CSSB 177(JUD): "An Act relating to permits to carry concealed handguns."
00CS FOR SENATE BILL NO. 177(JUD) 01 "An Act relating to permits to carry concealed handguns." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.61.210 is amended by adding a new subsection to read: 04 (e) In a prosecution under (a)(7) of this section, it is an affirmative defense 05 that the defendant, at the time of possession, was the holder of a valid permit to carry 06 a concealed handgun under AS 18.65.700 - 18.65.790, the deadly weapon was a 07 concealed handgun as defined in AS 18.65.790, and the possession 08 (1) did not occur within or on a school bus; 09 (2) occurred as the defendant, without entering the school building, 10 directly escorted to or from the school, or picked up or dropped off at the school, 11 without detour or delay while on school grounds, a person or thing; and 12 (3) did not occur in a municipality or established village in which the 13 possession of a concealed handgun is prohibited under AS 18.65.780 - 18.65.785. 14 * Sec. 2. AS 11.61.220(b) is amended to read:
01 (b) In a prosecution under (a)(1) of this section, it is an affirmative defense 02 that the defendant, at the time of possession, was 03 (1) in the defendant's dwelling or on land owned or leased by the 04 defendant appurtenant to the dwelling; 05 (2) actually engaged in lawful hunting, fishing, trapping, or other lawful 06 outdoor activity that necessarily involves the carrying of a weapon for personal 07 protection; [OR] 08 (3) the holder of a valid permit to carry a concealed handgun under 09 AS 18.65.700 - 18.65.790, the deadly weapon concealed was a concealed handgun as 10 defined in AS 18.65.790, and the possession did not occur in a municipality or 11 established village in which the possession of concealed handguns is prohibited under 12 AS 18.65.780 - 18.65.785; or 13 (4) the holder of a valid permit to carry a concealed handgun 14 issued by another state if the state that issued the permit allows persons holding 15 permits issued under AS 18.65.700 - 18.65.790 to carry a concealed handgun in 16 that state as determined by the Department of Public Safety, and 17 (A) the deadly weapon concealed was a concealed handgun 18 as defined in AS 18.65.790; and 19 (B) the possession did not occur in a municipality or 20 established village in which the possession of concealed handguns is 21 prohibited under AS 18.65.780 - 18.65.785. 22 * Sec. 3. AS 11.61.220(d) is amended to read: 23 (d) In a prosecution under (a)(2) of this section, it is 24 (1) an affirmative defense that the defendant, at the time of 25 possession, was the holder of a valid permit to carry a concealed handgun under 26 AS 18.65.700 - 18.65.790, the loaded firearm was a concealed handgun as defined 27 in AS 18.65.790, and the possession did not occur in a municipality or established 28 village in which the possession of concealed handguns is prohibited under 29 AS 18.65.780 - 18.65.785; 30 (2) a defense that the defendant, at the time of possession, was on 31 business premises
01 (A) [(1) ON BUSINESS PREMISES] owned by or leased by 02 the defendant; or 03 (B) [(2) ON BUSINESS PREMISES] in the course of the 04 defendant's employment for the owner or lessee of those premises. 05 * Sec. 4. AS 18.65.700(a) is amended to read: 06 (a) The department shall issue a permit to carry a concealed handgun to a person 07 who 08 (1) applies in person at an office of the Alaska State Troopers; 09 (2) qualifies under AS 18.65.705; 10 (3) submits a completed application on a form provided by the 11 department, that provides the information required under AS 18.65.705 and 18.65.710 12 and is executed under oath; with each application form provided by the department, 13 the department shall provide a copy of the state laws and regulations relating to 14 concealed handguns; 15 (4) submits two complete sets of fingerprints on Federal Bureau of 16 Investigation approved fingerprint cards that are of sufficient quality so that the 17 fingerprints may be processed; the fingerprints must be taken by a person, group, or 18 agency approved by the department; the department shall maintain a list of persons, 19 groups, or agencies approved to take fingerprints and shall provide the list to the public 20 upon request; 21 (5) submits evidence of competence with handguns as provided in 22 AS 18.65.715; 23 (6) provides two frontal view color photographs of the person taken 24 within the preceding 30 days that include the head and shoulders of the person and are 25 of a size specified by the department; 26 (7) shows a valid Alaska driver's license or identification card at the time 27 of application; 28 (8) does not suffer a physical infirmity that prevents the safe handling 29 of a handgun; and 30 (9) pays the application fee required by AS 18.65.720. 31 * Sec. 5. AS 18.65.700(b) is amended to read:
