CSHB 351(JUD): "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons."
00CS FOR HOUSE BILL NO. 351(JUD) 01 "An Act relating to permits for the carrying of a concealed handgun; providing 02 for local option elections in municipalities and established villages to prohibit the 03 possession of a concealed handgun under a permit; and relating to the possession 04 of weapons." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.61.220(b) is amended to read: 07 (b) In a prosecution under (a)(1) of this section, it is an affirmative defense 08 that the defendant, at the time of possession, was 09 (1) in the defendant's dwelling or on land owned or leased by the 10 defendant appurtenant to the dwelling; or 11 (2) actually engaged in lawful hunting, fishing, trapping, or other lawful 12 outdoor activity that necessarily involves the carrying of a weapon for personal 13 protection; 14 (3) the holder of a valid permit to carry a concealed handgun under
01 AS 18.65.700 - 18.65.790, the deadly weapon concealed was a handgun as defined 02 in AS 18.65.790, and the possession did not occur in a municipality or established 03 village that had prohibited possession of concealed handguns under AS 18.65.780 -18.65.785. 04 * Sec. 2. AS 11.61.220(e) is amended to read: 05 (e) For purposes of this section, a deadly weapon on a person is concealed if 06 it is covered or enclosed in any manner so that an observer cannot determine that it 07 is a weapon without removing it from that which covers or encloses it or without 08 opening, lifting, or removing that which covers or encloses it; a deadly weapon on 09 a person is not concealed if it is an unloaded firearm encased in a closed and 10 locked container designed for transporting firearms. 11 * Sec. 3. AS 11.61.220(f) is amended to read: 12 (f) For purposes of (a)(2) and (e) of this section, a firearm is loaded if the 13 firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge. 14 * Sec. 4. AS 18.65 is amended by adding new sections to read: 15 ARTICLE 9. PERMIT TO CARRY A CONCEALED HANDGUN. 16 Sec. 18.65.700. PERMIT TO CARRY A CONCEALED HANDGUN. (a) The 17 department shall issue a permit to carry a concealed handgun to a person who 18 (1) applies in person at an office of the Alaska State Troopers; 19 (2) qualifies under AS 18.65.705; 20 (3) submits a completed application on a form provided by the 21 department, that provides the information required under AS 18.65.705 and 18.65.710 22 and is executed under oath; 23 (4) submits two complete sets of fingerprints on Federal Bureau of 24 Investigation approved fingerprint cards that are of sufficient quality so that the 25 fingerprints may be processed; 26 (5) submits evidence of competence with handguns as provided in 27 AS 18.65.715; 28 (6) provides two frontal view color photographs of the person taken 29 within the preceding 30 days that include the head and shoulders of the person and are 30 of a size specified by the department; 31 (7) shows a valid Alaska driver's license or identification card at the
01 time of application; 02 (8) is physically and mentally capable to carry a concealed handgun 03 safely; and 04 (9) pays the application fee required by AS 18.65.720. 05 (b) The department shall either approve or reject an application for a permit 06 to carry a concealed handgun under (a) of this section within 30 days of receipt of 07 background information from the Federal Bureau of Investigation or other agency 08 necessary to make a determination concerning the application. The department shall 09 notify the applicant in writing of the reason for a rejection. 10 (c) A permit issued under (a) of this section is valid for three years from the 11 date of issue. The permit must specify the size and type of handgun described in the 12 permittee's certificate of competency under AS 18.65.715. 13 Sec. 18.65.705. QUALIFICATIONS TO OBTAIN A PERMIT. A person is 14 qualified to receive and hold a permit to carry a concealed handgun if the person 15 (1) is 21 years of age or older; 16 (2) is eligible to own or possess a firearm under the laws of this state 17 and under federal law; 18 (3) has not been convicted of and is not currently charged under a 19 complaint, information, indictment, or presentment with a felony under the laws of this 20 state or a similar law of another jurisdiction; 21 (4) has not been convicted, within the five years immediately preceding 22 the application, of, and is not currently charged under a complaint, information, 23 indictment, or presentment with, any of the following misdemeanor offenses or similar 24 laws of another jurisdiction: 25 (A) AS 11.41.230, 11.41.250, 11.41.270; 26 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 27 (C) AS 11.51.130; 28 (D) AS 11.56.330, 11.56.350, 11.56.380, 11.56.545, 11.56.700, 29 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 11.56.805, 11.56.810; 30 (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 31 (F) AS 11.71.050, 11.71.060;
