HB 320: "An Act relating to possession of deadly weapons by a person who is 18 years of age or older."
00 HOUSE BILL NO. 320 01 "An Act relating to possession of deadly weapons by a person who is 18 years of age or 02 older." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.210(a) is amended to read: 05 (a) A person commits the crime of misconduct involving weapons in the 06 fourth degree if the person 07 (1) possesses on the person, or in the interior of a vehicle in which the 08 person is present, a firearm when the person's physical or mental condition is impaired 09 as a result of the introduction of an intoxicating liquor or a controlled substance into 10 the person's body in circumstances other than described in AS 11.61.200(a)(7); 11 (2) discharges a firearm from, on, or across a highway; 12 (3) discharges a firearm with reckless disregard for a risk of damage to 13 property or a risk of physical injury to a person under circumstances other than those 14 described in AS 11.61.195(a)(3)(A);
01 (4) manufactures, possesses, transports, sells, or transfers metal 02 knuckles; 03 (5) sells or transfers a switchblade or a gravity knife to a person under 04 18 years of age without the prior written consent of the person's parent or guardian; 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 08 school student, knowingly possesses a deadly weapon or a defensive weapon, without 09 the permission of the chief administrative officer of the school or district or the 10 designee of the chief administrative officer, within the buildings of, on the grounds of, 11 or on the school parking lot of a public or private preschool, elementary, junior high, 12 or 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 18  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 is 20 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 in a 31 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. 2. 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) is 18  years of age or older and knowingly possesses a deadly 08 weapon, other than an ordinary pocket knife or a defensive weapon, 09 (A) that is concealed on the person, and, when contacted by a 10 peace officer, the person fails to 11 (i) immediately inform the peace officer of that 12 possession; or 13 (ii) allow the peace officer to secure the deadly weapon, 14 or fails to secure the weapon at the direction of the peace officer, 15 during the duration of the contact; 16 (B) that is concealed on the person within the residence of 17 another person unless the person has first obtained the express permission of 18 an adult residing there to bring a concealed deadly weapon within the 19 residence; 20 (2) knowingly possesses a loaded firearm on the person in any place 21 where intoxicating liquor is sold for consumption on the premises; 22 (3) being an unemancipated minor under 16 years of age, possesses a 23 firearm, switchblade, or gravity knife without the consent of a parent or guardian of 24 the minor; 25 (4) knowingly possesses a firearm 26 (A) within the grounds of or on a parking lot immediately 27 adjacent to an entity, other than a private residence, licensed as a child care 28 facility under AS 47.32 or recognized by the federal government for the care of 29 children, except that a person 18  years of age or older may possess an 30 unloaded firearm in the trunk of a motor vehicle or encased in a closed 31 container of a motor vehicle;
01 (B) within a 02 (i) courtroom or office of the Alaska Court System; or 03 (ii) courthouse that is occupied only by the Alaska 04 Court System and other justice-related agencies; or 05 (C) within a domestic violence or sexual assault shelter that 06 receives funding from the state; 07 (5) [REPEALED] 08 (6) is less than 18  years of age and knowingly possesses a deadly 09 weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed 10 on the person. 11 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. AS 11.61.210(a), as amended by sec. 1 of this Act, and 14 AS 11.61.220(a), as amended by sec. 2 of this Act, apply to offenses committed before, on, or 15 after the effective date of secs. 1 and 2 this Act.