Legislature(2011 - 2012)BELTZ 105 (TSBldg)

04/09/2012 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= HB 229 BIG GAME COMMERCIAL SERVICES BOARD
Moved CSHB 229(JUD) Out of Committee
= HB 274 UNFAIR TRADE PRACTICES
Moved HB 274 Out of Committee
+ HB 224 SALES OF NICOTINE PRODUCTS TO MINOR TELECONFERENCED
Heard & Held
+ HB 55 KNIVES, GRAVITY KNIFE & SWITCHBLADE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB  55-KNIVES, GRAVITY KNIFE & SWITCHBLADE                                                                       
                                                                                                                                
2:03:01 PM                                                                                                                    
CHAIR  FRENCH  announced the  consideration  of  HB 55.  "An  Act                                                               
adding definitions  of 'gravity  knife' and 'switchblade'  to the                                                               
criminal  law;  and  relating  to   reserving  the  authority  to                                                               
regulate  knives  to  the  state   with  limited  exceptions  for                                                               
municipalities to regulate knives."                                                                                             
                                                                                                                                
2:03:26 PM                                                                                                                    
REPRESENTATIVE  MARK NEUMAN,  sponsor  of HB  55,  said the  bill                                                               
clarifies  that hunting,  fishing,  and utility  knives that  are                                                               
easy-open or  one-hand-opening do  not qualify as  a switchblade,                                                               
and are legal to own. He  reported that 80 percent of knives sold                                                               
today have  a one-hand-opening option,  generally a  small button                                                               
on  the side.  Other knives  have a  spring-loaded assist  on the                                                               
blade.  He distributed  samples  to the  committee and  explained                                                               
that 82 percent of knives sold have a biased-close mechanism.                                                                   
                                                                                                                                
CHAIR FRENCH directed  attention to page 1, line 8,  and asked if                                                               
a "detent" helps keep a knife closed.                                                                                           
                                                                                                                                
2:05:33 PM                                                                                                                    
REX SHATTUCK,  staff to Representative Mark  Neuman, demonstrated                                                               
the features on several commonly  used knifes including the knife                                                               
that has  raised concerns  in many  jurisdictions. He  showed the                                                               
peg on the side of the blade  or an additional detent on the back                                                               
that helps  in opening, what  the knife  looks like in  the prone                                                               
position, and how  to overcome the bias closure so  the blade can                                                               
open  fully.  Responding  to  a   question  from  the  Chair,  he                                                               
confirmed  that  the bill  differentiates  between  this type  of                                                               
knife and  a switchblade.  He mentioned  the names  of recognized                                                               
manufacturers.                                                                                                                  
                                                                                                                                
MR.  SHATTUCK  displayed  a   switchblade  and  demonstrated  its                                                               
operation.                                                                                                                      
                                                                                                                                
2:07:46 PM                                                                                                                    
CHAIR FRENCH asked how the bill treats that knife.                                                                              
                                                                                                                                
MR. SHATTUCK discussed the definition  of "switchblade" under the                                                               
Switchblade Knife  Act of 1958  and the Alaska court  cases State                                                             
v.  Strange  and   State  v.  Weaver  that   struggled  with  the                                                           
definitions.  The problem  is that  many of  the knives  commonly                                                               
used  for fishing,  hunting, and  utility purposes  arguably fall                                                               
under the definition of "gravity knife" or "switchblade."                                                                       
                                                                                                                                
He  explained  that  HB  55  will clarify  in  statute  that  the                                                               
definitions of  "gravity knife" and "switchblade"  do not include                                                               
["a knife that has a  spring, detent, or other mechanism designed                                                               
to create  a bias toward  closure that requires  exertion applied                                                               
to the blade  by hand, wrist, or arm to  overcome the bias toward                                                               
closure and open the blade."]                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN said  he did not want  Alaskan sportsmen to                                                               
run  afoul of  the  law by  carrying what  is  a common  hunting,                                                               
fishing, or utility knife.                                                                                                      
                                                                                                                                
