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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 33                                                                                                          
01 Amending certain provisions of criminal law prohibiting the manufacture, sale, transfer, or                             
02 possession of switchblades and gravity knives; adding definitions of "gravity knife" and                                
03 "switchblade" to the criminal law; and reserving to the state, with limited exceptions for                              
04 municipalities, the authority to regulate knives.                                                                       
05                           _______________                                                                               
06    * Section 1. AS 11.61.210(a) is amended to read:                                                                   
07            (a)  A person commits the crime of misconduct involving weapons in the                                       
08       fourth degree if the person                                                                                       
09                 (1)  possesses on the person, or in the interior of a vehicle in which the                              
10       person is present, a firearm when the person's physical or mental condition is impaired                           
11       as a result of the introduction of an intoxicating liquor or a controlled substance into                          
12       the person's body in circumstances other than described in AS 11.61.200(a)(7);                                    
13                 (2)  discharges a firearm from, on, or across a highway;                                                
14                 (3)  discharges a firearm with reckless disregard for a risk of damage to                               
01       property or a risk of physical injury to a person under circumstances other than those                            
02       described in AS 11.61.195(a)(3)(A);                                                                               
03                 (4)  manufactures, possesses, transports, sells, or transfers metal                                     
04       knuckles;                                                                                                         
05                 (5)  [MANUFACTURES,] sells [,] or transfers a switchblade or a                                          
06       gravity knife to a person under 18 years of age without the prior written consent                             
07       of the person's parent or guardian;                                                                           
08                 (6)  knowingly sells a firearm or a defensive weapon to a person under                                  
09       18 years of age;                                                                                                  
10                 (7)  other than a preschool, elementary, junior high, or secondary                                      
11       school student, knowingly possesses a deadly weapon or a defensive weapon, without                                
12       the permission of the chief administrative officer of the school or district or the                               
13       designee of the chief administrative officer, within the buildings of, on the grounds of,                         
14       or on the school parking lot of a public or private preschool, elementary, junior high,                           
15       or secondary school, on a school bus while being transported to or from school or a                               
16       school-sponsored event, or while participating in a school-sponsored event, except that                           
17       a person 21 years of age or older may possess                                                                     
18                      (A)  a deadly weapon, other than a loaded firearm, in the trunk                                    
19            of a motor vehicle or encased in a closed container in a motor vehicle;                                      
20                      (B)  a defensive weapon;                                                                           
21                      (C)  an unloaded firearm if the person is traversing school                                        
22            premises in a rural area for the purpose of entering public or private land that is                          
23            open to hunting and the school board with jurisdiction over the school                                       
24            premises has elected to have this exemption apply to the school premises; in                                 
25            this subparagraph, "rural" means a community with a population of 5,500 or                                   
26            less that is not connected by road or rail to Anchorage or Fairbanks or with a                               
27            population of 1,500 or less that is connected by road or rail to Anchorage or                                
28            Fairbanks; or                                                                                                
29                 (8)  being a preschool, elementary, junior high, or secondary school                                    
30       student, knowingly possesses a deadly weapon or a defensive weapon, within the                                    
31       buildings of, on the grounds of, or on the school parking lot of a public or private                              
01       preschool, elementary, junior high, or secondary school, on a school bus while being                              
02       transported to or from school or a school-sponsored event, or while participating in a                            
03       school-sponsored event, except that a student may possess a deadly weapon, other                                  
04       than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student                               
05       has obtained the prior permission of the chief administrative officer of the school or                            
06       district or the designee of the chief administrative officer for the possession.                                  
