SSHB 434: "An Act relating to the possession of deadly weapons or defensive weapons on school grounds or adjacent parking lots; relating to the possession of deadly weapons or defensive weapons on child care center grounds or adjacent parking lots."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 434 01 "An Act relating to the possession of deadly weapons or defensive weapons on 02 school grounds or adjacent parking lots; relating to the possession of deadly 03 weapons or defensive weapons on child care center grounds or adjacent parking 04 lots." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.61.200(a) is amended to read: 07 (a) A person commits the crime of misconduct involving weapons in the third 08 degree if the person 09 (1) knowingly possesses a firearm capable of being concealed on one's 10 person after having been convicted of a felony by a court of this state, a court of the 11 United States, or a court of another state or territory; 12 (2) knowingly sells or transfers a firearm capable of being concealed 13 on one's person to a person who has been convicted of a felony by a court of this 14 state, a court of the United States, or a court of another state or territory;
01 (3) manufactures, possesses, transports, sells, or transfers a prohibited 02 weapon; 03 (4) knowingly sells or transfers a firearm to another whose physical or 04 mental condition is substantially impaired as a result of the introduction of an 05 intoxicating liquor or controlled substance into that other person's body; 06 (5) removes, covers, alters, or destroys the manufacturer's serial 07 number on a firearm with intent to render the firearm untraceable; 08 (6) possesses a firearm on which the manufacturer's serial number has 09 been removed, covered, altered, or destroyed, knowing that the serial number has been 10 removed, covered, altered, or destroyed with the intent of rendering the firearm 11 untraceable; 12 (7) violates AS 11.46.320 and, during the violation, possesses on the 13 person a firearm when the person's physical or mental condition is impaired as a result 14 of the introduction of an intoxicating liquor or controlled substance into the person's 15 body; 16 (8) violates AS 11.46.320 or 11.46.330 by entering or remaining 17 unlawfully on premises or in a propelled vehicle in violation of a provision of an order 18 issued under AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the 19 person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; 20 (9) communicates in person with another in violation of AS 11.56.740 21 and, during the communication, possesses on the person a defensive weapon or a 22 deadly weapon, other than an ordinary pocketknife; 23 (10) resides in a dwelling knowing that there is a firearm capable of 24 being concealed on one's person or a prohibited weapon in the dwelling if the person 25 has been convicted of a felony by a court of this state, a court of the United States, 26 or a court of another state or territory, unless the person has written authorization to 27 live in a dwelling in which there is a concealable weapon described in this paragraph 28 from a court of competent jurisdiction or from the head of the law enforcement agency 29 of the community in which the dwelling is located; [OR] 30 (11) discharges a firearm from a propelled vehicle while the vehicle is 31 being operated; or
01 (12) knowingly possesses a firearm or other deadly weapon or a 02 defensive weapon within the grounds of or on a parking lot immediately adjacent 03 to a public or private preschool, elementary, junior high, or secondary school, or 04 within the grounds of or on a parking lot immediately adjacent to a center, other 05 than a private residence, licensed under AS 47.35.010 - 47.35.075 or recognized 06 by the federal government for the care of children, without the permission of the 07 chief administrative officer of the preschool, school, school district, or center or 08 the designee of the chief administrative officer, except that a person 21 years of 09 age or older may possess an 10 (A) unloaded firearm or other deadly weapon in the trunk 11 of a motor vehicle or encased in a closed container in a motor vehicle; 12 (B) ordinary pocket knife or a defensive weapon. 13 * Sec. 2. AS 11.61.200(e) is amended to read: 14 (e) The provisions of (a)(3), [AND] (11), and (12) of this section do not apply 15 to a peace officer acting within the scope and authority of the officer's employment. 16 * Sec. 3. AS 11.61.200 is amended by adding a new subsection to read: 17 (h) In (a)(12) of this section, "firearm" includes an air gun or pellet gun that 18 discharges a shot, pellet, or other projectile by means of compressed air or other gas. 19 * Sec. 4. AS 11.61.220(c) is amended to read: 20 (c) The provisions of (a)(1) [,] and (2) [, AND (4)] of this section do not 21 apply to a peace officer acting within the scope and authority of the officer's 22 employment. 23 * Sec. 5. AS 14.03.080 is amended by adding a new subsection to read: 24 (f) This section does not require a school district to admit a child or person 25 currently under suspension or expulsion under AS 14.03.160 in that or another school 26 district. 27 * Sec. 6. AS 14.03 is amended by adding a new section to read: 28 Sec. 14.03.160. SUSPENSION OR EXPULSION OF STUDENTS FOR 29 POSSESSING WEAPONS. Notwithstanding any other provision of law, a school 30 district shall adopt procedures, including the right to a hearing, requiring the 31 suspension for at least 30 days, or expulsion for the school year or permanently, of a
01 student who violates AS 11.61.200(a)(12). A prior conviction, or adjudication of 02 delinquency or child in need of supervision, for violation of AS 11.61.200(a)(12) is not 03 necessary for a school board to suspend or expel a student under this section. 04 * Sec. 7. AS 11.61.220(a)(4) is repealed.