03/26/2013 09:00 AM Senate STATE AFFAIRS

          SB 11-KNIVES, GRAVITY KNIVES, & SWITCHBLADES                                                                      
                                                                                                                                
9:23:57 AM                                                                                                                    
CHAIR DYSON announced the consideration of SB 11.                                                                               
                                                                                                                                
CHUCK  KOPP,  Staff,  Senator  Fred   Dyson,  sponsor  of  SB  11,                                                              
introduced  the bill.  He related  that SB  11 makes  it legal  to                                                              
possess  a gravity  knife or switchblade  for  anyone 18 years  of                                                              
age or  older. He  showed examples  of those  knives to  committee                                                              
members.                                                                                                                        
                                                                                                                                
He  reported   that  over  the   past  year,  various   businesses                                                              
questioned  why automatic  knives were deemed  illegal when  other                                                              
more dangerous knives  were not. He said the  sponsor reviewed the                                                              
statistics  from the  Department  of Public  Safety  and from  the                                                              
Uniform  Crime Report  to see  if knives  are a  threat to  public                                                              
safety.  The conclusion  was that  there  is no  evidence to  show                                                              
that a class of knives presents a threat to public safety.                                                                      
                                                                                                                                
The bill  makes  it legal for  someone  18 and over  to possess  a                                                              
gravity  knife  or  switchblade  and it  also  decriminalizes  the                                                              
manufacture  or sale  of  those knives.  The  bill further  states                                                              
that  a  person may  not  transfer  or  sell  a gravity  knife  or                                                              
switchblade  to  a  person  under 18  without  the  prior  written                                                              
consent of the parent  or guardian. A person under  16 may possess                                                              
a  gravity  knife  or  switchblade  if  he  or  she  has  parental                                                              
consent.                                                                                                                        
                                                                                                                                
9:26:57 AM                                                                                                                    
MR. KOPP  said, additionally, the  bill defines gravity  knife and                                                              
switchblade. He cited  two cases, State vs. Strange  and State vs.                                                              
Weaver, that  wrestled with  the definition  of a legal  automatic                                                              
knife  because  it  was  not  defined  in  statute.  He  said  the                                                              
definitions proposed  in the bill are consistent  with federal law                                                              
and other states.                                                                                                               
                                                                                                                                
9:28:43 AM                                                                                                                    
MR. KOPP  reported that currently it  is legal for someone  who is                                                              
21 and  older to  possess a  concealed handgun  unless they  are a                                                              
felon. It  is also legal  for a minor  child to possess  a firearm                                                              
with permission of  a parent. He detailed the  restrictions in the                                                              
bill  found   on  page  2,   lines  6   and  7,  where   the  word                                                              
"manufacture"  was deleted.  It states  that it  is illegal  for a                                                              
person to sell or  transfer a switchblade or a gravity  knife to a                                                              
person under 18  without the prior written consent  of a parent or                                                              
guardian. Also,  a person may  not knowingly  sell a firearm  or a                                                              
defensive  weapon to  a person  under  18. A  defensive weapon  is                                                              
defined as  an electric stun gun  or a chemical agent  dispenser -                                                              
something that does not cause a fatal injury.                                                                                   
                                                                                                                                
MR. KOPP  said page  3, line  26, is  consistent with  the statute                                                              
regarding the  possession of a firearm  by someone under  16 years                                                              
old. Possession of  a switchblade or gravity knife  is detailed on                                                              
page 4, line 10.  He said on page 3, line 23, it  shows how out of                                                              
sync the  old law is. He gave  other examples of  consequences for                                                              
possession  of a firearm.  He stressed  that possession  of knives                                                              
should  not fall into  the same  category as  firearms and  should                                                              
not be criminalized to the same extent.                                                                                         
                                                                                                                                
He described  the most dangerous  knife as  one that is  fixed and                                                              
open;  the  others  are  basically  pocket  knives  and  they  are                                                              
valuable tools.  Most Alaskans carry  small knives  that currently                                                              
are attached to criminal liability.                                                                                             
                                                                                                                                
MR.  KOPP concluded  that  the final  feature  in the  bill is  in                                                              
Title 29  where it  reserves to  the state  the power  to regulate                                                              
knives, as  it does  firearms. This allows  uniformity of  the law                                                              
across jurisdictions  in Alaska. It is still  within the authority                                                              
of municipalities  to provide protections based  on reasonableness                                                              
founded  in  the  law.  For example,  the  law  already  makes  it                                                              
illegal for any minor to conceal a deadly weapon.                                                                               
He concluded  that SB 11  is a very  reasonable bill.  He referred                                                              
to  Department  of  Public  Safety data  that  shows  assaults  on                                                              
troopers  with knives  is  zero  and assaults  on  people is  very                                                              
small, only 2 percent of all assaults.                                                                                          
                                                                                                                                
9:36:40 AM                                                                                                                    
He said there  is no reason for keeping these  tools criminalized.                                                              
He opined  that the knives  are not scary  and should be  legal to                                                              
possess.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked if there  are any municipal  laws that                                                              
SB 11 would preempt.                                                                                                            
                                                                                                                                
MR.  KOPP said  he  was not  aware  of any.  He  pointed out  that                                                              
knives are largely unregulated.                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  asked what  is being  repealed in  Section 7                                                              
on page 5.                                                                                                                      
                                                                                                                                
