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.