HCS CSSB 141(FIN) AM H: "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms."
00HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H 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 11.61.210(a) is amended to read: 23 Sec. 11.61.210. Misconduct involving weapons in the fourth degree. (a) 24 A person commits the crime of misconduct involving weapons in the fourth degree if 25 the person 26 (1) possesses on the person, or in the interior of a vehicle in which the 27 person is present, a firearm when the person's physical or mental condition is impaired 28 as a result of the introduction of an intoxicating liquor or a controlled substance into 29 the person's body in circumstances other than described in AS 11.61.200(a)(7); 30 (2) discharges a firearm from, on, or across a highway; 31 (3) discharges a firearm with reckless disregard for a risk of damage
01 to property or a risk of physical injury to a person; 02 (4) manufactures, possesses, transports, sells, or transfers metal 03 knuckles; 04 (5) manufactures, sells, or transfers a switchblade or a gravity knife; 05 (6) knowingly sells a firearm or a defensive weapon to a person under 06 18 years of age; 07 (7) other than a preschool, elementary, junior high, or secondary school 08 student, knowingly possesses a deadly weapon or a defensive weapon, without the 09 permission of the chief administrative officer of the school or district or the designee 10 of the chief administrative officer, within the buildings of, on the grounds of, or on the 11 school parking lot of a public or private preschool, elementary, junior high, or 12 secondary school, on a school bus while being transported to or from school or a 13 school-sponsored event, or while participating in a school-sponsored event, except that 14 a person 21 years of age or older may possess 15 (A) a deadly weapon, other than a loaded firearm, in the trunk 16 of a motor vehicle or encased in a closed container in a motor vehicle; 17 (B) a defensive weapon; 18 (C) an unloaded firearm if the person is traversing school 19 premises in a rural area for the purpose of entering public or private land that 20 is open to hunting and the school board with jurisdiction over the school 21 premises has elected to have this exemption apply to the school premises; in 22 this subparagraph, "rural" means a community with a population of 5,500 or 23 less that is not connected by road or rail to Anchorage or Fairbanks or with a 24 population of 1,500 or less that is connected by road or rail to Anchorage or 25 Fairbanks; or 26 (8) being a preschool, elementary, junior high, or secondary school 27 student, knowingly possesses a deadly weapon or a defensive weapon, within the 28 buildings of, on the grounds of, or on the school parking lot of a public or private 29 preschool, elementary, junior high, or secondary school, on a school bus while being 30 transported to or from school or a school-sponsored event, or while participating 31 in a school-sponsored event, except that a student may possess a deadly weapon, other
01 than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student 02 has obtained the prior permission of the chief administrative officer of the school or 03 district or the designee of the chief administrative officer for the possession. 04 * Sec. 4. AS 11.61.220(a) is amended to read: 05 (a) A person commits the crime of misconduct involving weapons in the fifth 06 degree if the person 07 (1) knowingly possesses a deadly weapon, other than an ordinary 08 pocket knife or a defensive weapon, that is concealed on the person; 09 (2) knowingly possesses a loaded firearm on the person in any place 10 where intoxicating liquor is sold for consumption on the premises; 11 (3) being an unemancipated minor under 16 years of age, possesses a 12 firearm without the consent of a parent or guardian of the minor; 13 (4) knowingly possesses a firearm 14 (A) within the grounds of or on a parking lot immediately 15 adjacent to a center, other than a private residence, licensed under AS 47.33 or 16 AS 47.35 or recognized by the federal government for the care of children; or 17 (B) within a 18 (i) courtroom or office of the Alaska Court System; 19 or 20 (ii) courthouse that is occupied only by the Alaska 21 Court System and other justice-related agencies; 22 (C) within a domestic violence or sexual assault shelter that 23 receives funding from the state; or 24 (5) possesses or transports a switchblade or a gravity knife. 25 * Sec. 5. AS 11.61.220(b) is amended to read: 26 (b) In a prosecution under (a)(1) of this section, it is an affirmative defense 27 that the defendant, at the time of possession, was 28 (1) in the defendant's dwelling or on land owned or leased by the 29 defendant appurtenant to the dwelling; 30 (2) actually engaged in lawful hunting, fishing, trapping, or other lawful 31 outdoor activity that necessarily involves the carrying of a weapon for personal
