Legislature(2011 - 2012)BELTZ 105 (TSBldg)
04/09/2012 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB229 | |
| HB274 | |
| HB224 | |
| HB55 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 229 | ||
| = | HB 274 | ||
| + | HB 224 | TELECONFERENCED | |
| + | HB 55 | TELECONFERENCED | |
| + | 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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