SB 141: "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms."
00SENATE BILL NO. 141 01 "An Act relating to permits to carry concealed handguns; and relating to the 02 possession of firearms." 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 14 handgun as defined in AS 18.65.790, and the possession did not occur in a
01 municipality or established village in which the possession of concealed handguns is 02 prohibited under AS 18.65.780 - 18.65.785; or 03 (4) lawfully able to carry a concealed handgun in public in the state 04 where the defendant resides or was the holder of a valid permit to carry a 05 concealed handgun issued by another state or a political subdivision of another 06 state and 07 (A) the weapon was a concealed handgun as defined in 08 AS 18.65.790; 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; and 12 (C) if applicable, the defendant was considered a permittee 13 under AS 18.65.748. 14 * Sec. 2. AS 11.61.220(d) is amended to read: 15 (d) In a prosecution under (a)(2) of this section, it is 16 (1) an affirmative defense that 17 (A) the defendant, at the time of possession, was 18 (i) the holder of a valid permit to carry a concealed 19 handgun under AS 18.65.700 - 18.65.790 or under the law of 20 another state or a political subdivision of another state; or 21 (ii) lawfully able to carry a concealed handgun in 22 public in the state where the defendant resides; 23 (B) the loaded firearm was a concealed handgun as defined 24 in AS 18.65.790; 25 (C) the possession occurred at a place designated as a 26 restaurant for the purposes of AS 04.16.049; and 27 (D) the possession did not occur in a municipality or 28 established village in which the possession of concealed handguns is 29 prohibited under AS 18.65.780 - 18.65.785; and 30 (E) if applicable, the defendant was considered a permittee 31 under AS 18.65.748;
01 (2) a defense that the defendant, at the time of possession, was on 02 business premises 03 (A) [(1) ON BUSINESS PREMISES] owned by or leased by the 04 defendant; or 05 (B) [(2) ON BUSINESS PREMISES] in the course of the 06 defendant's employment for the owner or lessee of those premises. 07 * Sec. 3. AS 18.65.700(a) is amended to read: 08 (a) The department shall issue a permit to carry a concealed handgun to a 09 person who 10 (1) applies in person at an office of the Alaska State Troopers; 11 (2) qualifies under AS 18.65.705; 12 (3) submits a completed application on a form provided by the 13 department, that provides the information required under AS 18.65.705 and 18.65.710 14 and is executed under oath; with each application form provided by the 15 department, the department shall provide a copy of the state laws and regulations 16 relating to concealed handguns; 17 (4) submits two complete sets of fingerprints on Federal Bureau of 18 Investigation approved fingerprint cards that are of sufficient quality so that the 19 fingerprints may be processed; the fingerprints must be taken by a person, group, or 20 agency approved by the department; the department shall maintain a list of persons, 21 groups, or agencies approved to take fingerprints and shall provide the list to the 22 public upon request; 23 (5) submits evidence of competence with handguns as provided in 24 AS 18.65.715; 25 (6) provides two frontal view color photographs of the person taken 26 within the preceding 30 days that include the head and shoulders of the person and are 27 of a size specified by the department; 28 (7) shows a valid Alaska driver's license or identification card at the 29 time of application; 30 (8) does not suffer a physical infirmity that prevents the safe handling 31 of a handgun; and
01 (9) pays the application fee required by AS 18.65.720. 02 * Sec. 4. AS 18.65.700(b) is amended to read: 03 (b) The department shall either approve or reject an application for a permit 04 to carry a concealed handgun under (a) of this section within 15 days of receipt of 05 [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 06 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 07 DETERMINATION CONCERNING] the application. If the department has not 08 received necessary fingerprint eligibility information from another agency by the 09 end of this 15-day period, and the applicant is otherwise eligible, the department 10 shall issue a conditional permit to the applicant subject to immediate revocation 11 under the procedure provided in AS 18.65.740(a) - (c) if the fingerprint 12 information subsequently discloses that the applicant is ineligible for a permit 13 [THE DEPARTMENT SHALL REQUEST PERMIT ELIGIBILITY INFORMATION 14 UNDER THIS SUBSECTION WITHIN FIVE DAYS OF THE RECEIPT OF THE 15 APPLICATION]. The department shall notify the applicant in writing of the reason 16 for a rejection. 17 * Sec. 5. AS 18.65.700 is amended by adding a new subsection to read: 18 (e) The department may not copy the fingerprint cards that have been 19 submitted for processing under (a) of this section or use the sets of fingerprints for any 20 other purpose except as expressly provided in AS 18.65.700 - 18.65.790. 21 * Sec. 6. AS 18.65 is amended by adding a new section to read: 22 Sec. 18.65.702. Emergency permit for victims of domestic violence. (a) 23 Notwithstanding another provision of AS 18.65.700 - 18.65.790, the department may 24 issue an emergency permit to carry a concealed handgun to a person who 25 (1) applies on a form provided by the department; 26 (2) is a victim of domestic violence; and 27 (3) is in danger of further domestic violence. 28 (b) A permit issued under this section 29 (1) shall be issued without charge to the applicant; 30 (2) may be issued without a fingerprint check of the applicant; 31 (3) is valid for not more than 90 days from the date of issuance and