MR.  KOPP  explained  that  the   bill  repeals  the  language  in                                                              
misconduct involving  weapons - fifth  degree on line 10,  page 4,                                                              
where  it says  "possess  or transport  a  switchblade or  gravity                                                              
knife." He  clarified that the law  allows for a  default position                                                              
that makes knives  legal, but if someone sells a  knife to someone                                                              
under 18,  prior consent is necessary.  It is illegal  for someone                                                              
under 16 to possess a knife without parental consent.                                                                           
                                                                                                                                
CHAIR DYSON  said Senator Wielechowski  raised an  excellent point                                                              
about  the  state  needing  consistency  regarding  possession  of                                                              
knives. He noted  there was once a time when someone  with a knife                                                              
would  drive through  the Mat-Su  area  and be  out of  compliance                                                              
with the law.                                                                                                                   
                                                                                                                                
9:39:29 AM                                                                                                                    
TODD RATHNER,  Knife  Rights, testified  in support  of SB  11. He                                                              
discussed  two points  related  to  the bill,  the  repeal on  the                                                              
antiquated ban on  switchblades and knife pre-emption,  which says                                                              
that the state has  the sole authority on knife  laws. He provided                                                              
the  history  of  the  ban on  switchblades,  which  began  as  an                                                              
emotional reaction  to them  in the 1950's.  He maintained  that a                                                              
switchblade is not  as dangerous as a kitchen  knife. He dispelled                                                              
reasons  that  small  knives are  not  considered  dangerous,  but                                                              
tools.  He spoke  of how safe  a closed  knife is.  He said  knife                                                              
bans have  had no  effect on  crime. He  noted that thirty  states                                                              
have similar legislation.                                                                                                       
He  spoke  of  a  knife  pre-emption  campaign,  which  gives  the                                                              
legislature    the   power   to    regulate   knife    laws,   not                                                              
municipalities.                                                                                                                 
                                                                                                                                
9:46:36 AM                                                                                                                    
SENATOR  WIELECHOWSKI asked  about the  federal Switchblade  Knife                                                              
Act. He wondered  if that is still  in affect and would  present a                                                              
problem in Alaska.                                                                                                              
                                                                                                                                
MR. RATHNER said  that Act deals with interstate  commerce and the                                                              
importation  and of  knives. He  said  it applies  only on  Indian                                                              
Reservations.                                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  commented that the Act  prohibits possession                                                              
on federal lands, such as Metlakatla, and when mailing knives.                                                                  
                                                                                                                                
MR. KOPP  said those  were good  questions. The Switchblade  Knife                                                              
Act has  been through appellate  courts and  is left to  states to                                                              
regulate. He noted that switchblades can be purchased on line.                                                                  
                                                                                                                                
9:49:19 AM                                                                                                                    
ANTHONY  NEWMAN,  Social  Services Program  Officer,  Division  of                                                              
Juvenile  Justice,  Department  of  Health  and  Social  Services,                                                              
provided information  related to SB 11. He explained  that because                                                              
possession of  a switchblade  or a gravity  knife is  currently an                                                              
offense  in  Alaska, Juvenile  Justice  does  see youth  for  this                                                              
offense  - about  four  referrals  a year.  Under  the bill,  only                                                              
juveniles  under  16  would  be   referred  for  possession  of  a                                                              
switchblade  or gravity  knife,  and then  only when  they do  not                                                              
have permission  to possess one  of these knives. He  informed the                                                              
committee that  the bill appears  to create a new  status offense,                                                              
an  offense that  can  only be  committed by  a  juvenile, not  an                                                              
adult.                                                                                                                          
                                                                                                                                
He pointed out that  Alaska is a participating state  in a formula                                                              
grant  program  administered  by   the  U.S.  Office  of  Juvenile                                                              
Justice  and Delinquency  Prevention.  As  a participating  state,                                                              
Alaska abides  by specific rules  governing the secure  holding of                                                              
juveniles who commit  status offenses. For example,  under federal                                                              
rules,  juvenile status  offenders may  not be  held securely  for                                                              
any period  of time in an adult  jail or lockup. He  said Juvenile                                                              
Justice  sought  clarification  from  the  federal  office  as  to                                                              
whether  status offenses  involving  knives would  fall under  the                                                              
rules  for secure  holds, and  the federal  office indicated  they                                                              
would.  This  means that  if  the  bill passes,  Juvenile  Justice                                                              
would need  to educate  staff and  law enforcement partners  about                                                              
the  inclusion of  switchblade  and  gravity knife  possession  by                                                              
certain  juveniles as  status offenses  and  report violations  of                                                              
the  rules regarding  holds of  juveniles  to the  U.S. Office  of                                                              
Juvenile Justice and Delinquency Prevention.                                                                                    
                                                                                                                                
CHAIR DYSON thanked Mr. Newman for his testimony.                                                                               
                                                                                                                                
9:51:54 AM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if  the Switchblade  Knife Act  would                                                              
apply in Denali National Park. He thought it would.                                                                             
                                                                                                                                
CHAIR DYSON  noted the  next committee of  referral is  the Senate                                                              
Judiciary Committee.                                                                                                            
                                                                                                                                
He reported  that the  bill was  brought forth by  Representatives                                                              
Neuman and  Lynn a  year ago. He  suggested the  content of  SB 11                                                              
would be encompassed into Representative Neuman's bill.                                                                         
                                                                                                                                
9:53:15 AM                                                                                                                    
SENATOR  GIESSEL  moved  to  report  SB  11  from  committee  with                                                              
individual recommendations  and attached  zero fiscal  note. There                                                              
being  no objection,  SB 11  was  reported from  the Senate  State                                                              
Affairs Standing Committee.