01 (b) The department shall either approve or reject an application for a permit to 02 carry a concealed handgun under (a) of this section within 30 [15] days of receipt of 03 [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 04 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 05 DETERMINATION CONCERNING] the application. [THE DEPARTMENT SHALL 06 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION 07 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.] The department 08 shall notify the applicant in writing of the reason for a rejection. 09 * Sec. 6. AS 18.65.700(d) is amended to read: 10 (d) A permit issued under (a) of this section is valid for five years from the date 11 of issue. The permit must specify the action types [AND MAXIMUM CALIBERS] of 12 handgun described in the permittee's certificate of competency under AS 18.65.715 but 13 may not specifically identify a handgun by make, model, or serial number. 14 * Sec. 7. AS 18.65.705(4) is amended to read: 15 (4) has not been convicted, within the five years immediately preceding 16 the application, of, and is not currently charged under a complaint, information, 17 indictment, or presentment with, any of the following misdemeanor offenses or similar 18 laws of another jurisdiction: 19 (A) AS 11.41.230, 11.41.250, 11.41.270; 20 (B) AS 11.46.315, [11.46.320, 11.46.330,] 11.46.430, 21 11.46.484(a)(1), (2), or (7) [11.46.484]; 22 (C) AS 11.51.130; 23 (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 24 [11.56.545,] 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800 25 [, 11.56.805]; 26 (E) AS 11.61.110(a)(3) - (7) [AS 11.61.110], 11.61.120, 27 11.61.210, 11.61.220, 11.61.240; or 28 (F) AS 11.71.050, 11.71.060; 29 * Sec. 8. AS 18.65.710(a)(3) is amended to read: 30 (3) a statement that the applicant has been furnished with a copy of the 31 state laws and regulations relating to concealed handguns [AS 18.65.700 -
01 18.65.790], has read those sections, and understands them; 02 * Sec. 9. AS 18.65.715(a) is amended to read: 03 (a) An applicant for a permit to carry a concealed handgun shall provide a 04 certificate of successful completion of a handgun course that is approved by the 05 department. The certificate must state the action type [AND CALIBER] of handgun or 06 handguns the applicant has demonstrated competence with and that the applicant may be 07 permitted to carry. A permittee may only carry as a concealed handgun an action type 08 of handgun described in the certificate. [A PERMITTEE MAY ONLY CARRY AS A 09 CONCEALED HANDGUN THE CALIBER OF THE ACTION TYPE THAT THE 10 PERMITTEE DEMONSTRATED COMPETENCE WITH OR ANY LESSER CALIBER 11 OF THE SAME ACTION TYPE.] The handgun course must have been completed 12 within the 12 months immediately preceding the application. The department shall 13 approve a handgun course, including the personal protection course offered by the 14 National Rifle Association, if the course tests the applicant's 15 (1) knowledge of Alaska law relating to firearms and the use of deadly 16 force; 17 (2) familiarity with the basic concepts of the safe and responsible use of 18 handguns; 19 (3) knowledge of self-defense principles; and 20 (4) physical competence with each action type of handgun the applicant 21 wishes to carry under the permit [AND THE MAXIMUM CALIBER FOR EACH 22 ACTION TYPE THE APPLICANT WISHES TO CARRY UNDER THE PERMIT]. 23 * Sec. 10. AS 18.65.720 is amended to read: 24 Sec. 18.65.720. FEES. The department shall charge a nonrefundable fee for the 25 processing of the application for and initial issuance of a permit, renewal of a permit, or 26 replacement of a permit. The fees shall be set by regulation and must be based on the 27 actual costs incurred by the department. However, the fee for the processing of an 28 application and initial issuance of a permit may not exceed $65 [$125] and the fee for 29 renewal of a permit or replacement of a permit may not exceed $30 [$60]. 30 * Sec. 11. AS 18.65.740(a) is amended to read: 31 (a) A permit to carry a concealed handgun shall be immediately revoked by the
