I thought the new law made gravity knives GTG????

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[ARCHIVED THREAD] - I thought the new law made gravity knives GTG????

Posted: 10/11/2013 12:52:21 AM EDT

Zackery Roy Brown, 19, of North Pole, was charged with misdemeanor weapons misconduct for allegedly possessing a gravity knife on Sept. 20.
Brown was stopped for speeding on the Mitchell Expressway, troopers said.
He had a gravity knife on the passenger seat and said it belonged to him, troopers said. He said he did not realize that type of knife is illegal, troopers said.

From the newsminer

Posted: 10/11/2013 4:21:32 AM EDT

[#1]

local ordinance perhaps?

Posted: 10/11/2013 7:30:51 AM EDT

[#2]

I think that is before the law actually took effect. There was a 90 day window after Gov signature before it went into effect. It was Sept 27 or so I thought that the law then took effect. If it was Sept 20, the old books were in full force.

Looks like the implementation date was Sept 16th. Maybe the trooper was not up to date? or Local option as said above.

Posted: 10/11/2013 12:15:21 PM EDT

[#3]

His civil rights is violatin'
.
I advise him to contact the State Attorney General's office, immediate.

Posted: 10/11/2013 4:59:59 PM EDT

[#4]

Do you have to be 21 to legally carry one? Under 21 and you cannot carry a concealed "deadly weapon" as defined.

Posted: 10/12/2013 6:28:13 PM EDT

[#5]

Quote History

Quoted:
Do you have to be 21 to legally carry one? Under 21 and you cannot carry a concealed "deadly weapon" as defined.

View Quote

Wasn't concealed though

Posted: 10/12/2013 10:09:03 PM EDT

[#6]

If it falls under the definition of Deadly Weapon then it doesn't matter. This can include things suck as axes, brass knuckles, clubs, etc.

AS 11.81.900

(17) "deadly weapon" means any firearm, or anything designed for and capable of causing death or serious physical injury, including a knife, an axe, a club, metal knuckles, or an explosive;

Just possessing one and being under 21 is misconduct. Being 21 or older and having it concealed can draw penalties under certain circumstances as well.

Corrected

Posted: 10/26/2013 11:52:03 AM EDT

[#7]

All weapon laws need to be repealed.

If you aren't committing a crime, there is no point to them.

Posted: 10/26/2013 3:26:31 PM EDT

[#8]

Quote History

Quoted:
If it falls under the definition of Deadly Weapon then it doesn't matter. This can include things suck as axes, brass knuckles, clubs, etc.

AS 11.81.900

(17) "deadly weapon" means any firearm, or anything designed for and capable of causing death or serious physical injury, including a knife, an axe, a club, metal knuckles, or an explosive;

Just possessing one and being under 21 is misconduct. Being 21 or older and having it concealed can draw penalties under certain circumstances as well.

View Quote

Axe? Someone under 21 can not posses an axe?

Posted: 10/26/2013 7:14:36 PM EDT

[#9]

Sorry to have misled. Let me just print the pertinent statute and stop trying to interpret. These are the 2012 statutes before the changes

Sec. 11.61.210. Misconduct involving weapons in the fourth
degree.

(a) A person commits the crime of misconduct
involving weapons in the fourth degree if the person

(1) possesses on
the person, or in the interior of a vehicle in which the person is present, a
firearm when the person's physical or mental condition is impaired as a result
of the introduction of an intoxicating liquor or a controlled substance into
the person's body in circumstances other than described in AS 11.61.200(a)(7);

(2) discharges a
firearm from, on, or across a highway;

(3) discharges a
firearm with reckless disregard for a risk of damage to property or a risk of
physical injury to a person under circumstances other than those described in AS 11.61.195(a)(3)(A);

(4)
manufactures, possesses, transports, sells, or transfers metal knuckles;

(5)
manufactures, sells, or transfers a switchblade or a gravity knife;

(6) knowingly
sells a firearm or a defensive weapon to a person under 18 years of age;

