CSSB 237(STA): "An Act relating to the possession of firearms by minors, offenses involving weapons, and permits for the carrying of concealed weapons."
00CS FOR SENATE BILL NO. 237(STA) 01 "An Act relating to the possession of firearms by minors, offenses involving 02 weapons, and permits for the carrying of concealed weapons." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.210 is amended by adding new subsections to read: 05 (d) In a prosecution under (a)(6) of this section involving the sale of a firearm, 06 it is a defense that, at the time of the sale, the person under 18 years of age was 07 accompanied by the person's parent or guardian. 08 (e) In a prosecution under (a)(6) of this section involving the sale of a firearm, 09 it is an affirmative defense that the sale was made to a person under 18 years of age 10 as to whom, at the time of the sale, the disabilities of minority had been removed 11 under AS 09.55.590 or under AS 25.20.020. 12 * Sec. 2. AS 11.61.220(a) is amended to read: 13 (a) A person commits the crime of misconduct involving weapons in the fifth 14 degree if the person
01 (1) knowingly possesses a deadly weapon, other than an ordinary 02 pocketknife or a defensive weapon, that is concealed on the person; 03 (2) knowingly possesses a loaded firearm on the person in any place 04 where intoxicating liquor is sold for consumption on the premises; 05 (3) being an unemancipated minor [UNDER 16 YEARS OF AGE], 06 possesses a firearm without the consent of a parent or guardian of the minor; 07 (4) knowingly possesses a firearm 08 (A) or a defensive weapon within the grounds of or on a 09 parking lot immediately adjacent to a public or private preschool, elementary, 10 junior high, or secondary school without the permission of the chief 11 administrative officer of the school or district or the designee of the chief 12 administrative officer, except that a person 21 years of age or older may 13 possess 14 (i) an unloaded firearm in the trunk of a motor vehicle 15 or encased in a closed container in a motor vehicle; 16 (ii) a defensive weapon; or 17 (B) within the grounds of or on a parking lot immediately 18 adjacent to a center, other than a private residence, licensed under 19 AS 47.35.010 - 47.35.075 or recognized by the federal government for the care 20 of children; or 21 (5) possesses or transports a switchblade or a gravity knife. 22 * Sec. 3. AS 11.61.220(b) is amended to read: 23 (b) In a prosecution under (a)(1) of this section, it is an affirmative defense 24 that the defendant, at the time of possession, was 25 (1) in the defendant's dwelling or on land owned or leased by the 26 defendant appurtenant to the dwelling; [OR] 27 (2) actually engaged in lawful hunting, fishing, trapping, or other lawful 28 outdoor activity that necessarily involves the carrying of a weapon for personal 29 protection; or 30 (3) the holder of a permit to carry a concealed weapon under 31 AS 18.65.700 - 18.65.775 and the deadly weapon was not a shotgun, a rifle, or a
01 prohibited weapon as defined in AS 11.61.200. 02 * Sec. 4. AS 11.61.220(d) is amended to read: 03 (d) In a prosecution under (a)(2) of this section, it is a defense that the 04 defendant, at the time of possession, [WAS] 05 (1) was on business premises owned by or leased by the defendant; 06 [OR] 07 (2) was on business premises in the course of the defendant's 08 employment for the owner or lessee of those premises; or 09 (3) held a valid permit issued under AS 18.65.700 - 18.65.775 to 10 possess a concealed weapon and, while carrying the concealed weapon and the 11 permit for its possession, was in a restaurant or eating place licensed under 12 AS 04.11.100 to sell beer and wine for consumption on the licensed premises. 13 * Sec. 5. AS 11.61.220(g) is amended to read: 14 (g) Except as provided in (i) of this section, misconduct [MISCONDUCT] 15 involving weapons in the fifth degree is a class B misdemeanor. 16 * Sec. 6. AS 11.61.220 is amended by adding new subsections to read: 17 (h) The provisions of (a)(3) of this section do not apply to a person under 18 18 years of age in possession of a firearm if the person possesses the firearm 19 (1) at an established and lawfully operated range or target concession 20 for the purpose of firing at targets at the range or concession; 21 (2) while in attendance at a hunter safety course or firearm safety 22 course for the purpose of using the firearm in conjunction with lessons presented 23 during that course; 24 (3) while engaged in organized competition involving use of the 25 firearm, or while practicing for an organized competition in which the person plans to 26 participate; 27 (4) on premises owned by or leased by another with the consent of the 28 owner or lessee of those premises; 29 (5) while actually engaged in lawful 30 (A) hunting; or 31 (B) fishing, trapping, or other lawful outdoor activity if the