01 (G) AS 18.65.750, 18.65.755, 18.65.760; or 02 (H) any misdemeanor offense committed while the person 03 possessed a concealed handgun; 04 (5) is not now suffering, and has not within the five years immediately 05 preceding the application suffered, from a mental illness as defined in AS 47.30.915; 06 (6) has not been adjudicated as mentally incapacitated by a court of this 07 state, another state, territory, or jurisdiction, or of the United States, unless the 08 guardianship or similar arrangement has been closed or terminated and five years have 09 elapsed since the closure or other termination; 10 (7) is a resident of the state and has been for the 90 days immediately 11 preceding the application for a permit; 12 (8) has not been discharged from the armed forces of the United States 13 under dishonorable conditions; 14 (9) is not an alien who is residing in the United States illegally or a 15 former citizen of the United States who has renounced the person's citizenship; 16 (10) is not an unlawful user of, or addicted to, a controlled substance; 17 (11) is not now in and has not previously involuntarily entered an 18 alcohol treatment program, unless the person presents the department with a sworn 19 statement of a medical or psychological professional that the person has undergone 20 treatment for alcohol abuse and has demonstrated freedom from alcohol impairment 21 for the three years immediately preceding the application; 22 (12) is not now in and has not previously entered a substance abuse 23 treatment program, unless the person presents the department with a sworn statement 24 of a medical or psychological professional that the person has undergone treatment for 25 substance abuse and has demonstrated freedom from substance impairment for the 26 three years immediately preceding the application; and 27 (13) has demonstrated competence with handguns as provided in 28 AS 18.65.715. 29 Sec. 18.65.710. APPLICATION FOR PERMIT TO CARRY A CONCEALED 30 HANDGUN. The application for a permit to carry a concealed handgun must, at a 31 minimum, include
01 (1) the applicant's name, physical residence, mailing address, place and 02 date of birth, physical description, including height, weight, race, hair color, and eye 03 color, and Alaska driver's license or identification card number; 04 (2) a statement that the applicant qualifies under AS 18.65.705; 05 (3) a statement that the applicant has been furnished with a copy of 06 AS 18.65.700 - 18.65.790, has read those sections, and understands them; 07 (4) a statement that the applicant desires a permit to carry a concealed 08 handgun for a lawful purpose, which may include self-defense; 09 (5) a sworn statement by the applicant that all statements, answers, and 10 attachments to the application are true and complete; 11 (6) a conspicuous warning that the application is executed under oath 12 and that an applicant who supplies a false statement, answer, or document, in 13 connection with the application that the applicant does not believe to be true, may be 14 prosecuted for perjury under AS 11.56.200 and, if found guilty, may be punished for 15 violation of a class B felony, and that in such cases the permit shall be revoked and 16 the applicant may be barred from any further application for a permit; 17 (7) a statement that the applicant understands that a background 18 investigation may be conducted as a part of the application process, that this may 19 involve computerized records searches, and that the applicant authorizes the 20 investigation; and 21 (8) any other information the department determines to be necessary 22 to carry out the provisions of AS 18.65.700 - 18.65.790. 23 Sec. 18.65.715. DEMONSTRATION OF COMPETENCE WITH 24 HANDGUNS. (a) An applicant for a permit to carry a concealed handgun shall 25 provide a certificate of successful completion of a handgun course that is approved by 26 the department. The certificate must state the type and size of handgun or handguns 27 the applicant has demonstrated competence with. A permittee may only carry as a 28 concealed handgun a size and type of handgun described in the certificate. The 29 handgun course must have been completed within the 12 months immediately 30 preceding the application. To be approved by the department, the handgun course 31 must at a minimum test the applicant's
