00 SENATE BILL NO. 237 01 "An Act relating to offenses involving delivery of firearms to minors and to 02 offenses involving possession of dangerous instruments, including firearms, by 03 minors." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.61.210 is amended by adding new subsections to read: 06  (d) In a prosecution under (a)(6) of this section involving the sale of a firearm, 07 it is a defense that, at the time of the sale, the person under 18 years of age was 08 accompanied by the person's parent or guardian. 09  (e) In a prosecution under (a)(6) of this section involving the sale of a firearm, 10 it is an affirmative defense that the sale was made to a person under 18 years of age 11 as to whom, at the time of the sale, the disabilities of minority had been removed 12 under AS 09.55.590 or under AS 25.20.020. 13 * Sec. 2. AS 11.61.220(a) is amended to read: 14  (a) A person commits the crime of misconduct involving weapons in the fifth 01 degree if the person 02  (1) knowingly possesses a deadly weapon, other than an ordinary 03 pocketknife or a defensive weapon, that is concealed on the person; 04  (2) knowingly possesses a loaded firearm on the person in any place 05 where intoxicating liquor is sold for consumption on the premises; 06  (3) being a person 07  (A) under 14 years of age, possesses a dangerous instrument; 08 or 09  (B) 14 or 15 years of age, or being a person 16 or 17 years 10 of age as to whom the disabilities of minority have not been removed 11 under AS 09.55.590 or AS 25.20.020 [AN UNEMANCIPATED MINOR 12 UNDER 16 YEARS OF AGE], possesses a 13  (i) dangerous instrument that is not a firearm; or 14  (ii) firearm without the consent of the person's [A] 15 parent or guardian [OF THE MINOR]; 16  (4) knowingly possesses a firearm 17  (A) or a defensive weapon within the grounds of or on a 18 parking lot immediately adjacent to a public or private preschool, elementary, 19 junior high, or secondary school without the permission of the chief 20 administrative officer of the school or district or the designee of the chief 21 administrative officer, except that a person 21 years of age or older may 22 possess 23  (i) an unloaded firearm in the trunk of a motor vehicle 24 or encased in a closed container in a motor vehicle; 25  (ii) a defensive weapon; or 26  (B) within the grounds of or on a parking lot immediately 27 adjacent to a center, other than a private residence, licensed under 28 AS 47.35.010 - 47.35.075 or recognized by the federal government for the care 29 of children; or 30  (5) possesses or transports a switchblade or a gravity knife. 31 * Sec. 3. AS 11.61.220(g) is amended to read: 01  (g) Except as provided in (j) of this section, misconduct [MISCONDUCT] 02 involving weapons in the fifth degree is a class B misdemeanor. 03 * Sec. 4. AS 11.61.220 is amended by adding new subsections to read: 04  (h) The provisions of (a)(3) of this section do not apply to a person under 18 05 years of age in possession of a firearm if the person possesses the firearm 06  (1) at an established and lawfully operated range or target concession 07 for the purpose of firing at targets at the range or concession; 08  (2) while in attendance at a hunter safety course or firearm safety 09 course for the purpose of using the firearm in conjunction with lessons presented 10 during that course; 11  (3) while engaged in organized competition involving use of the 12 firearm, or while practicing for an organized competition in which the person plans to 13 participate; 14  (4) on premises owned by or leased by another with the consent of the 15 owner or lessee of those premises; 16  (5) while actually engaged in lawful 17  (A) hunting; or 18  (B) fishing, trapping, or other lawful outdoor activity if the 19 fishing, trapping, or other lawful outdoor activity necessarily involves the 20 carrying of a weapon for personal protection; or 21  (6) while traveling to or from any activity described in (1) - (5) of this 22 subsection. 23  (i) In a prosecution under (a)(3) of this section, it is a defense to a charge 24 brought 25  (1) under (a)(3)(A) of this section that the defendant possessed a 26 firearm and, at the time of possession, was accompanied by an adult; 27  (2) under (a)(3)(B)(ii) of this section that the defendant, at the time of 28 possession, was accompanied by the defendant's parent or guardian. 29  (j) A person convicted under (a)(3) of this section is guilty of a 30  (1) class B misdemeanor if the conviction is the person's first 31 conviction of the offense described in (a)(3) of this section and the person had not 01 been previously adjudicated a delinquent minor under AS 47.10.010 - 47.10.142 for 02 a violation of (a)(3) of this section; 03  (2) class A misdemeanor if, within the preceding seven years, the 04 person was convicted under (a)(3) of this section or under a law or ordinance of 05 another jurisdiction with elements substantially similar to those of the offenses 06 described in (a)(3) of this section, or was adjudicated a delinquent minor under 07 AS 47.10.010 - 47.10.142 if the delinquency finding is based upon a violation of (a)(3) 08 of this section or of a law or ordinance of another jurisdiction with elements 09 substantially similar to those of the offenses described in (a)(3) of this section. 