01 fishing, trapping, or other lawful outdoor activity necessarily involves the 02 carrying of a weapon for personal protection; or 03 (6) while traveling to or from any activity described in (1) - (5) of this 04 subsection. 05 (i) A person convicted under (a)(3) of this section is guilty of a 06 (1) class B misdemeanor if the conviction is the person's first 07 conviction of the offense described in (a)(3) of this section and the person had not 08 been previously convicted under a law or ordinance of another jurisdiction with 09 elements substantially similar to those of an offense described in (a)(3) of this section 10 or adjudicated a delinquent minor under AS 47.10.010 - 47.10.142 for a violation of 11 (a)(3) of this section; 12 (2) class A misdemeanor if, within the preceding seven years, the 13 person was convicted under (a)(3) of this section or under a law or ordinance of 14 another jurisdiction with elements substantially similar to those of an offense described 15 in (a)(3) of this section, or the person was adjudicated a delinquent minor either under 16 AS 47.10.010 - 47.10.142 if the delinquency finding is based upon a violation of (a)(3) 17 of this section or under a law of another jurisdiction authorizing adjudication of 18 delinquency for the violation of a law or ordinance of that jurisdiction with elements 19 substantially similar to those of an offense described in (a)(3) of this section. 20 * Sec. 7. AS 18.65 is amended by adding new sections to read: 21 ARTICLE 9. PERMIT TO CARRY A CONCEALED WEAPON. 22 Sec. 18.65.700. PERMIT TO CARRY A CONCEALED WEAPON. (a) The 23 department shall issue a permit to carry a concealed weapon to a person who 24 (1) applies in person at an office of the Alaska State Troopers; 25 (2) qualifies under AS 18.65.705; 26 (3) submits a completed application on a form provided by the 27 department, that provides the information required under AS 18.65.705 and 18.65.710 28 and is executed under oath; 29 (4) permits the Alaska State Troopers to take two sets of fingerprints 30 of the person and, on a blank permit, a print of one finger of each hand; and 31 (5) pays the application fee required by AS 18.65.715.
01 (b) The department shall either approve or reject an application for a permit to 02 carry a concealed weapon within 45 days of receipt of the application. The department 03 shall notify the applicant in writing of the reason for a rejection. 04 (c) A permit issued under this section is valid for five years from the date of 05 issue. 06 Sec. 18.65.705. QUALIFICATIONS TO OBTAIN A PERMIT. A person is 07 qualified to receive and hold a permit to carry a concealed weapon if the person 08 (1) is 21 years of age or older; 09 (2) is eligible to own or possess a firearm under the laws of this state 10 and under federal law; 11 (3) is not currently charged under a complaint, information, indictment, 12 or presentment with a violation of AS 11.41 or a similar law of another jurisdiction; 13 (4) has not been voluntarily or involuntarily committed to a treatment 14 facility for a mental illness, unless the person presents to the department a sworn 15 statement of 16 (A) an official in charge of the facility certifying that the person 17 has been released from the facility for at least the five years immediately 18 preceding the application and that at the time of release the person was not 19 suffering from the condition that led to the commitment; and 20 (B) a psychiatrist who has treated the person certifying that the 21 person has not suffered from the condition that led to the commitment during 22 the five years immediately preceding the application; 23 (5) has not been adjudicated as mentally incapacitated by a court of this 24 state, another state, territory, or jurisdiction, or of the United States, unless the 25 guardianship or similar arrangement has been closed or terminated and five years have 26 elapsed since the closure or other termination; 27 (6) is a resident of the state and has been for the 12 months 28 immediately preceding the application for a permit; 29 (7) has not been convicted of an unlawful use of a controlled substance 30 during the five-year period immediately preceding submission of the application; 31 (8) has not been discharged from the armed forces of the United States
01 under dishonorable conditions; 02 (9) is not an alien who is residing in the United States illegally or a 03 former citizen of the United States who has renounced the person's citizenship; 04 (10) is not now in and has not previously entered an alcohol treatment 05 program, unless the person presents the department with a sworn statement of a 06 medical or psychological professional that the person has undergone treatment for 07 alcohol abuse and has demonstrated freedom from alcohol impairment for the five 08 years immediately preceding the application; and 09 (11) has not been convicted of two violations of AS 28.33.030, 10 28.33.031, AS 28.35.030, or 28.35.032 or similar laws of another jurisdiction within 11 the five years immediately preceding the application. 