01 (1) knowledge of Alaska law relating to firearms and the use of deadly 02 force; and 03 (2) physical competence with each type and size of handgun the 04 applicant wishes to carry under the permit. 05 (b) At the time the permittee renews a permit under AS 18.65.725 for the 06 second time and every other renewal thereafter, the permittee shall provide at the time 07 of renewal a certificate of successful completion of a handgun refresher course 08 approved by the department. A handgun refresher course required under this section 09 must be completed in the 12 months immediately preceding the appropriate renewal. 10 (c) The department shall maintain a list of approved courses and shall provide 11 the list upon request to the public. 12 Sec. 18.65.720. FEES. The department shall charge a nonrefundable fee for 13 the processing of the application for and initial issuance of a permit, renewal of a 14 permit, or replacement of a permit. The fees shall be set by regulation and must be 15 based on the actual costs incurred by the department, including charges by other 16 governmental or private agencies for conducting criminal history or other record 17 checks for implementing and maintaining the concealed handgun permit system. 18 Sec. 18.65.725. PERMIT RENEWAL. (a) A permittee shall apply in person 19 for renewal of a permit to carry a concealed handgun within 90 days before the 20 expiration of the permit and shall present a complete renewal form provided by the 21 department. The renewal form shall be submitted under oath and must include 22 (1) any change in the information originally submitted under 23 AS 18.65.710; 24 (2) a statement that the person remains qualified to receive and hold 25 a permit to carry a concealed handgun under AS 18.65.705; 26 (3) if required under AS 18.65.715, a certificate of successful 27 completion of a handgun refresher course within the 12 months immediately preceding 28 the renewal; 29 (4) two frontal view photographs of the person taken within the 30 preceding 30 days that include the head and shoulders of the person and are of a size 31 specified by the department; and
01 (5) the renewal fee required under AS 18.65.720. 02 (b) The department shall take a single thumb or fingerprint from the permittee 03 to compare against the fingerprints originally submitted with the application. 04 (c) A renewal of a permit to carry a concealed handgun submitted on or after 05 the expiration date is subject to a late fee of $25. The department may not accept a 06 renewal for a permit that is submitted more than 30 days after the expiration date of 07 the permit. Nothing in this subsection prohibits the holder of an expired permit from 08 applying for a new permit. 09 Sec. 18.65.730. REPLACEMENT OF PERMIT. The department may replace 10 a permit that the permittee certifies under oath has been lost, stolen, or destroyed, 11 provided the permittee applies in person and 12 (1) provides two frontal view photographs of the permittee taken within 13 the preceding 30 days that include the head and shoulders and are of a size specified 14 by the department; 15 (2) submits to the taking of a single thumb or fingerprint by the 16 department to compare against the fingerprint originally submitted with the application; 17 and 18 (3) pays the replacement fee required under AS 18.65.720. 19 Sec. 18.65.735. SUSPENSION OF PERMIT. (a) The department shall 20 immediately suspend a permit to carry a concealed handgun if a permittee is arrested 21 for or formally charged with a crime that would disqualify the permittee under 22 AS 18.65.705(3) - (4) from being eligible for a permit to carry a concealed handgun 23 or is the subject of an injunction under AS 25.35.010 - 25.35.020. A suspension of 24 a permit remains in effect until the permit is revoked under AS 18.65.740, the 25 department has been notified of a disposition favorable to the defendant or the 26 defendant has been released from custody without being charged, or the injunction 27 under AS 25.35.010 - 25.35.020 is dissolved or expires without being renewed. In this 28 section, "disposition favorable to the defendant" means a dismissal by the prosecutor 29 or an adjudication by a court other than a conviction or a suspended imposition of 30 sentence. 31 (b) A person whose permit is suspended under this section shall immediately
