HCS CSSB 177(FIN): "An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries."
00HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) 01 "An Act relating to permits to carry concealed handguns; and relating to 02 possession of firearms on state ferries." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.220(b) is amended to read: 05 (b) In a prosecution under (a)(1) of this section, it is an affirmative defense 06 that the defendant, at the time of possession, was 07 (1) in the defendant's dwelling or on land owned or leased by the 08 defendant appurtenant to the dwelling; 09 (2) actually engaged in lawful hunting, fishing, trapping, or other lawful 10 outdoor activity that necessarily involves the carrying of a weapon for personal 11 protection; [OR] 12 (3) the holder of a valid permit to carry a concealed handgun under 13 AS 18.65.700 - 18.65.790, the deadly weapon concealed was a concealed handgun as 14 defined in AS 18.65.790, and the possession did not occur in a municipality or
01 established village in which the possession of concealed handguns is prohibited under 02 AS 18.65.780 - 18.65.785; or 03 (4) the holder of a valid permit to carry a concealed handgun 04 issued by another state if the state that issued the permit allows persons holding 05 permits issued under AS 18.65.700 - 18.65.790 to carry a concealed handgun in 06 that state as determined by the Department of Public Safety, and 07 (A) the deadly weapon concealed was a concealed handgun 08 as defined in AS 18.65.790; and 09 (B) the possession did not occur in a municipality or 10 established village in which the possession of concealed handguns is 11 prohibited under AS 18.65.780 - 18.65.785. 12 * Sec. 2. AS 11.61.220(d) is amended to read: 13 (d) In a prosecution under (a)(2) of this section, it is 14 (1) an affirmative defense that the defendant, at the time of 15 possession, was the holder of a valid permit to carry a concealed handgun under 16 AS 18.65.700 - 18.65.790, the loaded firearm was a concealed handgun as defined 17 in AS 18.65.790, the defendant did not consume an intoxicating liquor at the place 18 where the possession occurred and did not have more than 0.04 percent by weight 19 of alcohol in the person's blood, more than 40 milligrams of alcohol per 100 20 milligrams of blood, or more than 0.04 grams of alcohol per 210 liters of the 21 person's breath, as determined by a chemical test taken within four hours after 22 the offense was committed, and the possession did not occur in a municipality or 23 established village in which the possession of concealed handguns is prohibited 24 under AS 18.65.780 - 18.65.785; 25 (2) a defense that the defendant, at the time of possession, was on 26 business premises 27 (A) [(1) ON BUSINESS PREMISES] owned by or leased by the 28 defendant; or 29 (B) [(2) ON BUSINESS PREMISES] in the course of the 30 defendant's employment for the owner or lessee of those premises. 31 * Sec. 3. AS 11.61.220 is amended by adding a new subsection to read:
01 (h) When the holder of a valid permit to carry a concealed handgun under 02 AS 18.65.700 - 18.65.790 is charged by a peace officer or arrested for violating (a)(2) 03 of this section, the holder may request the peace officer to conduct a blood or breath 04 test, at the expense of the holder, to determine the holder's blood alcohol level for use 05 under (d)(1) of this section. 06 * Sec. 4. AS 18.65.700(a) is amended to read: 07 (a) The department shall issue a permit to carry a concealed handgun to a 08 person who 09 (1) applies in person at an office of the Alaska State Troopers; 10 (2) qualifies under AS 18.65.705; 11 (3) submits a completed application on a form provided by the 12 department, that provides the information required under AS 18.65.705 and 18.65.710 13 and is executed under oath; with each application form provided by the 14 department, the department shall provide a copy of the state laws and regulations 15 relating to concealed handguns; 16 (4) submits two complete sets of fingerprints on federal bureau of 17 investigation approved fingerprint cards that are of sufficient quality so that the 18 fingerprints may be processed; the fingerprints must be taken by a person, group, or 19 agency approved by the department; the department shall maintain a list of persons, 20 groups, or agencies approved to take fingerprints and shall provide the list to the 21 public upon request; 22 (5) submits evidence of competence with handguns as provided in 23 AS 18.65.715; 24 (6) provides two frontal view color photographs of the person taken 25 within the preceding 30 days that include the head and shoulders of the person and are 26 of a size specified by the department; 27 (7) shows a valid Alaska driver's license or identification card at the 28 time of application; 29 (8) does not suffer a physical infirmity that prevents the safe handling 30 of a handgun; and 31 (9) pays the application fee required by AS 18.65.720.