12 Sec. 18.65.710. APPLICATION FOR PERMIT TO CARRY A CONCEALED 13 WEAPON. (a) The application for a permit to carry a concealed weapon must, at a 14 minimum, include 15 (1) the applicant's name, address, place and date of birth, physical 16 description, including height, weight, race, hair color, and eye color, and social security 17 number; 18 (2) a statement that the applicant qualifies under AS 18.65.705; 19 (3) a statement that the applicant has been furnished with a copy of 20 AS 18.65.700 - 18.65.775, has read those sections, and understands them; 21 (4) a statement that the applicant desires a permit to carry a concealed 22 weapon for a lawful purpose, which may include lawful self-defense; 23 (5) a sworn statement by the applicant that all statements, answers, and 24 attachments to the application are true and complete; 25 (6) a conspicuous warning that the application is executed under oath 26 and that an applicant who supplies a false statement, answer, or document, in 27 connection with the application which the applicant does not believe to be true, may 28 be prosecuted for perjury under AS 11.56.200 and, if found guilty, may be punished 29 for violation of a class B felony, and that in such cases the permit shall be revoked 30 and the applicant may be barred from any further application for a permit; and 31 (7) a statement that the applicant understands that a background
01 investigation may be conducted as a part of the application process, that this may 02 involve computerized records searches, and that the applicant authorizes the 03 investigation. 04 (b) As a part of an application under (a) of this section, the department may 05 not inquire of an applicant as to any firearms owned by the applicant. 06 Sec. 18.65.715. FEES. (a) The department shall charge a nonrefundable fee 07 of $100 for application for and initial issuance of a permit. 08 (b) The department shall charge a fee of $15 for the renewal of a permit under 09 AS 18.65.720. 10 (c) The department shall charge a fee of $15 for replacement of a permit under 11 AS 18.65.725. 12 Sec. 18.65.720. PERMIT RENEWAL. (a) A permittee shall apply for 13 renewal of a permit to carry a concealed weapon within 90 days before the expiration 14 of the permit on a form provided by the department. The renewal form shall be 15 submitted under oath and must include 16 (1) any change in the information originally submitted under 17 AS 18.65.710; 18 (2) a statement that the person remains qualified to receive and hold 19 a permit to carry a concealed weapon under AS 18.65.705; and 20 (3) the renewal fee required under AS 18.65.715. 21 (b) A renewal of a permit to carry a concealed weapon submitted on or after 22 the expiration date is subject to a late fee of $15. The department may not accept a 23 renewal for a permit that is submitted more than 90 days after the expiration date of 24 the permit. Nothing in this subsection prohibits the holder of an expired permit from 25 applying for a new permit. 26 Sec. 18.65.725. REPLACEMENT OF PERMIT. The department may replace 27 a permit that the permittee certifies under oath has been lost, stolen, or destroyed. 28 Sec. 18.65.730. SUSPENSION OF PERMIT. The department shall 29 immediately suspend a permit to carry a concealed weapon if a permittee is arrested 30 for or formally charged with a crime that would disqualify the permittee under 31 AS 18.65.705(3) from being eligible to hold a permit to carry a concealed weapon.
01 A suspension of a permit remains in effect until the permit is revoked under 02 AS 18.65.735 or the department has been notified of a disposition favorable to the 03 defendant or the defendant has been released from custody without being charged. In 04 this section, "disposition favorable to the defendant" means an adjudication by a court 05 other than a conviction or a dismissal by the prosecutor. 06 Sec. 18.65.735. REVOCATION OF PERMIT; APPEAL. (a) A permit to 07 carry a concealed weapon shall be immediately revoked by the department when the 08 permittee 09 (1) becomes disqualified to receive and hold a permit under 10 AS 18.65.705, other than AS 18.65.705(3); 11 (2) is convicted of three violations of AS 18.65.750 or 18.65.755 within 12 a five-year period; 13 (3) is convicted of violating AS 28.33.030, 28.33.031, AS 28.35.030, 14 or 28.35.032 and was carrying a concealed weapon at the time of the violation; or 15 (4) with intent to mislead the department or its employees, supplied a 16 false or fraudulent answer, statement, or document, or made a material misstatement 17 or omission, in connection with an application for a permit or renewal of a permit. 18 (b) A person whose permit is revoked under this section may appeal the 19 revocation decision to the commissioner. A person may seek judicial review of the 20 decision of the commissioner under AS 44.62.560 - 44.62.570. 21 (c) A person whose permit is revoked under (a)(2) - (4) of this section may 22 not apply for a new permit until at least five years have elapsed since the date of the 23 last conviction. 24 Sec. 18.65.740. NO LIABILITY FOR ISSUANCE OF PERMIT. The state is 25 not liable by virtue of having issued a permit to carry a concealed weapon for damage 26 or harm caused by the permittee. 27 Sec. 18.65.750. POSSESSION AND DISPLAY OF PERMIT. (a) A permittee 28 who is carrying a concealed weapon shall 29 (1) carry the permit at all times the permittee carries the concealed 30 weapon; 31 (2) whenever contact is made with a peace officer, notify the peace
