized; ordinances enacted or enforced under this 10 paragraph may not abridge the right of the individual guaranteed by art. I, sec. 19, 11 Constitution of the State of Alaska, to bear arms in defense of self or others; 12 (3) restricting the areas in their respective jurisdictions in which 13 firearms or knives may be sold; a business selling firearms or knives may not be 14 treated more restrictively than other businesses located within the same zone; and 15 (4) prohibiting the possession of firearms or knives in the restricted 16 access area of municipal government buildings; the municipal assembly shall post 17 notice of the prohibition against possession of firearms or knives at each entrance to 18 the restricted access area. 19 * Sec. 7. AS 11.61.220(a)(5) is repealed.