Legislature(2013 - 2014)CAPITOL 120
02/27/2013 01:00 PM House JUDICIARY
Audio | Topic |
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Start | |
Confirmatin Hearing(s): || Violent Crimes Compensation Board | |
Board of Governors of the Alaska Bar | |
Commission on Judicial Conduct | |
Board of Governors of the Alaska Bar | |
HB83 | |
HB33 | |
HB104 | |
HB63 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
*+ | HB 33 | TELECONFERENCED | |
+ | HB 104 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 83 | TELECONFERENCED | |
= | HB 63 | ||
HB 33 - KNIVES, GRAVITY KNIVES, & SWITCHBLADES 2:05:33 PM CHAIR KELLER announced that the next order of business would be HOUSE BILL NO. 33, "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." 2:05:47 PM REPRESENTATIVE MARK NEUMAN, Alaska State Legislature, sponsor, indicated that HB 33 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 - prohibited under state law - and can therefore be owned legally. Rulings by the court indicate that Alaska's criminal statutes warrant clarification with regard to what constitutes a gravity knife or a switchblade for purposes of prosecution, and so the goal with HB 33 is to provide that clarification [by defining those terms in AS 11.81.900(b)]. He mentioned that some other states have also addressed this issue; characterized [knives with a spring, detent, or other mechanism designed to create a bias toward closure, such as those on hunting, fishing, and utility knives] as important tools for working Alaskans; offered his belief that HB 33 would provide protection to Alaskans who carry such knives; and indicated that the bill also addresses the state's right [to regulate knives]. 2:08:20 PM REX SHATTUCK Staff, Representative Mark Neuman, Alaska State Legislature, on behalf of the sponsor, Representative Neuman, explained that Section 1 of HB 33 would add new paragraphs (65) and (66) to AS 11.81.900(b), respectively defining the terms, "gravity knife" and "switchblade"; both of these definitions include language specifying that such a knife does not include [one with a spring, detent, or other mechanism designed to create a bias toward closure that requires a person to apply exertion to the blade by hand, wrist, or arm to overcome the bias toward closure and open the blade]. Sections 2, 3, and 4 of HB 33 would, respectively, add a reference to knives to AS 29.10.200(40) - addressing a limitation of home rule powers - and to AS 29.35.145(a) and (b) - addressing the regulation of firearms - thereby stipulating that the authority to regulate knives is reserved to the state and limiting municipal ordinances addressing knives. MR. SHATTUCK explained that both AS 11.61.210(a)(5) and AS 11.61.220(a)(5) - addressing the existing class A and class B misdemeanor crimes of misconduct involving weapons in the fourth and fifth degree, respectively - reference both gravity knives and switchblades, but don't define them. Again, Section 1 of HB 33 would provide those definitions. He noted that members' packets contain a memorandum from Legislative Legal and Research Services that references two court cases wherein the [Alaska Court of Appeals] mentioned Alaska's current lack of a statutory definition for the terms, "gravity knife" and "switchblade" - State v. Weaver, 736 P.2d 781 (Alaska Ct. App. 1987), and State v. Strange, 785 P.2d 563 (Alaska Ct. App. 1990). He offered his understanding that under both federal law and the bill's proposed definition, a switchblade would not be a knife with a spring, detent, or other mechanism designed to create a bias toward closure that requires a person to apply exertion to the blade by hand, wrist, or arm to overcome the bias toward closure and open the blade. He then demonstrated opening and closing various knives brought as examples. MR. SHATTUCK, in conclusion, ventured that HB 33 would protect Alaskans by providing definitions for the terms, "gravity knife" and "switchblade", and by ensuring that the laws pertaining to knives are uniform throughout Alaska. 2:19:21 PM TODD RATHNER, Director, Legislative Affairs, Knife Rights, Inc. - mentioning that his organization has filed a lawsuit against the city of New York asserting civil rights violations, and has been working at the local level in numerous states to address uniformity in their laws pertaining to knives - offered his belief that some people around the country are being wrongfully arrested for carrying a so-called illegal knife simply because of inadequate statutory/regulatory definitions. In a rural state like Alaska, carrying a knife of some kind, in addition to being common, is practically a necessity, and HB 33 would clearly define what is and what is not either a "gravity knife" or a "switchblade", and would stipulate that the authority to regulate knives is reserved to the state, thereby eliminating confusion for both law enforcement and citizens. In conclusion, he urged adoption of HB 33. 2:21:40 PM RAY THIBAULT, Owner, Northern Knives, expressed agreement with the previous speakers, adding that as the owner of a retail store selling knives, he is frequently asked to define what constitutes a "gravity knife" or a "switchblade" and which knives are legal to own/carry, and thus HB 33 would help by clarifying what is meant by those terms. REPRESENTATIVE NEUMAN, in response to a question and in conclusion, indicated that the goal of HB 33 is to clarify state law at it pertains to knives. 2:25:00 PM REPRESENTATIVE LYNN moved to report HB 33 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 33 was reported from the House Judiciary Standing Committee.
Document Name | Date/Time | Subjects |
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Alaska Bar - Gordon #3.pdf |
HJUD 2/27/2013 1:00:00 PM |
|
Alaska Bar - Trombley #3.pdf |
HJUD 2/27/2013 1:00:00 PM |
|
Judicial Conduct - Groseclose #3.pdf |
HJUD 2/27/2013 1:00:00 PM |
|
Violent Crimes - Godfrey #3.pdf |
HJUD 2/27/2013 1:00:00 PM |
|
HB 33 Sponsor Statement.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
HB 33 ver U.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
HB33 Fiscal Note-Department of Commerce.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
HB 33 Fiscal Note-Public Defenders Agency.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
HB 33 Fiscal Note-Office of Public Advocacy.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
HB 33 Fiscal Note-Department of Law.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
HB 33 Gravity & Switchblade Knife Definitions.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 33 |
HB 104 H(JUD) Hearing Request Letter.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
03 Gov Transmittal Letter HB 104.PDF |
HJUD 2/27/2013 1:00:00 PM HSTA 2/19/2013 8:00:00 AM |
HB 104 |
CSHB 104(STA) sectional analysis.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
CSHB 104(STA).pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
HB104.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
HB 104 Draft Amendment Version A.1.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
HB 104 Draft Amendment ver C.1.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
Explanation for Draft Amendment C.1.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
CSHB 104(STA) witness list.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |
HSTA Committee Report HB 104 2-19-2013.pdf |
HJUD 2/27/2013 1:00:00 PM |
HB 104 |