HB 434: "An Act relating to the possession of deadly weapons or defensive weapons on school grounds or adjacent parking lots."
00HOUSE BILL NO. 434 01 "An Act relating to the possession of deadly weapons or defensive weapons on 02 school grounds or adjacent parking lots." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.220(a) is amended to read: 05 (a) A person commits the crime of misconduct involving weapons in the fifth 06 degree if the person 07 (1) knowingly possesses a deadly weapon, other than an ordinary 08 pocketknife or a defensive weapon, that is concealed on the person; 09 (2) knowingly possesses a loaded firearm on the person in any place 10 where intoxicating liquor is sold for consumption on the premises; 11 (3) being an unemancipated minor under 16 years of age, possesses a 12 firearm without the consent of a parent or guardian of the minor; 13 (4) knowingly possesses a firearm 14 (A) or other deadly weapon or a defensive weapon within the
01 grounds of or on a parking lot immediately adjacent to a public or private 02 preschool, elementary, junior high, or secondary school without the permission 03 of the chief administrative officer of the school or district or the designee of 04 the chief administrative officer, except that a person 21 years of age or older 05 may possess 06 (i) an unloaded firearm or other deadly weapon in the 07 trunk of a motor vehicle or encased in a closed container in a motor 08 vehicle; 09 (ii) an ordinary pocketknife or a defensive weapon; or 10 (B) within the grounds of or on a parking lot immediately 11 adjacent to a center, other than a private residence, licensed under 12 AS 47.35.010 - 47.35.075 or recognized by the federal government for the care 13 of children; or 14 (5) possesses or transports a switchblade or a gravity knife. 15 * Sec. 2. AS 11.61.220 is amended by adding a new subsection to read: 16 (h) In (a)(4) of this section, "firearm" includes an air gun or pellet gun 17 that discharges a shot, pellet, or other projectile by means of compressed air or other 18 gas. 19 * Sec. 3. AS 14.03.080 is amended by adding a new subsection to read: 20 (f) This section does not requires a school district to admit a child or person 21 currently under suspension or expulsion under AS 14.03.160 in another school district. 22 * Sec. 4. AS 14.03 is amended by adding a new section to read: 23 Sec. 14.03.160. SUSPENSION OR EXPULSION OF STUDENTS FOR 24 POSSESSING WEAPONS. Notwithstanding any other provision of law, a school 25 district shall adopt procedures, including the right to a hearing, providing for the 26 suspension for at least 30 days, or expulsion for the school year or permanently, for 27 a student who violates AS 11.61.220(a)(4)(A). A prior conviction, or adjudication of 28 delinquency or child in need of supervision, for violation of AS 11.61.220(a)(4) is not 29 necessary for a school board to suspend or expel a student under this section.