Knife Rights bill signed in Alaska

[Matthew Carberry]

Switchblades and gravity knives are defined in statute, no longer prohibited in Alaska, and knife laws are preempted to the state.

Can't sell or transfer to under 18 without prior written consent by parent or guardian (4th deg misdemeanor), can't possess under 16 without that permission (5th deg misdemeanor). Those are basically our only possession rules for handguns as well.

http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0033Z&session=28

Governor signed today, not sure what the effective date is.

[zahc]

I don't like this trend of laws that make things legal.

[Matthew Carberry]

I don't like this trend of laws that make things legal.

If you are being serious in a philosophical way...

Technically this just defines them and then removes them from the list of prohibited weapons (leaving only metal knuckles) and preempts local laws.  They are now legal by default of not being prohibited, like nunchucks, or the Glaive from Krull, not "legalized" by statute.

Alaska is pretty big on "whatever isn't expressly forbidden is permitted" versus "whatever isn't expressly permitted is forbidden." This law makes it the former.

[zahc]

Alaska is pretty big on "whatever isn't expressly forbidden is permitted"

Then why is the law necessary? At best, it's a redundant and pointless restatement of the values expressed above.

[Tallpine]

can't possess under 16 without that permission

All knives or just Switchblades and gravity knives 

I carried a knife from about 4th grade on, as did most kids including many girls.  I suppose I had "permission" but it's not like I had a notarized letter to carry around.

[CNYCacher]

Zahc you seem to be mixing "law" and "bill"

The *bill* is necessary because it amends the *law* to remove the parts of the *law* which makes certain knives illegal.

[Matthew Carberry]

All knives or just Switchblades and gravity knives  

I carried a knife from about 4th grade on, as did most kids including many girls.  I suppose I had "permission" but it's not like I had a notarized letter to carry around.

Only switchblades and gravity knives, not any other kind of knife. in that they are treated like firearms. Which is "meh" but whatcha gonna do?  And the possession doesn't require proof of prior written permission, the parents or legal guardian would eliminate any charge by saying "yeah, I gave her permission." But you can't stop someone in Alaska to check their knife, even a minor, there'd have to be some other reason for the question to arise in the first place.

The sale or transfer requiring prior written permission is something the vendor has to verify, like buying booze, cigarettes, or guns.  Kid has switchblade, says they bought it from Bob's Knives or their buddy Steve gave it to them, Bob and Steve better have a written record of the permission to buy/transfer.

Possession only requires parental approval -under- 16, and is perfectly legal from 16-18.  A 16-18 year old asked by a cop where they got a switchblade is under no legal obligation to tell them. If the cop didn't see the transaction they can't do anything.

[De Selby]

Matthew highlights a good point - defining these knives prevents debates over whether any particular knife is banned. 

This is good law making, IMHO.

[Matthew Carberry]

Matthew highlights a good point - defining these knives prevents debates over whether any particular knife is banned. 

This is good law making, IMHO.

We almost passed this last year. This session the House bill was to define switchblades and gravity knives in statute to forestall attempts, as happened elsewhere, to try to call spring-assisted openers "switchblades". When it passed to the Senate it was amended with the decrim and state law preemption. Went back to the House and passed as amended.

I can't think of the guy's name but the head of KnifeRights.org has been doing yeoman's work nationwide with decrim of switchblades and repealing other knife restrictions, getting state preemption of knife laws, and holding the line in places like New York. They call themselves the "second front" in the battle for the second amendment and it isn't hyperbole. I recommend joining and donating to them.

[French G.]

Virginia needs this, we have horrific non-firearm weapon laws.

[Matthew Carberry]

http://www.kniferights.org/index.php?option=com_content&task=view&id=219&Itemid=1

[Levant]

Didn't have time to read the full thread since I am mobile but one important reason for a law like this is that it codified state supremacy on the issue. Until we get a supreme court that supports the Constitution, that is the best we can do.