01 department when the permittee 02 (1) becomes disqualified to receive and hold a permit under 03 AS 18.65.705; or 04 (2) [IS CONVICTED OF TWO CLASS A MISDEMEANORS OF THIS 05 STATE OR SIMILAR LAWS OF ANOTHER JURISDICTION WITHIN A FIVE- 06 YEAR PERIOD IF AT LEAST ONE OF THE CONVICTIONS OCCURS AFTER THE 07 APPLICATION; 08 (3)] knowingly supplied a false or fraudulent answer, statement, or 09 document, or made a material misstatement or omission, in connection with an 10 application for a permit or renewal or replacement of a permit. 11 * Sec. 12. AS 18.65.755(a) is amended to read: 12 (a) A permittee may not carry a concealed handgun into 13 (1) a law enforcement or correctional facility; 14 (2) or possess a concealed handgun within a building, on the grounds 15 or on the parking lot of a public or private preschool, elementary, junior high, or 16 secondary school except while the permittee, without entering a school building, 17 without detour or delay while on school grounds, and without being on a school 18 bus, directly escorted to or from the school, or picked up or dropped off at the 19 school, a person or thing; [ON SCHOOL GROUNDS OR A SCHOOL BUS; IN THIS 20 PARAGRAPH, "SCHOOL GROUNDS" HAS THE MEANING GIVEN IN 21 AS 11.71.900]; 22 (3) a courthouse or a courtroom of this state, unless the permittee 23 (A) is a judge; or 24 (B) has been authorized to possess a concealed handgun by a 25 judge presiding at that courthouse or courtroom; 26 (4) a [BUILDING HOUSING ONLY STATE OR FEDERAL OFFICES 27 OR THE OFFICES OF A POLITICAL SUBDIVISION OF THE STATE, EXCEPT 28 AS AUTHORIZED UNDER (3) OF THIS SUBSECTION; 29 (5) AN OFFICE OF THE STATE, FEDERAL GOVERNMENT, OR OF 30 A POLITICAL SUBDIVISION OF THE STATE THAT IS NOT LOCATED IN A 31 BUILDING DESCRIBED IN (4) OF THIS SUBSECTION;
01 (6) A PASSENGER LOADING OR UNLOADING AREA OF AN 02 AIRLINE TERMINAL; 03 (7) A VESSEL OF THE ALASKA MARINE HIGHWAY SYSTEM; 04 (8) A FACILITY PROVIDING SERVICES TO VICTIMS OF 05 DOMESTIC VIOLENCE OR SEXUAL ASSAULT; 06 (9) A RESIDENCE WHERE NOTICE THAT CARRYING A 07 CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY THE POSTING 08 OF A CONSPICUOUS NOTICE OR BY ORAL STATEMENT BY THE RESIDENT 09 TO THE PERMITTEE; 10 (10) A MEETING OF A BUSINESS, CHARITABLE, OR OTHER 11 ORGANIZATION OR ENTITY WHERE NOTICE THAT CARRYING A 12 CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY THE POSTING 13 OF CONSPICUOUS NOTICE; 14 (11) A FINANCIAL INSTITUTION; IN THIS PARAGRAPH, 15 "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS BANK, SAVINGS 16 ASSOCIATION, CREDIT UNION, OR OTHER INSTITUTION REGULATED BY 17 THE DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT UNDER 18 AS 06; 19 (12) ANOTHER] place where the possession of a deadly weapon or 20 firearm is prohibited by a law of this state or the federal government; or 21 (5) [(13)] a municipality or established village that has prohibited the 22 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785. 23 * Sec. 13. AS 18.65.765(a) is amended to read: 24 (a) The holder of a permit issued under AS 18.65.700 - 18.65.790 25 (1) shall notify the department of a change in the permittee's address 26 within 30 days; 27 (2) shall immediately report a lost, stolen, or illegible permit to the 28 department; 29 (3) shall immediately notify the department if the holder is no longer 30 qualified to hold a permit under AS 18.65.705; and 31 (4) may only carry a concealed handgun of the action type [AND
01 CALIBER] the holder has demonstrated competency with [OR OF ANY LESSER 02 CALIBER OF THE SAME ACTION TYPE] as authorized in the permit issued under 03 AS 18.65.700. 04 * Sec. 14. AS 18.65.790(3) is amended to read: 05 (3) "concealed handgun" means a firearm, that is a pistol or a revolver, 06 and that is covered or enclosed in any manner so that an observer cannot determine that 07 it is a handgun without removing it from that which covers or encloses it or without 08 opening, lifting, or removing that which covers or encloses it; however, "concealed 09 handgun" does not include a shotgun or [,] rifle, [DERRINGER OR OTHER 10 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200 [; 11 IN THIS PARAGRAPH, 12 (A) "DERRINGER" MEANS A HANDGUN THAT HAS 13 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF 14 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 15 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 16 IS PART OF THE FRAME; AND 17 (B) "MINIATURE HANDGUN" MEANS A HANDGUN THAT 18 HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES OR LESS 19 AND LACKS A MANUFACTURER'S INSTALLED TRIGGER GUARD 20 THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH IS PART 21 OF THE FRAME]; 22 * Sec. 15. AS 18.65.705(5), 18.65.705(9), and 18.65.725(c) are repealed.