01 surrender the permit to the nearest peace officer. A peace officer receiving a permit 02 under this section shall immediately forward the permit to the department. 03 (c) The department shall retain a permit suspended under this section until the 04 permit is revoked or returned to the permittee. 05 Sec. 18.65.740. REVOCATION OF PERMIT; APPEAL. (a) A permit to 06 carry a concealed handgun shall be immediately revoked by the department when the 07 permittee 08 (1) becomes disqualified to receive and hold a permit under 09 AS 18.65.705; 10 (2) knowingly supplied a false or fraudulent answer, statement, or 11 document, or made a material misstatement or omission, in connection with an 12 application for a permit or renewal or replacement of a permit. 13 (b) A person whose permit is revoked under (a) of this section shall 14 immediately surrender the permit to the nearest peace officer. A peace officer 15 receiving a permit under this section shall immediately forward the permit to the 16 department. 17 (c) A person whose permit is revoked under this section may appeal the 18 revocation decision to the commissioner. A person may seek judicial review of the 19 decision of the commissioner under AS 44.62.560 - 44.62.570. 20 (d) A person whose permit is revoked may not apply for a permit until at least 21 five years after the revocation. 22 Sec. 18.65.745. NO LIABILITY FOR ISSUANCE OF PERMIT OR FOR 23 TRAINING. (a) The department, and its officers and employees, are not liable by 24 virtue of having issued a permit to carry a concealed handgun for damage or harm 25 caused by the permittee. 26 (b) A person who provides firearm training to a person who receives a permit 27 under AS 18.65.700 - 18.65.790 is not liable for damage or harm caused by the 28 permittee. 29 Sec. 18.65.750. POSSESSION AND DISPLAY OF PERMIT. (a) A permittee 30 shall carry the permit at all times the permittee carries a concealed handgun. The 31 permittee shall display both the license and other proper identification when asked to
01 do so by a peace officer at any time. 02 (b) Whenever a permittee who is carrying a concealed handgun is contacted 03 by a peace officer, the permittee shall immediately inform the peace officer that the 04 permittee is carrying a concealed handgun under the permit. 05 (c) During a contact with a permittee, a peace officer may secure a handgun, 06 or direct that it be secured, during the duration of the contact if the peace officer 07 determines that the action is necessary for the safety of any person, including the peace 08 officer, present. The permittee shall submit to the securing of the handgun. 09 (d) In this section, "contacted by a peace officer" means stopped, detained, 10 questioned, or addressed in person by the peace officer for an official purpose. 11 (e) A person who violates (a) or (b) of this section is guilty of a class B 12 misdemeanor. 13 (f) A person who violates (c) of this section is guilty of a class A 14 misdemeanor. 15 Sec. 18.65.755. PLACES WHERE PERMITTEE MAY NOT POSSESS A 16 CONCEALED HANDGUN. (a) A permittee may not carry a concealed handgun into 17 (1) a law enforcement or correctional facility; 18 (2) or on school grounds; in this paragraph, "school grounds" has the 19 meaning given in AS 11.71.900; 20 (3) a courthouse or a courtroom; 21 (4) an office or building housing state or federal offices or the offices 22 of a political subdivision of the state; 23 (5) a passenger loading or unloading area of an airline terminal; 24 (6) a vessel of the Alaska marine highway system; 25 (7) another place where the possession of a deadly weapon or firearm 26 is prohibited by law; or 27 (8) a municipality or established village that has prohibited the 28 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785. 29 (b) In addition to any other penalty provided by law, a person who violates 30 this section is guilty of a class B misdemeanor. 31 Sec. 18.65.760. MISUSE OF A PERMIT. (a) The holder of a permit issued