10 * Sec. 5. AS 47.10.080(b) is amended to read: 11  (b) If the court finds that the minor is delinquent, it shall 12  (1) order the minor committed to the department for a period of time 13 not to exceed two years or in any event extend past the day the minor becomes 19, 14 except that the department may petition for and the court may grant in a hearing (A) 15 two-year extensions of commitment that do not extend beyond the child's 19th 16 birthday if the extension is in the best interests of the minor and the public; and (B) 17 an additional one-year period of supervision past age 19 if continued supervision is in 18 the best interests of the person and the person consents to it; the department shall place 19 the minor in the juvenile facility that the department considers appropriate and that 20 may include a juvenile correctional school, juvenile work camp, detention home, or 21 detention facility; the minor may be released from placement or detention and placed 22 on probation on order of the court and may also be released by the department, in its 23 discretion, under AS 47.10.200; 24  (2) order the minor placed on probation, to be supervised by the 25 department, and released to the minor's parents, guardian, or a suitable person; if the 26 court orders the minor placed on probation, it may specify the terms and conditions 27 of probation; the probation may be for a period of time, not to exceed two years and 28 in no event extend past the day the minor becomes 19, except that the department may 29 petition for and the court may grant in a hearing 30  (A) two-year extensions of supervision that do not extend 31 beyond the child's 19th birthday if the extension is in the best interests of the 01 minor and the public; and 02  (B) an additional one-year period of supervision past age 19 if 03 the continued supervision is in the best interests of the person and the person 04 consents to it; 05  (3) order the minor committed to the department and placed on 06 probation, to be supervised by the department, and released to the minor's parents, 07 guardian, other suitable person, or suitable nondetention setting such as a family home, 08 group care facility, or child care facility, whichever the department considers 09 appropriate to implement the treatment plan of the predisposition report; if the court 10 orders the minor placed on probation, it may specify the terms and conditions of 11 probation; the department may transfer the minor, in the minor's best interests, from 12 one of the probationary placement settings listed in this paragraph to another, and the 13 minor, the minor's parents or guardian, and the minor's attorney are entitled to 14 reasonable notice of the transfer; the probation may be for a period of time, not to 15 exceed two years and in no event extend past the day the minor becomes 19, except 16 that the department may petition for and the court may grant in a hearing 17  (A) two-year extensions of commitment that do not extend 18 beyond the child's 19th birthday if the extension is in the best interests of the 19 minor and the public; and 20  (B) an additional one-year period of supervision past age 19 if 21 the continued supervision is in the best interests of the person and the person 22 consents to it; 23  (4) order the minor to make suitable restitution in lieu of or in addition 24 to the court's order under (1), (2), or (3) of this subsection; 25  (5) order the minor committed to the department for placement in an 26 adventure based education program established under AS 47.21.020 with conditions 27 the court considers appropriate concerning release upon satisfactory completion of the 28 program or commitment under (1) of this subsection if the program is not satisfactorily 29 completed; [OR] 30  (6) in addition to an order under (1) - (5) of this subsection, if the 31 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 01 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 02 purposes of this paragraph, "community service" includes work 03  (A) on a project identified in AS 33.30.901; or 04  (B) that, on the recommendation of the city council or 05 traditional village council, would benefit persons within the city or village who 06 are elderly or disabled; or 07  (7) in addition to an order under (1) - (5) of this subsection, if the 08 delinquency finding is based on the minor's violation of AS 11.61.220(a)(3), revoke 09 the minor's driver's license, privilege to drive, or privilege to obtain a driver's 10 license for a period of 11  (A) one year, if the delinquency finding is based on the 12 minor's first violation of AS 11.61.220(a)(3); and 13  (B) two years and, in addition, order the minor to perform 14 100 hours of community service, if the delinquency finding is based on the 15 minor's second or subsequent violation of AS 11.61.220(a)(3); for purposes 16 of this subparagraph, "community service" includes work described in 17 (6)(A) - (B) of this subsection. 18 * Sec. 6. APPLICABILITY. This Act applies to offenses committed on or after the 19 effective date of this Act. In AS 11.61.220(j)(2), added by sec. 4 of this Act, reference to 20 previous or earlier convictions or adjudications of delinquency under AS 47.10.010 - 21 47.10.142 does not include convictions or adjudications of delinquency under 22 AS 11.61.220(a)(3) as it read before its amendment by sec. 2 of this Act.