01 protection; [OR] 02 (3) the holder of a valid permit to carry a concealed handgun under 03 AS 18.65.700 - 18.65.790, the [DEADLY] weapon [CONCEALED] was a concealed 04 handgun as defined in AS 18.65.790, and the possession did not occur in a 05 municipality or established village in which the possession of concealed handguns is 06 prohibited under AS 18.65.780 - 18.65.785; or 07 (4) the defendant was considered a permittee under AS 18.65.748 08 and 09 (A) the weapon was a concealed handgun as defined in 10 AS 18.65.790; and 11 (B) the possession did not occur in a municipality or 12 established village in which the possession of concealed handguns is 13 prohibited under AS 18.65.780 - 18.65.785. 14 * Sec. 6. AS 11.61.220(c) is amended to read: 15 (c) The provisions of (a)(2) [(a)(1), (2),] and (4) of this section do not apply 16 to a peace officer acting within the scope and authority of the officer's employment. 17 * Sec. 7. AS 11.61.220(d) is amended to read: 18 (d) In a prosecution under (a)(2) of this section, it is 19 (1) an affirmative defense that 20 (A) the defendant, at the time of possession, was the holder 21 of a valid permit to carry a concealed handgun under AS 18.65.700 - 22 18.65.790 or was considered a permittee under AS 18.65.748; 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 the defendant did not 27 consume intoxicating liquor at the place; and 28 (D) the possession did not occur in a municipality or 29 established village in which the possession of concealed handguns is 30 prohibited under AS 18.65.780 - 18.65.785; 31 (2) a defense that the defendant, at the time of possession, was on
01 business premises 02 (A) [(1) ON BUSINESS PREMISES] owned by or leased by the 03 defendant; or 04 (B) [(2) ON BUSINESS PREMISES] in the course of the 05 defendant's employment for the owner or lessee of those premises. 06 * Sec. 8. AS 11.61.220 is amended by adding new subsections to read: 07 (h) The provisions of (a)(1) of this section do not apply to a peace officer 08 (1) of this state who is certified by the Alaska Police Standards Council 09 as a peace officer; or 10 (2) employed by another state or a political subdivision of another state 11 who is at the time of the possession certified as a peace officer by the other state and 12 is acting within the scope and authority of the officer's employment. 13 (i) In a prosecution 14 (A) under (a)(4)(B) of this section, it is a defense that the 15 defendant, at the time of possession, was authorized to possess the firearm 16 under a rule of court; 17 (B) under (a)(4)(C) of this section, it is a defense that the 18 defendant, at the time of possession, was authorized in writing by the 19 administrator of the shelter to possess the firearm. 20 * Sec. 9. AS 18.65.700(a) is amended to read: 21 (a) The department shall issue a permit to carry a concealed handgun to a 22 person who 23 (1) applies in person at an office of the Alaska State Troopers; 24 (2) qualifies under AS 18.65.705; 25 (3) submits a completed application on a form provided by the 26 department, that provides the information required under AS 18.65.705 and 18.65.710 27 and is executed under oath; with each application form provided by the 28 department, the department shall provide a copy of the state laws and regulations 29 relating to concealed handguns, which must include a concise summary of where, 30 when, and by whom a handgun can be carried under state and federal law; 31 (4) submits two complete sets of fingerprints on Federal Bureau of
01 Investigation approved fingerprint cards that are of sufficient quality so that the 02 fingerprints may be processed; the fingerprints must be taken by a person, group, or 03 agency approved by the department; the department shall maintain a list of persons, 04 groups, or agencies approved to take fingerprints and shall provide the list to the 05 public upon request; 06 (5) submits evidence of competence with handguns as provided in 07 AS 18.65.715; 08 (6) provides two frontal view color photographs of the person taken 09 within the preceding 30 days that include the head and shoulders of the person and are 10 of a size specified by the department; 11 (7) shows a valid Alaska driver's license or identification card at the 12 time of application; 13 (8) does not suffer a physical infirmity that prevents the safe handling 14 of a handgun; and 15 (9) pays the application fee required by AS 18.65.720. 16 * Sec. 10. AS 18.65.700(b) is amended to read: 17 (b) The department shall either approve or reject an application for a permit 18 to carry a concealed handgun under (a) of this section within 30  days of receipt 19 of [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 20 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 21 DETERMINATION CONCERNING] the application. If the department has not 22 received necessary fingerprint eligibility information from another agency by the 23 end of this 30-day period, and the applicant is otherwise eligible, the department 24 shall issue a conditional permit to the applicant subject to immediate revocation 25 under the procedure provided in AS 18.65.740(a) - (c) if the fingerprint 26 information subsequently discloses that the applicant is ineligible for a permit 27 [THE DEPARTMENT SHALL REQUEST PERMIT ELIGIBILITY INFORMATION 28 UNDER THIS SUBSECTION WITHIN FIVE DAYS OF THE RECEIPT OF THE 29 APPLICATION]. The department shall notify the applicant in writing of the reason 30 for a rejection. 31 * Sec. 11. AS 18.65.700 is amended by adding a new subsection to read:
