CSHB 102(STA): "An Act relating to concealed deadly weapons."

00 CS FOR HOUSE BILL NO. 102(STA) 01 "An Act relating to concealed deadly weapons." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.61.220(a) is amended to read: 04 (a) A person commits the crime of misconduct involving weapons in the fifth 05 degree if the person 06 (1) is 21 years of age or older and knowingly possesses a deadly 07 weapon, other than an ordinary pocket knife or a defensive weapon, 08 (A) that is concealed on the person, and, when contacted by a 09 peace officer, the person fails to 10 (i) immediately inform the peace officer of that 11 possession; or 12 (ii) allow the peace officer to secure the deadly 13 weapon, or fails to secure the weapon at the direction of the peace 14 officer, during the duration of the contact; 15 (B) that is concealed on the person within the residence of

01 another person unless the person has first obtained the express permission 02 of an adult residing there to bring a concealed deadly weapon within the 03 residence; 04 (2) knowingly possesses a loaded firearm on the person in any place 05 where intoxicating liquor is sold for consumption on the premises; 06 (3) being an unemancipated minor under 16 years of age, possesses a 07 firearm without the consent of a parent or guardian of the minor; 08 (4) knowingly possesses a firearm 09 (A) within the grounds of or on a parking lot immediately 10 adjacent to a center, other than a private residence, licensed under AS 14.37, 11 AS 47.33, or AS 47.35 or recognized by the federal government for the care of 12 children; 13 (B) within a 14 (i) courtroom or office of the Alaska Court System; or 15 (ii) courthouse that is occupied only by the Alaska 16 Court System and other justice-related agencies; or 17 (C) within a domestic violence or sexual assault shelter that 18 receives funding from the state; [OR] 19 (5) possesses or transports a switchblade or a gravity knife; or 20 (6) is less than 21 years of age and knowingly possesses a deadly 21 weapon, other than an ordinary pocket knife or a defensive weapon, that is 22 concealed on the person. 23 * Sec. 2. AS 11.61.220(b) is amended to read: 24 (b) In a prosecution under (a)(6) [(a)(1)] of this section, it is an affirmative 25 defense that the defendant, at the time of possession, was 26 (1) in the defendant's dwelling or on land owned or leased by the 27 defendant appurtenant to the dwelling; or 28 (2) actually engaged in lawful hunting, fishing, trapping, or other 29 lawful outdoor activity that necessarily involves the carrying of a weapon for personal 30 protection [; 31 (3) THE HOLDER OF A VALID PERMIT TO CARRY A

01 CONCEALED HANDGUN UNDER AS 18.65.700 - 18.65.790 AND THE 02 WEAPON WAS A CONCEALED HANDGUN AS DEFINED IN AS 18.65.790; OR 03 (4) CONSIDERED A PERMITTEE UNDER AS 18.65.748 AND 04 THE WEAPON WAS A CONCEALED HANDGUN AS DEFINED IN 05 AS 18.65.790]. 06 * Sec. 3. AS 11.61.220(h) is amended to read: 07 (h) The provisions of (a)(1) and (6) of this section do not apply to a 08 (1) peace officer of this state or a municipality of this state acting 09 within the scope and authority of the officer's employment; 10 (2) peace officer employed by another state or a political subdivision 11 of another state who, at the time of the possession, is 12 (A) certified as a peace officer by the other state; and 13 (B) acting within the scope and authority of the officer's 14 employment; or 15 (3) police officer of this state or a police officer or chief administrative 16 officer of a municipality of this state; in this paragraph, "police officer" and "chief 17 administrative officer" have the meanings given in AS 18.65.290. 18 * Sec. 4. AS 11.61.220 is amended by adding a new subsection to read: 19 (j) In (a)(1) of this section, "contacted by a peace officer" means stopped, 20 detained, questioned, or addressed in person by the peace officer for an official 21 purpose. 22 * Sec. 5. AS 18.65.748 is amended to read: 23 Sec. 18.65.748. Permit holders from other jurisdictions considered Alaska 24 permit holders. A person holding a valid permit to carry a concealed handgun from 25 another state or a political subdivision of another state is a permittee under 26 AS 18.65.700(b) for purposes of AS 18.65.755 - 18.65.765 [AS 18.65.750 - 27 18.65.765] if the person has not had an application for a concealed handgun permit 28 rejected in this state because the person was unqualified under AS 18.65.705 or had a 29 concealed handgun permit revoked or suspended by this state. 30 * Sec. 6. AS 18.65.770 is amended to read: 31 Sec. 18.65.770. Permits, applications, and other materials not public

01 records [ACCESS TO LIST OF PERMITTEES BY PEACE OFFICERS]. 02 Applications [THE DEPARTMENT SHALL COMPILE A LIST OF PERMITTEES 03 IN A MANNER THAT ALLOWS IMMEDIATE ACCESS TO THE 04 INFORMATION BY PEACE OFFICERS. THE LIST OF PERMITTEES AND ALL 05 APPLICATIONS], permits, and renewals are not public records under AS 40.25.110 - 06 40.25.125 and may only be used for law enforcement purposes. 07 * Sec. 7. AS 11.61.220(d)(1)(A); AS 18.65.750, and 18.65.755(a)(1) are repealed.