01 may not be renewed or extended; and 02 (4) is a permit for all purposes provided in AS 18.65.735 - 18.65.790. 03 (c) A person may receive only one permit under this section in a five-year 04 period. 05 * Sec. 7. AS 18.65.705 is repealed and reenacted to read: 06 Sec. 18.65.705. Qualifications to obtain a permit. A person is qualified to 07 receive and hold a permit to carry a concealed handgun 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 a resident of the state and has been for the 90 days immediately 12 preceding the application for a permit; and 13 (4) has demonstrated competence with handguns as provided in 14 AS 18.65.715. 15 * Sec. 8. AS 18.65.710(a)(3) is amended to read: 16 (3) a statement that the applicant has been furnished with a copy of the 17 state laws and regulations relating to concealed handguns [AS 18.65.700 - 18 18.65.790], has read those sections, and understands them; 19 * Sec. 9. AS 18.65.715 is amended by adding a new subsection to read: 20 (e) Notwithstanding (a) of this section, an honorably retired peace officer who 21 applies for a permit to carry a concealed handgun shall be presumed by the department 22 to have satisfied the demonstration of competency required of an applicant for a 23 permit. A demonstration of competency under this section for an honorably retired 24 peace officer is for any action type or caliber. 25 * Sec. 10. AS 18.65.720 is amended to read: 26 Sec. 18.65.720. Fees. The department shall charge a nonrefundable fee for the 27 processing of the application for and initial issuance of a permit, renewal of a permit, 28 or replacement of a permit. The fees shall be set by regulation and must be based on 29 the actual costs incurred by the department. However, the fee for the processing of an 30 application and initial issuance of a permit may not exceed $99 [$125] and the fee for 31 renewal of a permit or replacement of a permit may not exceed $30 [$60].
01 * Sec. 11. AS 18.65.735(a) is repealed and reenacted to read: 02 (a) The department shall immediately suspend a permit to carry a concealed 03 handgun if a permittee becomes ineligible to hold a permit under AS 18.65.705. 04 * Sec. 12. AS 18.65 is amended by adding a new section to read: 05 Sec. 18.65.748. Permit holders from other jurisdictions considered Alaska 06 permit holders. A person holding a permit to carry a concealed handgun from 07 another state or a political subdivision of another state or who may lawfully carry a 08 concealed handgun in public in the state where the person resides is a permittee under 09 AS 18.65.700(b) for purposes of AS 18.65.750 - 18.65.765 if the person 10 (1) has not been in Alaska for more than 90 consecutive days; or 11 (2) has informed the Department of Public Safety of the person's 12 presence in the state and address within the state and of the jurisdiction issuing the 13 person's permit. 14 * Sec. 13. AS 18.65.755(a) is repealed and reenacted to read: 15 (a) Except as otherwise provided by law or by written permission of the person 16 responsible for a building or facility, a permittee may not possess a concealed handgun 17 within 18 (1) a law enforcement or correctional facility; 19 (2) a courthouse or a courtroom of this state; 20 (3) a vessel of the Alaska marine highway system if that vessel allows 21 the purser to hold and secure the concealed handgun until the permittee disembarks 22 from the vessel; 23 (4) a facility providing services to victims of domestic violence or 24 sexual assault; 25 (5) a residence where notice that carrying a concealed handgun is 26 prohibited has been given by the posting of a conspicuous notice or by oral statement 27 by the resident to the permittee; 28 (6) a facility or meeting of a business, charitable, or other organization 29 or entity where notice that carrying a concealed handgun is prohibited has been given 30 by the posting of conspicuous notice and a secure lock box is provided for the storage 31 of a permittee's handgun until the permittee leaves the facility or meeting; or
01 (7) a municipality or established village that has prohibited the 02 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785. 03 * Sec. 14. AS 18.65.755(c) is amended to read: 04 (c) In addition to any other penalty provided by law, a person who violates (a) 05 of this section is guilty of a violation punishable as provided in AS 12.55.035 for 06 the first offense, a class B misdemeanor for the second offense, and a class A 07 misdemeanor for the third or subsequent offense. 08 * Sec. 15. AS 18.65.790(3) is amended to read: 09 (3) "concealed handgun" means a firearm, that is a pistol or a revolver, 10 and that is covered or enclosed in any manner so that an observer cannot determine 11 that it is a handgun without removing it from that which covers or encloses it or 12 without opening, lifting, or removing that which covers or encloses it; however, 13 "concealed handgun" does not include a shotgun, rifle, [DERRINGER OR OTHER 14 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200 15 [; IN THIS PARAGRAPH, 16 (A) "DERRINGER" MEANS A HANDGUN THAT HAS 17 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF 18 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 19 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 20 IS PART OF THE FRAME; AND 21 (B) "MINIATURE HANDGUN" MEANS A HANDGUN 22 THAT HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES 23 OR LESS AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 24 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 25 IS PART OF THE FRAME]; 26 * Sec. 16. AS 18.65.715(b), 18.65.725(a)(3), 18.65.725(c), and 18.65.740(a)(2) are 27 repealed.