01 officer that the permittee possesses the concealed weapon and a permit to carry the 02 weapon; and 03 (3) display both the permit and other proper identification when asked 04 to do so by a peace officer at any time the permittee is carrying the concealed weapon. 05 (b) A person who violates (a) of this section is guilty of a violation and shall 06 be punished by a fine of $25. 07 Sec. 18.65.755. PLACES WHERE PERMITTEE MAY NOT POSSESS A 08 CONCEALED WEAPON. (a) A permittee may not carry a concealed weapon into 09 a law enforcement or correctional facility; a courthouse or a courtroom; a passenger 10 loading or unloading area of an airline terminal; or a vessel of the Alaska marine 11 highway system. 12 (b) In addition to any other penalty provided by law, a person who violates 13 this section is guilty of a class B misdemeanor. 14 Sec. 18.65.760. COMPILATION AND MAINTENANCE OF LIST OF 15 PERMITTEES; ACCESS TO LIST. (a) The department shall compile and maintain 16 a list of permittees in a manner that allows immediate access to the information by 17 peace officers. 18 (b) Except for access by peace officers under (a) of this section, the list of 19 permittees compiled and maintained under (a) of this section is confidential and may 20 not be inspected by the public. 21 Sec. 18.65.765. REGULATIONS. The department shall adopt regulations to 22 implement AS 18.65.700 - 18.65.775. This section does not delegate to the department 23 the authority to regulate or restrict the issuing of permits beyond those provisions 24 contained in AS 18.65.700 - 18.65.775. Subjective or arbitrary actions or regulations 25 that encumber the issuing process by placing burdens on the applicant beyond those 26 sworn statements and specified documents detailed in AS 18.65.700 - 18.65.775 or that 27 create restrictions beyond those specified or specifically authorized in AS 18.65.700 -18.65.775 are prohibited. 28 Sec. 18.65.770. PROHIBITION ON CERTAIN ORDINANCES. A 29 municipality may not enact an ordinance that conflicts with or imposes stricter 30 standards than the requirements of this chapter. 31 Sec. 18.65.775. DEFINITIONS. In AS 18.65.700 - 18.65.775,
01 (1) "commissioner" means the commissioner of public safety; 02 (2) "concealed weapon" 03 (A) means a deadly weapon, as defined in AS 11.81.900, that 04 is covered or enclosed in any manner so that an observer cannot determine that 05 it is a weapon without removing it from that which covers or encloses it or 06 without opening, lifting, or removing that which covers or encloses it; 07 (B) does not include 08 (i) a deadly weapon that is a prohibited weapon as 09 defined in AS 11.61.200; or 10 (ii) a shotgun or rifle; 11 (3) "department" means the Department of Public Safety; 12 (4) "permit" means a permit to carry a concealed weapon issued under 13 AS 18.65.700 - 18.65.775. 14 * Sec. 8. AS 47.10.010 is amended by adding a new subsection to read: 15 (e) The procedures prescribed in AS 47.10.020 - 47.10.090 and the Alaska 16 Delinquency Rules do not apply when a minor who is at least 14 years of age at the 17 time of the alleged offense is charged with an offense, the minor is alleged to have 18 used a firearm in the commission of the offense, and the minor has been previously 19 adjudicated as a delinquent or convicted as an adult, in this or another jurisdiction, as 20 a result of an offense that, in this or another jurisdiction, involves the use of a firearm 21 in the commission of the offense. The minor shall be charged, prosecuted, and 22 sentenced in the superior court in the same manner as an adult. In this subsection, 23 "firearm" has the meaning given in AS 11.81.900. 24 * Sec. 9. AS 47.10.080(b) is amended to read: 25 (b) If the court finds that the minor is delinquent, it shall 26 (1) order the minor committed to the department for a period of time 27 not to exceed two years or in any event extend past the day the minor becomes 19, 28 except that the department may petition for and the court may grant in a hearing (A) 29 two-year extensions of commitment that do not extend beyond the child's 19th 30 birthday if the extension is in the best interests of the minor and the public; and (B) 31 an additional one-year period of supervision past age 19 if continued supervision is in