01 * Sec. 5. AS 18.65.700(b) is amended to read: 02 (b) The department shall either approve or reject an application for a permit 03 to carry a concealed handgun under (a) of this section within 30 [15] days of receipt 04 of [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 05 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 06 DETERMINATION CONCERNING] the application. [THE DEPARTMENT SHALL 07 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION 08 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.] The department 09 shall notify the applicant in writing of the reason for a rejection. 10 * Sec. 6. AS 18.65.705 is amended to read: 11 Sec. 18.65.705. QUALIFICATIONS TO OBTAIN A PERMIT. A person is 12 qualified to receive and hold a permit to carry a concealed handgun if the person 13 (1) is 21 years of age or older; 14 (2) is eligible to own or possess a firearm under the laws of this state 15 and under federal law; 16 (3) has not been convicted of and is not currently charged under a 17 complaint, information, indictment, or presentment with a felony under the laws of this 18 state or a similar law of another jurisdiction; 19 (4) has not been convicted, within the five years immediately preceding 20 the application, of, and is not currently charged under a complaint, information, 21 indictment, or presentment with, any of the following misdemeanor offenses or similar 22 laws of another jurisdiction: 23 (A) AS 11.41.230, 11.41.250, 11.41.270; 24 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 25 (C) AS 11.51.130; 26 (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 27 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 28 11.56.805; 29 (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 30 or 31 (F) AS 11.71.050, 11.71.060;
01 (5) has not been convicted of two or more class A misdemeanors of 02 this state or similar laws of another jurisdiction within the five years immediately 03 preceding the application; 04 (6) has not within the 10 years immediately preceding the application 05 been adjudicated a delinquent for a felony offense of this state or another jurisdiction; 06 (7) is not now suffering, and has not within the five years immediately 07 preceding the application suffered, from a mental illness as defined in AS 47.30.915; 08 (8) has not been adjudicated as mentally incapacitated by a court of this 09 state, another state, territory, or jurisdiction, or of the United States, unless the 10 guardianship or similar arrangement has been closed or terminated and five years have 11 elapsed since the closure or other termination; 12 (9) is a resident of the state and has been for the 90 days [ONE 13 YEAR] immediately preceding the application for a permit; 14 (10) has not been discharged from the armed forces of the United 15 States under dishonorable conditions; 16 (11) is not an alien who is residing in the United States illegally or a 17 former citizen of the United States who has renounced the person's citizenship; 18 (12) is not an unlawful user of, or addicted to, a controlled substance; 19 (13) is not now the subject of an injunction under AS 25.35.010 - 20 25.35.020 unless the injunction has been dissolved or has expired; 21 (14) is not now in and has not in the three years immediately preceding 22 the application been ordered by a court to complete an alcohol treatment program; 23 (15) is not now in and has not in the three years immediately preceding 24 the application entered a substance abuse treatment program; and 25 (16) has demonstrated competence with handguns as provided in 26 AS 18.65.715. 27 * Sec. 7. AS 18.65.710(a)(3) is amended to read: 28 (3) a statement that the applicant has been furnished with a copy of the 29 state laws and regulations relating to concealed handguns [AS 18.65.700 - 30 18.65.790], has read those sections, and understands them; 31 * Sec. 8. AS 18.65.715 is amended by adding a new subsection to read:
