CSSB 141(RLS): "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms."
00CS FOR SENATE BILL NO. 141(RLS) 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 11.61.200(a) is amended by adding a new paragraph to read: 05 (12) knowingly possesses a firearm that is concealed on the person after 06 having been convicted of a felony or adjudicated a delinquent minor for conduct that 07 would constitute a felony if committed by an adult by a court of this state, a court of 08 the United States, or a court of another state or territory. 09 * Sec. 2. AS 11.61.200 is amended by adding new subsections to read: 10 (h) For purposes of (a)(12) of this section, a firearm on a person is concealed 11 if it is covered or enclosed in any manner so that an observer cannot determine that 12 it is a firearm without removing it from that which covers or encloses it or without 13 opening, lifting, or removing that which covers or encloses it. A firearm on a person 14 is not concealed if it is unloaded and is encased in a closed container designed for
01 transporting firearms. 02 (i) It is an affirmative defense to a prosecution under (a)(12) of this section 03 that 04 (1) either 05 (A) the defendant convicted of the prior offense on which the 06 action is based received a pardon for that conviction; 07 (B) the underlying conviction upon which the action is based 08 has been set aside under AS 12.55.085 or as a result of post-conviction 09 proceedings; or 10 (C) a period of 10 years or more has elapsed between the date 11 of the defendant's unconditional discharge on the prior offense or adjudication 12 of juvenile delinquency and the date of the violation of (a)(12) of this section, 13 and the prior conviction or adjudication of juvenile delinquency did not result 14 from a violation of AS 11.41 or of a similar law of the United States or of 15 another state or territory; and 16 (2) at the time of possession, the defendant was 17 (A) in the defendant's dwelling or on land owned or leased by 18 the defendant appurtenant to the dwelling; or 19 (B) actually engaged in lawful hunting, fishing, trapping, or 20 other lawful outdoor activity that necessarily involves the carrying of a weapon 21 for personal protection. 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; 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 valid permit to carry a concealed handgun under 31 AS 18.65.700 - 18.65.790, the [DEADLY] weapon [CONCEALED] was a concealed
01 handgun as defined in AS 18.65.790, and the possession did not occur in a 02 municipality or established village in which the possession of concealed handguns is 03 prohibited under AS 18.65.780 - 18.65.785; or 04 (4) the defendant was considered a permittee under AS 18.65.748 05 and 06 (A) the weapon was a concealed handgun as defined in 07 AS 18.65.790; and 08 (B) the possession did not occur in a municipality or 09 established village in which the possession of concealed handguns is 10 prohibited under AS 18.65.780 - 18.65.785. 11 * Sec. 4. AS 11.61.220(c) is amended to read: 12 (c) The provisions of (a)(2) [(a)(1), (2),] and (4) of this section do not apply 13 to a peace officer acting within the scope and authority of the officer's employment. 14 * Sec. 5. 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 considered 18 a permittee under AS 18.65.748; 19 (B) the loaded firearm was a concealed handgun as defined 20 in AS 18.65.790; 21 (C) the possession occurred at a place designated as a 22 restaurant for the purposes of AS 04.16.049 and the defendant did not 23 consume intoxicating liquor at the place; and 24 (D) the possession did not occur in a municipality or 25 established village in which the possession of concealed handguns is 26 prohibited under AS 18.65.780 - 18.65.785; 27 (2) a defense that the defendant, at the time of possession, was on 28 business premises 29 (A) [(1) ON BUSINESS PREMISES] owned by or leased by the 30 defendant; or 31 (B) [(2) ON BUSINESS PREMISES] in the course of the
01 defendant's employment for the owner or lessee of those premises. 02 * Sec. 6. AS 11.61.220 is amended by adding a new subsection to read: 03 (h) The provisions of (a)(1) of this section do not apply to a peace officer 04 (1) of this state who is certified by the Alaska Police Standards Council 05 as a peace officer; or 06 (2) employed by another state or a political subdivision of another state 07 who is at the time of the possession certified as a peace officer by the other state and 08 is acting within the scope and authority of the officer's employment. 09 * Sec. 7. AS 18.65.700(a) is amended to read: 10 (a) The department shall issue a permit to carry a concealed handgun to a 11 person who 12 (1) applies in person at an office of the Alaska State Troopers; 13 (2) qualifies under AS 18.65.705; 14 (3) submits a completed application on a form provided by the 15 department, that provides the information required under AS 18.65.705 and 18.65.710 16 and is executed under oath; with each application form provided by the 17 department, the department shall provide a copy of the state laws and regulations 18 relating to concealed handguns, which must include a concise summary of where, 19 when, and by whom a handgun can be carried under state and federal law; 20 (4) submits two complete sets of fingerprints on Federal Bureau of 21 Investigation approved fingerprint cards that are of sufficient quality so that the 22 fingerprints may be processed; the fingerprints must be taken by a person, group, or 23 agency approved by the department; the department shall maintain a list of persons, 24 groups, or agencies approved to take fingerprints and shall provide the list to the 25 public upon request; 26 (5) submits evidence of competence with handguns as provided in 27 AS 18.65.715; 28 (6) provides two frontal view color photographs of the person taken 29 within the preceding 30 days that include the head and shoulders of the person and are 30 of a size specified by the department; 31 (7) shows a valid Alaska driver's license or identification card at the