(7) other than a
preschool, elementary, junior high, or secondary school student, knowingly
possesses a deadly weapon or a defensive weapon, without the permission of the
chief administrative officer of the school or district or the designee of the
chief administrative officer, within the buildings of, on the grounds of, or on
the school parking lot of a public or private preschool, elementary, junior
high, or secondary school, on a school bus while being transported to or from
school or a school-sponsored event, or while participating in a
school-sponsored event, except that a person 21 years of age or older may
possess

(A)
a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle
or encased in a closed container in a motor vehicle;

(B)
a defensive weapon;

(C)
an unloaded firearm if the person is traversing school premises in a rural area
for the purpose of entering public or private land that is open to hunting and
the school board with jurisdiction over the school premises has elected to have
this exemption apply to the school premises; in this subparagraph,
"rural" means a community with a population of 5,500 or less that is
not connected by road or rail to Anchorage or Fairbanks or with a population of
1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or

(8) being a
preschool, elementary, junior high, or secondary school student, knowingly
possesses a deadly weapon or a defensive weapon, within the buildings of, on
the grounds of, or on the school parking lot of a public or private preschool,
elementary, junior high, or secondary school, on a school bus while being
transported to or from school or a school-sponsored event, or while
participating in a school-sponsored event, except that a student may possess a
deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a
defensive weapon if the student has obtained the prior permission of the chief
administrative officer of the school or district or the designee of the chief
administrative officer for the possession.

(b) [Repealed, Sec. 4 ch 63 SLA 1990].

(c) The provisions of (a)(7) of this section
do not apply to a peace officer acting within the scope and authority of the
officer's employment.

(d) Misconduct involving weapons in the fourth
degree is a class A misdemeanor.

Sec. 11.61.215. Intoxication as applicable to possession of a
firearm. [Repealed, Sec. 11 ch 59 SLA 1991].

Repealed or Renumbered

Sec. 11.61.220. Misconduct involving weapons in the fifth
degree.

(a) A person commits the crime of misconduct
involving weapons in the fifth degree if the person

(1) is 21 years
of age or older and knowingly possesses a deadly weapon, other than an ordinary
pocket knife or a defensive weapon,

(A)
that is concealed on the person, and, when contacted by a peace officer, the
person fails to

(i)
immediately inform the peace officer of that possession; or

(ii)
allow the peace officer to secure the deadly weapon, or fails to secure the
weapon at the direction of the peace officer, during the duration of the
contact;

(B)
that is concealed on the person within the residence of another person unless
the person has first obtained the express permission of an adult residing there
to bring a concealed deadly weapon within the residence;

(2) knowingly
possesses a loaded firearm on the person in any place where intoxicating liquor
is sold for consumption on the premises;

(3) being an
unemancipated minor under 16 years of age, possesses a firearm without the
consent of a parent or guardian of the minor;

(4) knowingly
possesses a firearm

(A)
within the grounds of or on a parking lot immediately adjacent to an entity,
other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal
government for the care of children, except that a person 21 years of age or
older may possess an unloaded firearm in the trunk of a motor vehicle or
encased in a closed container of a motor vehicle;

(B)
within a

(i)
courtroom or office of the Alaska Court System; or

(ii)
courthouse that is occupied only by the Alaska Court System and other
justice-related agencies; or

(C)
within a domestic violence or sexual assault shelter that receives funding from
the state;

(5) possesses or
transports a switchblade or a gravity knife; or

(6) is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordinary pocket knife or defensive weapon, that is concealed

on the person

(b) In a prosecution under (a)(6) of this
section, it is an affirmative defense that the defendant, at the time of
possession, was

(1) in the
defendant's dwelling or on land owned or leased by the defendant appurtenant to
the dwelling; or

(2) actually
engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity
that necessarily involves the carrying of a weapon for personal protection.

(c) The provisions of (a)(2) and (4) of this
section do not apply to a peace officer acting within the scope and authority
of the officer's employment.

