02/15/2012 01:00 PM House JUDICIARY

        HB 55 - DEFINITIONS: GRAVITY KNIFE & SWITCHBLADE                                                                    
                                                                                                                                
1:17:24 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
HOUSE BILL NO. 55, "An  Act adding definitions of 'gravity knife'                                                               
and 'switchblade' to the criminal law."                                                                                         
                                                                                                                                
1:17:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MARK NEUMAN,  Alaska State  Legislature, speaking                                                               
as one  of the joint prime  sponsors, indicated that HB  55 would                                                               
clarify that  [knives with a  spring, detent, or  other mechanism                                                               
designed  to create  a bias  toward  closure, such  as those  on]                                                               
hunting, fishing, and  utility knives, do not  qualify as [either                                                               
gravity knives or switchblades,  which are prohibited under state                                                               
law,] and can therefore be owned  legally.  Rulings by the Alaska                                                               
Supreme Court  indicate that  Alaska's criminal  statutes warrant                                                               
clarification  with regard  to what  constitutes a  gravity knife                                                               
and a  switchblade for purposes  of prosecution, and so  the goal                                                               
with HB  55 is  to provide that  clarification by  defining those                                                               
terms  in AS  11.81.900(b).   He then  indicated that  a proposed                                                               
amendment [later referred to as  Amendment 1] in members' packets                                                               
would  insert  a reference  to  knives  in  AS 29.10.200  and  AS                                                               
29.35.145,  thereby stipulating  that the  authority to  regulate                                                               
knives  is reserved  to the  state, thus  ensuring that  the laws                                                               
pertaining to knives are uniform throughout Alaska.                                                                             
                                                                                                                                
1:20:32 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS),  in   response  to  questions,  relayed   that  [the  DPS]                                                               
considers knives  to be  weapons for  purposes of  requiring that                                                               
the  possession  of a  weapon  be  disclosed to  law  enforcement                                                               
officers; that no type of  knife is exempt from that requirement;                                                               
and that  how a particular knife  is defined in statute  will not                                                               
impact  law  enforcement  officers  in terms  of  apprehending  a                                                               
person.                                                                                                                         
                                                                                                                                
1:22:42 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal Division, Department  of Law (DOL), in response                                                               
to questions,  explained that  in AS  11.61.210 -  the [existing]                                                               
class A misdemeanor crime of  misconduct involving weapons in the                                                               
fourth  degree -  subsection  (a)(5)  prohibits the  manufacture,                                                               
sale, or transfer  of a switchblade or a gravity  knife; and that                                                               
in AS  11.61.220 -  the [existing] class  B misdemeanor  crime of                                                               
misconduct  involving weapons  in the  fifth degree  - subsection                                                               
(a)(5)   prohibits  the   possession  or   transportation  of   a                                                               
switchblade or a  gravity knife.  By adding  definitions [into AS                                                               
11.81.900(b) via  proposed new paragraphs  (65) and (66),]  HB 55                                                               
would clarify  which types of knives  do and do not  qualify as a                                                               
gravity knife or as a  switchblade for purposes of applying those                                                               
criminal statutes.                                                                                                              
                                                                                                                                
1:26:05 PM                                                                                                                    
                                                                                                                                
TODD RATHNER, Director, Legislative  Affairs, Knife Rights, Inc.,                                                               
offering  his belief  that around  the country,  some people  are                                                               
being  wrongfully  arrested and  prosecuted  for  carrying a  so-                                                               
called    illegal   knife    simply    because   of    inadequate                                                               
statutory/regulatory  definitions,   said  that  if   the  Alaska                                                               
legislature  isn't ready  to repeal  the state's  ban on  certain                                                               
types of  knives altogether, his organization  strongly urges the                                                               
committee to  adopt HB  55's proposed  definitions for  a gravity                                                               
knife  and a  switchblade.    He also  indicated  favor with  the                                                               
aforementioned  forthcoming  amendment's  proposal  to  stipulate                                                               
that the authority  to regulate knives is reserved  to the state,                                                               
surmising that  it will  make it  easier for  the public  and law                                                               
enforcement  to  comply  with   and  enforce,  respectively,  the                                                               
state's existing prohibition on  gravity knives and switchblades.                                                               
In  response to  a question,  he offered  his belief  that knives                                                               
carried in  a sheath and  knives that must  be pried open  do not                                                               
fall  under the  [bill's proposed]  definitions of  gravity knife                                                               
and switchblade.                                                                                                                
                                                                                                                                
CHAIR  GATTO noted  that written  testimony from  Mr. Rathner  is                                                               
included in members' packets.                                                                                                   
                                                                                                                                
MS.  CARPENETI,  in response  to  questions,  indicated that  she                                                               
would research whether  - and, if so, under  what circumstances -                                                               
switchblade  manufacturers located  outside  of  Alaska might  be                                                               
subject  to  Alaska  law;  and  explained  that  in  Alaska,  the                                                               
culpable  mental  state  whenever   it's  not  specified  in  the                                                               
pertinent criminal statute is that of "knowing".                                                                                
                                                                                                                                
CHAIR GATTO  noted that a  memorandum from Legislative  Legal and                                                               
Research Services  dated December 17, 2010,  refers to "butterfly                                                               
knives" and "balisong knives".                                                                                                  
                                                                                                                                
1:36:15 PM                                                                                                                    
                                                                                                                                
REX  SHATTUCK, Staff,  Representative Mark  Neuman, Alaska  State                                                               
Legislature, on behalf  of Representative Neuman, one  of HB 55's                                                               
joint prime sponsors, indicated that  both types of knives have a                                                               
fixed center shaft  and two outside pieces [that  pivot to either                                                               
become  the  handle or  to  act  as a  sheath  for  the blade  by                                                               
completely encompassing it].                                                                                                    
                                                                                                                                
