SB 271: "An Act relating to the possession of firearms; and providing for an effective date."
00SENATE BILL NO. 271 01 "An Act relating to the possession of firearms; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.220(a), as amended by sec. 4, ch. 1, SLA 1998, 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
01 adjacent to a center, other than a private residence, licensed under AS 47.33 or 02 AS 47.35 or recognized by the federal government for the care of children; 03 [OR] 04 (B) within a 05 (i) courtroom or office of the Alaska Court System; or 06 (ii) courthouse that is occupied only by the Alaska Court 07 System and other justice-related agencies; 08 (C) within a facility providing services to victims of domestic 09 violence or sexual assault [SHELTER] that receives funding from the state; or 10 (5) possesses or transports a switchblade or a gravity knife. 11 * Sec. 2. AS 11.61.220(i), added by sec. 8, ch. 1, SLA 1998, is amended to read: 12 (i) In a prosecution 13 (1) [(A)] under (a)(4)(B) of this section, it is a defense that the 14 defendant, at the time of possession, was authorized to possess the firearm 15 under a rule of court; 16 (2) [(B)] under (a)(4)(C) of this section, it is a defense that the 17 defendant, at the time of possession, was authorized in writing by the 18 administrator of the facility [SHELTER] to possess the firearm. 19 * Sec. 3. AS 18.65.705, as repealed and reenacted by sec. 12, ch. 1, SLA 1998, is amended 20 to read: 21 Sec. 18.65.705. Qualifications to obtain a permit. A person is qualified to 22 receive and hold a permit to carry a concealed handgun if the person 23 (1) is 21 years of age or older; 24 (2) is eligible to own or possess a handgun under the laws of this state 25 and under federal law; 26 (3) is a resident of the state and has been for the 90 days immediately 27 preceding the application for a permit; 28 (4) has not been convicted of two or more class A misdemeanors of 29 this state or similar laws of another jurisdiction within the six years immediately 30 preceding the application; 31 (5) is not now in and has not in the three years immediately preceding
01 the application been ordered by a court to complete an alcohol or substance abuse 02 treatment program; [AND] 03 (6) has demonstrated competence with handguns as provided in 04 AS 18.65.715 ; 05 (7) has not, within the six years immediately preceding the 06 application, been convicted of, or as a permittee is not convicted of, 07 (A) a misdemeanor that is a crime involving domestic 08 violence; 09 (B) stalking in the second degree under AS 11.41.270; 10 (8) is not the respondent in a protective order issued under 11 AS 18.66.100 - 18.66.180 unless the protective order has been dissolved or has 12 expired; and 13 (9) is not currently charged under a complaint, information, or 14 indictment with any of the following offenses or a similar law of another 15 jurisdiction: 16 (A) a felony; 17 (B) a crime involving domestic violence; or 18 (C) stalking in the second degree . 19 * Sec. 4. AS 18.65.790 is amended by adding a new paragraph to read: 20 (8) "crime involving domestic violence" has the meaning given in 21 AS 18.66.990. 22 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c) but not before the date 23 that ch. 1, SLA 1998, takes effect.