01 (e) Notwithstanding (a) of this section, an honorably retired peace officer who 02 applies for a permit to carry a concealed handgun within one year of the officer's 03 retirement shall be presumed by the department to have satisfied the demonstration of 04 competency required of an applicant for a permit. A demonstration of competency 05 under this section for an honorably retired peace officer 06 (1) is for any action type or caliber; 07 (2) only applies to the initial demonstration of competency; to renew 08 a concealed handgun permit, an honorably retired peace officer must demonstrate 09 competency as provided in (b) of this section. 10 * Sec. 9. AS 18.65.720 is amended to read: 11 Sec. 18.65.720. FEES. The department shall charge a nonrefundable fee for 12 the processing of the application for and initial issuance of a permit, renewal of a 13 permit, or replacement of a permit. The fees shall be set by regulation and must be 14 based on the actual costs incurred by the department. However, the fee for the 15 processing of an application and initial issuance of a permit may not exceed $99 16 [$125] and the fee for renewal of a permit or replacement of a permit may not exceed 17 $30 [$60]. 18 * Sec. 10. AS 18.65.755(a) is amended to read: 19 (a) A permittee may not carry a concealed handgun into or possess a 20 concealed handgun within 21 (1) a law enforcement or correctional facility; 22 (2) or on school grounds or a school bus; in this paragraph, "school 23 grounds" has the meaning given in AS 11.71.900; 24 (3) a courthouse or a courtroom of this state, unless the permittee 25 (A) is a judge; or 26 (B) has been authorized to possess a concealed handgun by a 27 judge presiding at that courthouse or courtroom; 28 (4) [A BUILDING HOUSING ONLY STATE OR FEDERAL 29 OFFICES OR THE OFFICES OF A POLITICAL SUBDIVISION OF THE STATE, 30 EXCEPT AS AUTHORIZED UNDER (3) OF THIS SUBSECTION; 31 (5) AN OFFICE OF THE STATE, FEDERAL GOVERNMENT, OR
01 OF A POLITICAL SUBDIVISION OF THE STATE THAT IS NOT LOCATED IN 02 A BUILDING DESCRIBED IN (4) OF THIS SUBSECTION; 03 (6) A PASSENGER LOADING OR UNLOADING AREA OF AN 04 AIRLINE TERMINAL; 05 (7)] a vessel of the Alaska marine highway system as prohibited by 06 AS 19.65.055; 07 (5) [(8)] a facility providing services to victims of domestic violence 08 or sexual assault; 09 (6) [(9)] a residence other than the permittee's residence, unless the 10 permittee has first obtained the express permission to bring a concealed handgun 11 into the residence from an adult residing there [WHERE NOTICE THAT 12 CARRYING A CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY 13 THE POSTING OF A CONSPICUOUS NOTICE OR BY ORAL STATEMENT BY 14 THE RESIDENT TO THE PERMITTEE]; 15 (7) [(10)] a facility or meeting of a business, charitable, or other 16 organization or entity where notice that carrying a concealed handgun is prohibited has 17 been given by the posting of conspicuous notice; 18 (8) [(11)] a [FINANCIAL INSTITUTION; IN THIS PARAGRAPH, 19 "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS BANK, SAVINGS 20 ASSOCIATION, CREDIT UNION, OR OTHER INSTITUTION REGULATED BY 21 THE DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT 22 UNDER AS 06; 23 (12) ANOTHER] place where the possession of a deadly weapon or 24 firearm is prohibited by federal law; [OR] 25 (9) [(13)] a municipality or established village that has prohibited the 26 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785; or 27 (10) the campus grounds or facilities of the University of Alaska 28 except as provided by Board of Regents' policy. 29 * Sec. 11. AS 18.65.755(c) is amended to read: 30 (c) In addition to any other penalty provided by law, a person who violates (a) 31 of this section is guilty of a violation punishable as provided in AS 12.55.035 for
01 the first offense, a class B misdemeanor for the second offense, and a class A 02 misdemeanor for the third or subsequent offense. 03 * Sec. 12. AS 19.65 is amended by adding a new section to read: 04 Sec. 19.65.055. POSSESSION OF FIREARMS ABOARD FERRIES. (a) A 05 person may not possess or carry a firearm while aboard a vessel of the Alaska marine 06 highway system unless the person 07 (1) is a peace officer; 08 (2) secures the firearm in a locked propelled vehicle; or 09 (3) upon boarding, allows the purser to hold and secure the firearm 10 until the person disembarks from the vessel. 11 (b) In this section, "firearm" and "propelled vehicle" have the meanings given 12 in AS 11.81.900. 13 * Sec. 13. AS 18.65.725(c) is repealed.