01 (e) The department shall issue a permit to carry a concealed handgun to an 02 honorably retired peace officer of this state who applies for a concealed handgun 03 permit within one year of the officer's retirement and who satisfies the requirements 04 of this subsection. To qualify for a permit under this subsection, an honorably retired 05 peace officer must satisfy (a)(1) - (3) and (6) - (9) of this section and, unless the 06 honorably retired peace officer has qualified with a handgun within five years of the 07 officer's retirement, must also satisfy (a)(5) of this section. The department may not 08 require an honorably retired peace officer applying under this subsection to comply 09 with (a)(4) of this section to receive a permit. The department shall issue the permit 10 without submitting information to or receiving permit eligibility information from the 11 Federal Bureau of Investigation. The department may adopt regulations to define an 12 "honorably retired peace officer" and the evidence that must be submitted to establish 13 eligibility under this subsection. 14 * Sec. 12. AS 18.65.705 is repealed and reenacted to read: 15 Sec. 18.65.705. Qualifications to obtain a permit. A person is qualified to 16 receive and hold a permit to carry a concealed handgun if the person 17 (1) is 21 years of age or older; 18 (2) is eligible to own or possess a handgun under the laws of this state 19 and under federal law; 20 (3) is a resident of the state and has been for the 90 days immediately 21 preceding the application for a permit; 22 (4) has not been convicted of two or more class A misdemeanors of 23 this state or similar laws of another jurisdiction within the six years immediately 24 preceding the application; 25 (5) is not now in and has not in the three years immediately preceding 26 the application been ordered by a court to complete an alcohol or substance abuse 27 treatment program; and 28 (6) has demonstrated competence with handguns as provided in 29 AS 18.65.715. 30 * Sec. 13. AS 18.65.710(a)(3) is amended to read: 31 (3) a statement that the applicant has been furnished with a copy of the
01 state laws and regulations relating to concealed handguns [AS 18.65.700 - 02 18.65.790], has read those sections, and understands them; 03 * Sec. 14. AS 18.65.720 is amended to read: 04 Sec. 18.65.720. Fees. The department shall charge a nonrefundable fee for the 05 processing of the application for and initial issuance of a permit, renewal of a permit, 06 or replacement of a permit. The fees shall be set by regulation and must be based on 07 the actual costs incurred by the department. However, the fee for the processing of an 08 application and initial issuance of a permit may not exceed $99 [$125] and the fee for 09 renewal of a permit or replacement of a permit may not exceed $30 [$60]. 10 * Sec. 15. AS 18.65.735(a) is repealed and reenacted to read: 11 (a) The department shall immediately suspend a permit to carry a concealed 12 handgun if a permittee becomes ineligible to hold a permit under AS 18.65.705. 13 * Sec. 16. AS 18.65.740(a) is amended to read: 14 (a) A permit to carry a concealed handgun shall be immediately revoked by 15 the department when the permittee 16 (1) becomes disqualified to receive and hold a permit under 17 AS 18.65.705; 18 (2) is convicted of two class A misdemeanors of this state or similar 19 laws of another jurisdiction within a six-year [FIVE-YEAR] period if at least one of 20 the convictions occurs after the application; 21 (3) knowingly supplied a false or fraudulent answer, statement, or 22 document, or made a material misstatement or omission, in connection with an 23 application for a permit or renewal or replacement of a permit. 24 * Sec. 17. AS 18.65 is amended by adding a new section to read: 25 Sec. 18.65.748. Permit holders from other jurisdictions considered Alaska 26 permit holders. A person holding a valid permit to carry a concealed handgun from 27 another state or a political subdivision of another state with permit requirements at 28 least as strict as those in AS 18.65.700 - 18.65.790 is a permittee under 29 AS 18.65.700(b) for purposes of AS 18.65.750 - 18.65.765 if the person has not been 30 in Alaska for more than 120 consecutive days. 31 * Sec. 18. AS 18.65.755(a) is repealed and reenacted to read:
01 (a) A permittee may not possess a concealed handgun 02 (1) within a residence, other than the permittee's residence, unless the 03 permittee has first obtained the express permission of an adult residing there to bring 04 a concealed handgun within the residence; and 05 (2) anywhere a person is prohibited from possessing a handgun under 06 state or federal law. 07 * Sec. 19. AS 18.65.790(3) is amended to read: 08 (3) "concealed handgun" means a firearm, that is a pistol or a revolver, 09 and that is covered or enclosed in any manner so that an observer cannot determine 10 that it is a handgun without removing it from that which covers or encloses it or 11 without opening, lifting, or removing that which covers or encloses it; however, 12 "concealed handgun" does not include a shotgun, rifle, [DERRINGER OR OTHER 13 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200 14 [; IN THIS PARAGRAPH, 15 (A) "DERRINGER" MEANS A HANDGUN THAT HAS 16 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF 17 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 18 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 19 IS PART OF THE FRAME; AND 20 (B) "MINIATURE HANDGUN" MEANS A HANDGUN 21 THAT HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES 22 OR LESS AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 23 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 24 IS PART OF THE FRAME]; 25 * Sec. 20. AS 18.65.715(b), 18.65.725(a)(3), and 18.65.755(b) are repealed.