01 under this chapter may not 02 (1) alter the permit; 03 (2) allow another person to use the permit; or 04 (3) possess a suspended or revoked permit or display a suspended, 05 revoked, or expired permit. 06 (b) A person who violates this section is guilty of a class A misdemeanor. 07 Sec. 18.65.765. RESPONSIBILITIES OF THE PERMITTEE. (a) The holder 08 of a permit issued under this section 09 (1) shall notify the department of a change in the permittee's address 10 within 30 days; 11 (2) shall immediately report a lost, stolen, or damaged permit to the 12 department; and 13 (3) shall immediately notify the department if the holder is no longer 14 qualified to hold a permit under AS 18.65.705; and 15 (4) may only carry a concealed handgun of the type and size the holder 16 has demonstrated competency with by certificate under AS 18.65.715. 17 (b) A person who violates this section is guilty of a violation and upon 18 conviction may be punished by a fine of not more than $100. 19 Sec. 18.65.770. ACCESS TO LIST OF PERMITTEES BY PEACE 20 OFFICERS. The department shall compile a list of permittees in a manner that allows 21 immediate access to the information by peace officers. The list of permittees and all 22 applications, permits, and renewals are not public records under AS 09.25.110 - 23 09.25.125 and may only be used for law enforcement purposes. 24 Sec. 18.65.775. REGULATIONS. The department shall adopt regulations to 25 implement AS 18.65.700 - 18.65.790. 26 Sec. 18.65.780. PROHIBITION OF POSSESSION OF CONCEALED 27 HANDGUNS. (a) The following question, appearing alone, may be placed before the 28 voters of a municipality or an established village in accordance with AS 18.65.785: 29 Shall the possession of concealed handguns by permit in ....... 30 (name of municipality or village) be prohibited? 31 [ ] Yes [ ] No.
01 (b) If a majority of the voters vote "yes" on the question set out in (a) of this 02 section, the department shall be notified immediately after certification of the results 03 of the election, and so long as the prohibition remains in effect, a person may not 04 possess a concealed handgun with a permit issued under AS 18.65.700 - 18.65.790 in 05 the municipality or the established village. 06 Sec. 18.65.785. PROCEDURE FOR LOCAL OPTION ELECTIONS. (a) The 07 local governing body of a municipality, whenever a number of registered voters equal 08 to at least 10 percent of the number of votes cast at the last regular municipal election, 09 petition the local governing body to do so, shall place upon a separate ballot at the 10 next regular election or at a special election the question set out in AS 18.65.780 that 11 is the subject of the petition. The local governing body shall conduct the election in 12 accordance with the election ordinance of the municipality. 13 (b) The lieutenant governor, whenever 10 percent of the registered voters 14 residing within an established village petition the lieutenant governor to do so, shall 15 place upon a separate ballot at a special election the question set out in AS 18.65.780 16 that is the subject of the petition. The lieutenant governor shall conduct the election 17 in the manner prescribed by AS 15 (Alaska Election Code). 18 (c) Notwithstanding another provision of law, an election under (a) or (b) of 19 this section to remove a restriction on the possession of concealed handguns by permit 20 under AS 18.65.780 may not be conducted more than once every 12 months. 21 (d) AS 29.26.110 - 29.26.160 apply to a petition under (a) of this section in 22 a general law municipality except the 23 (1) number of required signatures is determined under (a) of this 24 section rather than under AS 29.26.130; 25 (2) application filed under AS 29.26.110 must contain the question set 26 out under AS 18.65.780 rather than containing an ordinance or resolution; 27 (3) petition must contain the question set out under AS 18.65.780 rather 28 than material required under AS 29.26.120(a)(1) and (2). 29 Sec. 18.65.790. DEFINITIONS. In AS 18.65.700 - 18.65.790, 30 (1) "commissioner" means the commissioner of public safety; 31 (2) "concealed handgun" means a firearm, that is a pistol or a revolver,
01 and that is covered or enclosed in any manner so that an observer cannot determine 02 that it is a handgun without removing it from that which covers or encloses it or 03 without opening, lifting, or removing that which covers or encloses it; however, 04 "concealed handgun" does not include a shotgun, rifle, derringer or other miniature 05 handgun, or a prohibited weapon as defined under AS 11.61.200; 06 (3) "department" means the Department of Public Safety; 07 (4) "established village" has the meaning given in AS 04.21.080; 08 (5) "local governing body" has the meaning given in AS 04.21.080; 09 (6) "permit" means a permit to carry a concealed handgun issued under 10 AS 18.65.700 - 18.65.790.