(d) In a prosecution under (a)(2) of this
section, it is

(1) an
affirmative defense that

(A) [Repealed, Sec. 7 ch 62 SLA 2003].

(B)
the loaded firearm was a concealed handgun as defined in AS 18.65.790; and

(C)
the possession occurred at a place designated as a restaurant for the purposes
of AS 04.16.049 and the defendant did not consume
intoxicating liquor at the place;

(2) a defense
that the defendant, at the time of possession, was on business premises

(A)
owned by or leased by the defendant; or

(B)
in the course of the defendant's employment for the owner or lessee of those
premises.

(e) For purposes of this section, a deadly
weapon on a person is concealed if it is covered or enclosed in any manner so
that an observer cannot determine that it is a weapon without removing it from
that which covers or encloses it or without opening, lifting, or removing that
which covers or encloses it; a deadly weapon on a person is not concealed if it
is an unloaded firearm encased in a closed container designed for transporting
firearms.
<o:p></o:p>

(f) For purposes of (a)(2) and (e) of this
section, a firearm is loaded if the

(1) firing
chamber, magazine, clip, or cylinder of the firearm contains a cartridge; and

(2) chamber,
magazine, clip, or cylinder is installed in or on the firearm.

(g) Misconduct involving weapons in the fifth
degree is a class B misdemeanor.

(h) The provisions of (a)(1) and (6) of this
section do not apply to a

(1) peace
officer of this state or a municipality of this state acting within the scope
and authority of the officer's employment;

(2) peace
officer employed by another state or a political subdivision of another state
who, at the time of the possession, is

(A)
certified as a peace officer by the other state; and

(B)
acting within the scope and authority of the officer's employment; or

(3) police
officer of this state or a police officer or chief administrative officer of a
municipality of this state; in this paragraph, "police officer" and
"chief administrative officer" have the meanings given in AS 18.65.290.

(i) In a prosecution

(1) under
(a)(4)(B) of this section, it is a defense that the defendant, at the time of
possession, was authorized to possess the firearm under a rule of court;

(2) under
(a)(4)(C) of this section, it is a defense that the defendant, at the time of
possession, was authorized in writing by the administrator of the shelter to
possess the firearm.

(j) In
(a)(1) of this section, "contacted by a peace officer" means stopped,
detained, questioned, or addressed in person by the peace officer for an
official purpose.

Posted: 10/29/2013 1:39:06 PM EDT

[#10]

I keep seeing old laws being kicked up here. This year on 9/18/2013, under House Bill 33, these knives became legal to own within the State of Alaska. Now whether your friends confiscation falls under exceptions for municipalities, that would be something he would have to check into. This is just the House Journal voting on passing the amendments and making it legal to own and manufacture. There are restrictions that can be found within the bill.

Full bill history can be found here with newest found at bottom of page:
http://www.legis.state.ak.us/basis/get_bill.asp?session=28&bill=HB33&submit=Display+Bill

This is the House Journal voting on passing the amendments to the old law and making it legal to own and manufacture these knives. There are restrictions that can be found within the bill. Hope this helps with this discussion.
Bob

04-12-2013 House Journal 1143

HB 33
Representative Pruitt moved and asked unanimous consent that the
House consider the Senate message (page 1003) on the following:

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."

and

04-12-2013 House Journal 1144

SENATE CS FOR HOUSE BILL NO. 33(JUD)
"An Act amending certain provisions of criminal law prohibiting
the manufacture, sale, transfer, or possession of switchblades and
gravity knives; adding definitions of 'gravity knife' and
'switchblade' to the criminal law; and reserving to the state, with
limited exceptions for municipalities, the authority to regulate
knives."

Posted: 10/29/2013 9:42:32 PM EDT

[#11]

As for my post, I did state that I was quoting the statutes in force before the bill passed.

[ARCHIVED THREAD] - I thought the new law made gravity knives GTG????

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