01 the best interests of the person and the person consents to it; the department shall place 02 the minor in the juvenile facility that the department considers appropriate and that 03 may include a juvenile correctional school, juvenile work camp, detention home, or 04 detention facility; the minor may be released from placement or detention and placed 05 on probation on order of the court and may also be released by the department, in its 06 discretion, under AS 47.10.200; 07 (2) order the minor placed on probation, to be supervised by the 08 department, and released to the minor's parents, guardian, or a suitable person; if the 09 court orders the minor placed on probation, it may specify the terms and conditions 10 of probation; the probation may be for a period of time, not to exceed two years and 11 in no event extend past the day the minor becomes 19, except that the department may 12 petition for and the court may grant in a hearing 13 (A) two-year extensions of supervision that do not extend 14 beyond the child's 19th birthday if the extension is in the best interests of the 15 minor and the public; and 16 (B) an additional one-year period of supervision past age 19 if 17 the continued supervision is in the best interests of the person and the person 18 consents to it; 19 (3) order the minor committed to the department and placed on 20 probation, to be supervised by the department, and released to the minor's parents, 21 guardian, other suitable person, or suitable nondetention setting such as a family home, 22 group care facility, or child care facility, whichever the department considers 23 appropriate to implement the treatment plan of the predisposition report; if the court 24 orders the minor placed on probation, it may specify the terms and conditions of 25 probation; the department may transfer the minor, in the minor's best interests, from 26 one of the probationary placement settings listed in this paragraph to another, and the 27 minor, the minor's parents or guardian, and the minor's attorney are entitled to 28 reasonable notice of the transfer; the probation may be for a period of time, not to 29 exceed two years and in no event extend past the day the minor becomes 19, except 30 that the department may petition for and the court may grant in a hearing 31 (A) two-year extensions of commitment that do not extend
01 beyond the child's 19th birthday if the extension is in the best interests of the 02 minor and the public; and 03 (B) an additional one-year period of supervision past age 19 if 04 the continued supervision is in the best interests of the person and the person 05 consents to it; 06 (4) order the minor to make suitable restitution in lieu of or in addition 07 to the court's order under (1), (2), or (3) of this subsection; 08 (5) order the minor committed to the department for placement in an 09 adventure based education program established under AS 47.21.020 with conditions 10 the court considers appropriate concerning release upon satisfactory completion of the 11 program or commitment under (1) of this subsection if the program is not satisfactorily 12 completed; [OR] 13 (6) in addition to an order under (1) - (5) of this subsection, if the 14 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 15 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 16 purposes of this paragraph, "community service" includes work 17 (A) on a project identified in AS 33.30.901; or 18 (B) that, on the recommendation of the city council or 19 traditional village council, would benefit persons within the city or village who 20 are elderly or disabled; or 21 (7) in addition to an order under (1) - (5) of this subsection, if the 22 delinquency finding is based on the minor's violation of AS 11.61.220(a)(3), revoke 23 the minor's driver's license, privilege to drive, or privilege to obtain a driver's 24 license for a period of 25 (A) one year, if the delinquency finding is based on the 26 minor's first violation of AS 11.61.220(a)(3); and 27 (B) two years and, in addition, order the minor to perform 28 100 hours of community service, if the delinquency finding is based on the 29 minor's second or subsequent violation of AS 11.61.220(a)(3); for purposes 30 of this subparagraph, "community service" includes work described in 31 (6)(A) - (B) of this subsection.
01 * Sec. 10. APPLICABILITY. (a) Sections 1 - 6, 8, and 9 of this Act apply to offenses 02 committed on or after the effective date of this Act. 03 (b) In 04 (1) AS 11.61.220(i), added by sec. 6 of this Act, reference to previous 05 convictions or adjudications of delinquency under AS 47.10.010 - 47.10.142 does not include 06 convictions or adjudications of delinquency under AS 11.61.220(a)(3) as it read before its 07 amendment by sec. 2 of this Act; 08 (2) AS 47.10.010(e), added by sec. 8 of this Act, reference to previous 09 convictions or adjudications of delinquency does not include convictions or adjudications of 10 delinquency involving the minor that occurred before the effective date of this Act; 11 (3) AS 47.10.080(b)(7), added by sec. 9 of this Act, reference to the minor's 12 second or subsequent violation of AS 11.61.220(a)(3) does not include a violation of 13 AS 11.61.220(a)(3) as it read before its amendment by sec. 2 of this Act.