MS. CARPENETI, in response to  a question, said she suspects that                                                               
butterfly/balisong knives  would continue to  be legal  in Alaska                                                               
because the  court - in  State v.  Strange, 785 P.2d  563 (Alaska                                                             
Ct. App.  1990) - has ruled  that they are not  gravity knives or                                                               
switchblades, and the definitions proposed  by HB 55 are limiting                                                               
in nature.                                                                                                                      
                                                                                                                                
MR. SHATTUCK, in response to  a request, showed the committee two                                                               
different  knives and  demonstrated how  each opened  and closed,                                                               
adding that the  point of the bill is to  ensure that such knives                                                               
aren't considered to be switchblades,  which, he ventured, can be                                                               
distinguished from  other types of  knives by the fact  that they                                                               
both open and close automatically with the press of a button.                                                                   
                                                                                                                                
1:42:44 PM                                                                                                                    
                                                                                                                                
RAY  THIBAULT,  Owner,  Northern Knives,  characterized  HB  55's                                                               
proposed definitions  as excellent,  and posited that  they would                                                               
help  clarify  things.     He  then  expressed   favor  with  the                                                               
aforementioned  forthcoming  amendment's  proposal  to  stipulate                                                               
that the authority to regulate knives is reserved to the state,                                                                 
offering his belief that its adoption would ensure that the laws                                                                
pertaining to knives are uniform throughout Alaska.                                                                             
                                                                                                                                
1:44:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1,                                                                    
labeled 27-LS0298\A.1, Gardner, 2/2/12, which read:                                                                             
                                                                                                                                
     Page 1, line 1, following "law":                                                                                         
          Insert "; and relating to reserving the authority                                                                   
     to   regulate  knives   to  the   state  with   limited                                                                  
     exceptions for municipalities to regulate knives."                                                                     
                                                                                                                                
     Page 1, following line 15:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 2. AS 29.10.200(40) is amended to read:                                                                     
               (40)  AS 29.35.145 (regulation of firearms                                                                       
     and knives);                                                                                                           
        * Sec. 3. AS 29.35.145(a) is amended to read:                                                                         
          (a)  The authority to regulate firearms and                                                                       
     knives  is  reserved  to  the  state,  and,  except  as                                                                
     specifically  provided by  statute, a  municipality may                                                                    
     not  enact  or  enforce  an  ordinance  regulating  the                                                                    
     possession, ownership,  sale, transfer,  use, carrying,                                                                    
     transportation,  licensing,  taxation, or  registration                                                                    
     of firearms or knives.                                                                                                 
        * Sec. 4. AS 29.35.145(b) is amended to read:                                                                         
          (b)  Municipalities may enact and enforce                                                                             
     ordinances                                                                                                                 
               (1)  that are identical to state law and                                                                         
     that have  the same  penalty as  provided for  by state                                                                    
     law;                                                                                                                       
               (2)  restricting the discharge of firearms                                                                       
     in any portion of  their respective jurisdictions where                                                                    
     there is a reasonable  likelihood that people, domestic                                                                    
     animals,  or property  will be  jeopardized; ordinances                                                                    
     enacted  or  enforced  under  this  paragraph  may  not                                                                    
     abridge the right of the  individual guaranteed by art.                                                                    
     I, sec.  19, Constitution  of the  State of  Alaska, to                                                                    
     bear arms in defense of self or others;                                                                                    
               (3)  restricting the areas in their                                                                              
     respective  jurisdictions in  which firearms  or knives                                                                
     may be sold; a business  selling firearms or knives may                                                                
     not   be   treated   more  restrictively   than   other                                                                    
     businesses located within the same zone; and                                                                               
               (4)  prohibiting the possession of firearms                                                                      
     or knives  in the  restricted access area  of municipal                                                                
     government  buildings;  the  municipal  assembly  shall                                                                    
     post notice  of the  prohibition against  possession of                                                                    
     firearms or  knives at each entrance  to the restricted                                                                
     access area."                                                                                                              
                                                                                                                                
CHAIR GATTO objected for the purpose of discussion.                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  - noting that AS  29.35.145 states that                                                               
municipalities  may   enact  and  enforce  ordinances   that  are                                                               
identical  to state  law and  provide  for the  same penalties  -                                                               
asked whether municipalities would have  the authority to enact a                                                               
local  ordinance  addressing the  class  A  misdemeanor crime  of                                                               
manufacturing,  selling,  or  transferring  a  switchblade  or  a                                                               
gravity knife.                                                                                                                  
                                                                                                                                
CHAIR GATTO  questioned the value  of enacting a  local ordinance                                                               
that merely copies state law.                                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN  said the  goal  with  Amendment 1  is  to                                                               
provide clarification.                                                                                                          
                                                                                                                                
MR.  SHATTUCK added  that the  drafter  recommended altering  the                                                               
existing statutes  pertaining to  municipal firearms as  the best                                                               
approach to  ensuring Alaska's knife laws  are uniform throughout                                                               
the state.                                                                                                                      
                                                                                                                                
CHAIR GATTO  removed his objection,  ascertained that  there were                                                               
no  further  objections,  and  announced  that  Amendment  1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on HB 55.                                                                                      
                                                                                                                                
1:54:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON  moved to report  HB 55, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying   fiscal  notes.      There   being  no   objection,                                                               
CSHB 55(JUD)  was  reported  from the  House  Judiciary  Standing                                                               
Committee.