01 time of application; 02 (8) does not suffer a physical infirmity that prevents the safe handling 03 of a handgun; and 04 (9) pays the application fee required by AS 18.65.720. 05 * Sec. 8. AS 18.65.700(b) is amended to read: 06 (b) The department shall either approve or reject an application for a permit 07 to carry a concealed handgun under (a) of this section within 30  days of receipt 08 of [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 09 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 10 DETERMINATION CONCERNING] the application. If the department has not 11 received necessary fingerprint eligibility information from another agency by the 12 end of this 30-day period, and the applicant is otherwise eligible, the department 13 shall issue a conditional permit to the applicant subject to immediate revocation 14 under the procedure provided in AS 18.65.740(a) - (c) if the fingerprint 15 information subsequently discloses that the applicant is ineligible for a permit 16 [THE DEPARTMENT SHALL REQUEST PERMIT ELIGIBILITY INFORMATION 17 UNDER THIS SUBSECTION WITHIN FIVE DAYS OF THE RECEIPT OF THE 18 APPLICATION]. The department shall notify the applicant in writing of the reason 19 for a rejection. 20 * Sec. 9. AS 18.65.700 is amended by adding a new subsection to read: 21 (e) The department shall issue a permit to carry a concealed handgun to an 22 honorably retired peace officer of this state who applies for a concealed handgun 23 permit within one year of the officer's retirement and who satisfies the requirements 24 of this subsection. To qualify for a permit under this subsection, an honorably retired 25 peace officer must satisfy (a)(1) - (3) and (6) - (9) of this section and, unless the 26 honorably retired peace officer has qualified with a handgun within five years of the 27 officer's retirement, must also satisfy (a)(5) of this section. The department may not 28 require an honorably retired peace officer applying under this subsection to comply 29 with (a)(4) of this section to receive a permit. The department shall issue the permit 30 without submitting information to or receiving permit eligibility information from the 31 Federal Bureau of Investigation. The department may adopt regulations to define an
01 "honorably retired peace officer" and the evidence that must be submitted to establish 02 eligibility under this subsection. 03 * Sec. 10. AS 18.65.705 is repealed and reenacted to read: 04 Sec. 18.65.705. Qualifications to obtain a permit. A person is qualified to 05 receive and hold a permit to carry a concealed handgun if the person 06 (1) is 21 years of age or older; 07 (2) is eligible to own or possess a handgun under the laws of this state 08 and under federal law; 09 (3) is a resident of the state and has been for the 90 days immediately 10 preceding the application for a permit; 11 (4) has not been convicted of two or more class A misdemeanors of 12 this state or similar laws of another jurisdiction within the six years immediately 13 preceding the application; and 14 (5) has demonstrated competence with handguns as provided in 15 AS 18.65.715. 16 * Sec. 11. AS 18.65.710(a)(3) is amended to read: 17 (3) a statement that the applicant has been furnished with a copy of the 18 state laws and regulations relating to concealed handguns [AS 18.65.700 - 19 18.65.790], has read those sections, and understands them; 20 * Sec. 12. AS 18.65.720 is amended to read: 21 Sec. 18.65.720. Fees. The department shall charge a nonrefundable fee for the 22 processing of the application for and initial issuance of a permit, renewal of a permit, 23 or replacement of a permit. The fees shall be set by regulation and must be based on 24 the actual costs incurred by the department. However, the fee for the processing of an 25 application and initial issuance of a permit may not exceed $99 [$125] and the fee for 26 renewal of a permit or replacement of a permit may not exceed $30 [$60]. 27 * Sec. 13. AS 18.65.735(a) is repealed and reenacted to read: 28 (a) The department shall immediately suspend a permit to carry a concealed 29 handgun if a permittee becomes ineligible to hold a permit under AS 18.65.705. 30 * Sec. 14. AS 18.65.740(a) is amended to read: 31 (a) A permit to carry a concealed handgun shall be immediately revoked by
01 the department when the permittee 02 (1) becomes disqualified to receive and hold a permit under 03 AS 18.65.705; 04 (2) is convicted of two class A misdemeanors of this state or similar 05 laws of another jurisdiction within a six-year [FIVE-YEAR] period if at least one of 06 the convictions occurs after the application; 07 (3) knowingly supplied a false or fraudulent answer, statement, or 08 document, or made a material misstatement or omission, in connection with an 09 application for a permit or renewal or replacement of a permit. 10 * Sec. 15. AS 18.65 is amended by adding a new section to read: 11 Sec. 18.65.748. Permit holders from other jurisdictions considered Alaska 12 permit holders. A person holding a valid permit to carry a concealed handgun from 13 another state or a political subdivision of another state or who may lawfully carry a 14 concealed handgun in public in the state where the person resides is a permittee under 15 AS 18.65.700(b) for purposes of AS 18.65.750 - 18.65.765 if the person has not been 16 in Alaska for more than 120 consecutive days. 17 * Sec. 16. AS 18.65.755(a) is repealed and reenacted to read: 18 (a) A permittee may not possess a concealed handgun 19 (1) within a residence, other than the permittee's residence, unless the 20 permittee has first obtained the express permission of an adult residing there to bring 21 a concealed handgun within the residence; and 22 (2) anywhere a person is prohibited from possessing a handgun under 23 state or federal law. 24 * Sec. 17. AS 18.65.790(3) is amended to read: 25 (3) "concealed handgun" means a firearm, that is a pistol or a revolver, 26 and that is covered or enclosed in any manner so that an observer cannot determine 27 that it is a handgun without removing it from that which covers or encloses it or 28 without opening, lifting, or removing that which covers or encloses it; however, 29 "concealed handgun" does not include a shotgun, rifle, [DERRINGER OR OTHER 30 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200 31 [; IN THIS PARAGRAPH,
01 (A) "DERRINGER" MEANS A HANDGUN THAT HAS 02 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF 03 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 04 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 05 IS PART OF THE FRAME; AND 06 (B) "MINIATURE HANDGUN" MEANS A HANDGUN 07 THAT HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES 08 OR LESS AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 09 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 10 IS PART OF THE FRAME]; 11 * Sec. 18. AS 18.65.715(b), 18.65.725(a)(3), and 18.65.755(b) are repealed.