07    * Sec. 2. AS 11.61.220(a) is amended to read:                                                                      
08            (a)  A person commits the crime of misconduct involving weapons in the fifth                                 
09       degree if the person                                                                                              
10                 (1)  is 21 years of age or older and knowingly possesses a deadly                                       
11       weapon, other than an ordinary pocket knife or a defensive weapon,                                                
12                      (A)  that is concealed on the person, and, when contacted by a                                     
13            peace officer, the person fails to                                                                           
14                           (i)  immediately inform the peace officer of that                                             
15                 possession; or                                                                                          
16                           (ii)  allow the peace officer to secure the deadly weapon,                                    
17                 or fails to secure the weapon at the direction of the peace officer,                                    
18                 during the duration of the contact;                                                                     
19                      (B)  that is concealed on the person within the residence of                                       
20            another person unless the person has first obtained the express permission of                                
21            an adult residing there to bring a concealed deadly weapon within the                                        
22            residence;                                                                                                   
23                 (2)  knowingly possesses a loaded firearm on the person in any place                                    
24       where intoxicating liquor is sold for consumption on the premises;                                                
25                 (3)  being an unemancipated minor under 16 years of age, possesses a                                    
26       firearm, switchblade, or gravity knife without the consent of a parent or guardian of                         
27       the minor;                                                                                                        
28                 (4)  knowingly possesses a firearm                                                                      
29                      (A)  within the grounds of or on a parking lot immediately                                         
30            adjacent to an entity, other than a private residence, licensed as a child care                              
31            facility under AS 47.32 or recognized by the federal government for the care of                              
01            children, except that a person 21 years of age or older may possess an unloaded                              
02            firearm in the trunk of a motor vehicle or encased in a closed container of a                                
03            motor vehicle;                                                                                               
04                      (B)  within a                                                                                      
05                           (i)  courtroom or office of the Alaska Court System; or                                       
06                           (ii)  courthouse that is occupied only by the Alaska                                          
07                 Court System and other justice-related agencies; or                                                     
08                      (C)  within a domestic violence or sexual assault shelter that                                     
09            receives funding from the state;                                                                             
10                 (5)  possesses or transports a switchblade or a gravity knife; or                                       
11                 (6)  is less than 21 years of age and knowingly possesses a deadly                                      
12       weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed                              
13       on the person.                                                                                                    
14    * Sec. 3. AS 11.81.900(b) is amended by adding new paragraphs to read:                                             
15                 (65)  "gravity knife" means any knife that has a blade that opens or                                    
16       releases a blade from its handle or sheath by the force of gravity or by the application                          
17       of centrifugal force; "gravity knife" does not include a knife that has a spring, detent,                         
18       or other mechanism designed to create a bias toward closure that requires a person to                             
19       apply exertion to the blade by hand, wrist, or arm to overcome the bias toward closure                            
20       and open or release the blade;                                                                                    
21                 (66)  "switchblade" means any knife that has a blade that folds, closes,                                
22       or retracts into the handle or sheath that opens automatically by pressure applied to a                           
23       button or other device located on the handle or sheath; "switchblade" does not include                            
24       a knife that has a spring, detent, or other mechanism designed to create a bias toward                            
25       closure that requires exertion applied to the blade by hand, wrist, or arm to overcome                            
26       the bias toward closure and open the blade.                                                                       
27    * Sec. 4. AS 29.10.200(40) is amended to read:                                                                     
28                 (40)  AS 29.35.145 (regulation of firearms and knives);                                             
29    * Sec. 5. AS 29.35.145(a) is amended to read:                                                                      
30            (a)  The authority to regulate firearms and knives is reserved to the state, and,                        
31       except as specifically provided by statute, a municipality may not enact or enforce an                            
01       ordinance regulating the possession, ownership, sale, transfer, use, carrying,                                    
02       transportation, licensing, taxation, or registration of firearms or knives.                                   
03    * Sec. 6. AS 29.35.145(b) is amended to read:                                                                      
04            (b)  Municipalities may enact and enforce ordinances                                                         
05                 (1)  that are identical to state law and that have the same penalty as                                  
06       provided for by state law;                                                                                        
07                 (2)  restricting the discharge of firearms in any portion of their                                      
08       respective jurisdictions where there is a reasonable likelihood that people, domestic                             
09       animals, or property will be jeopardized; ordinances enacted or enforced under this                               
10       paragraph may not abridge the right of the individual guaranteed by art. I, sec. 19,                              
11       Constitution of the State of Alaska, to bear arms in defense of self or others;                                   
12                 (3)  restricting the areas in their respective jurisdictions in which                                   
13       firearms or knives may be sold; a business selling firearms or knives may not be                          
14       treated more restrictively than other businesses located within the same zone; and                                
15                 (4)  prohibiting the possession of firearms or knives in the restricted                             
16       access area of municipal government buildings; the municipal assembly shall post                                  
17       notice of the prohibition against possession of firearms or knives at each entrance to                        
18       the restricted access area.                                                                                       
19    * Sec. 7. AS 11.61.220(a)(5) is repealed.                                                                          
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