Enrolled HB 400: Relating to confiscation of firearms during disaster emergencies.
00Enrolled HB 400 01 Relating to confiscation of firearms during disaster emergencies. 02 _______________ 03 * Section 1. AS 26.23.200 is amended by adding a new paragraph to read: 04 (5) authorizes the confiscation of a firearm lawfully owned, possessed, 05 or carried by a law-abiding citizen. 06 * Sec. 2. AS 26.23 is amended by adding a new section to read: 07 Sec. 26.23.205. Confiscation of firearms. (a) A person convicted of official 08 misconduct under AS 11.56.850, or interference with constitutional rights under 09 AS 11.76.110, as a result of confiscating, attempting to confiscate, or ordering the 10 confiscation of a firearm, under color of law, during a disaster emergency, 11 (1) forfeits any appointed government position and, if under the 12 jurisdiction of the Alaska Police Standards Council, is subject to revocation of the 13 person's police certification; 14 (2) is subject to impeachment under art. II, sec. 20, Constitution of the 15 State of Alaska; or
01 (3) is subject to having the person's elected municipal office declared 02 vacant under AS 29.20.170 or 29.20.280. 03 (b) This section does not apply if the person is acting as a private citizen who 04 has been directed to confiscate a firearm by another whom the person reasonably 05 believes to be a peace officer or active member of the armed forces or militia. 06 (c) A conviction described in (a) of this section is an offense involving a 07 violation of the oath of office for purposes of AS 29.20.170 or 29.20.280.