MR. SHATTUCK added  that the concerns the courts  have had relate                                                               
to the  ability to conceal the  blade and the ability  to deliver                                                               
the  blade quickly.  He surmised  that the  gravity knife  caused                                                               
concern because of quick delivery.                                                                                              
                                                                                                                                
REPRESENTATIVE  NEUMAN   reiterated  his  intention   to  protect                                                               
sportsmen and people that carry a utility or pocketknife.                                                                       
                                                                                                                                
2:11:57 PM                                                                                                                    
SENATOR  PASKVAN asked  if people  had been  accused of  carrying                                                               
either a gravity  knife or switchblade when they  were carrying a                                                               
Kershaw, for example.                                                                                                           
                                                                                                                                
MR. SHATTUCK said the two  Alaska court cases that struggled with                                                               
the definitions for switchblade  and gravity knife relied heavily                                                               
on a  dictionary. Part of  the struggle was whether  fast opening                                                               
makes  the  knife  a  switchblade.   The  difference  is  that  a                                                               
switchblade  is  quick  to  both  deploy  and  retract  for  easy                                                               
concealment.                                                                                                                    
                                                                                                                                
SENATOR PASKVAN asked if knives  have features or operations that                                                               
did not previously exist.                                                                                                       
                                                                                                                                
MR.  SHATTUCK   confirmed  that  the  market   has  responded  to                                                               
different demands and uses and the definitions have not kept up.                                                                
                                                                                                                                
REPRESENTATIVE NEUMAN added that  the industry has concerns about                                                               
the  ability  to  market  knives  and  not  be  confused  with  a                                                               
switchblade.                                                                                                                    
                                                                                                                                
2:15:12 PM                                                                                                                    
C.J.  BUCK, Buck  Knives, and  Legislative Chair,  American Knife                                                               
and Tool  Institute, Post Falls,  ID, testified in support  of HB
55. He  said an element  of one-handed  knives is the  utility it                                                               
provides to  the user.  However, if  enough centrifugal  force is                                                               
applied just  about any knife on  the market can flick  open by a                                                               
general  definition  of  gravity.   This  language  in  the  bill                                                               
provides a  more objective definition of  the mechanical elements                                                               
that is less open to subjective interpretation.                                                                                 
                                                                                                                                
Referring to an  earlier question, he explained that  a detent is                                                               
like a  knob that  fits into  a depression in  the blade.  As the                                                               
knife closes,  that knob fits into  the hole and pulls  the blade                                                               
closed completely.  It serves two  purposes; the knife has  to be                                                               
actively opened, and it is a safety feature.                                                                                    
                                                                                                                                
2:18:20 PM                                                                                                                    
RAY  THIBAULT,  Northern  Knives,  Anchorage,  AK,  testified  in                                                               
support of HB  55. He stated agreement with  Mr. Buck's testimony                                                               
and the language in the bill.                                                                                                   
                                                                                                                                
CHAIR FRENCH asked if he sells knives for a living.                                                                             
                                                                                                                                
MR. THIBAULT said yes.                                                                                                          
                                                                                                                                
CHAIR  FRENCH  asked  if  the   bill  would  interfere  with  his                                                               
business.                                                                                                                       
                                                                                                                                
MR. THIBAULT said no; in would be helpful.                                                                                      
                                                                                                                                
SENATOR  PASKVAN asked  if a  license  or permit  is required  to                                                               
carry a switchblade.                                                                                                            
                                                                                                                                
MR. THIBAULT said  only law enforcement and  active duty military                                                               
can carry switchblades.                                                                                                         
                                                                                                                                
SENATOR  PASKVAN  asked  if  active duty  military  can  carry  a                                                               
switchblade when they are not on duty.                                                                                          
                                                                                                                                
MR.  THIBAULT said  his understanding  is  that it  is under  the                                                               
aegis of the base commander.                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN  reiterated   that  the   bill  clarifies                                                               
language and will help sportsmen.                                                                                               
                                                                                                                                
2:21:50 PM                                                                                                                    
CHAIR FRENCH announced he would hold HB 55 in committee.                                                                        

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