HB 370: "An Act relating to assault in the third and fourth degrees; relating to reckless endangerment; relating to possession of a deadly weapon; and relating to misconduct involving weapons."
00 HOUSE BILL NO. 370 01 "An Act relating to assault in the third and fourth degrees; relating to reckless 02 endangerment; relating to possession of a deadly weapon; and relating to misconduct 03 involving weapons." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.41.220 is amended by adding a new subsection to read: 06 (f) The provisions of (a)(1)(A) of this section do not apply to the defensive 07 display of a firearm by a person. 08 * Sec. 2. AS 11.41.230 is amended by adding a new subsection to read: 09 (c) The provisions of (a)(3) of this section do not apply to the defensive 10 display of a firearm by a person. 11 * Sec. 3. AS 11.41.250 is amended by adding a new subsection to read: 12 (c) The provisions of (a) of this section do not apply to the defensive display 13 of a firearm by a person. 14 * Sec. 4. AS 11.61.200(e) is amended to read:
01 (e) The provisions of (a)(3) and (11) of this section do not apply to a current 02 or former peace officer who has not been convicted of a felony, whether the peace 03 officer is on or off duty [ACTING WITHIN THE SCOPE AND AUTHORITY OF 04 THE OFFICER'S EMPLOYMENT]. 05 * Sec. 5. AS 11.61.210(a) is amended to read: 06 (a) A person commits the crime of misconduct involving weapons in the 07 fourth degree if the person 08 (1) possesses on the person, or in the interior of a vehicle in which the 09 person is present, a firearm when the person's physical or mental condition is impaired 10 as a result of the introduction of an intoxicating liquor or a controlled substance into 11 the person's body in circumstances other than described in AS 11.61.200(a)(7); 12 (2) discharges a firearm from, on, or across a highway; 13 (3) discharges a firearm with reckless disregard for a risk of damage to 14 property or a risk of physical injury to a person under circumstances other than those 15 described in AS 11.61.195(a)(3)(A); 16 (4) manufactures, possesses, transports, sells, or transfers metal 17 knuckles; 18 (5) sells or transfers a switchblade or a gravity knife to a person under 19 18 years of age without the prior written consent of the person's parent or guardian; 20 (6) knowingly sells a firearm or a defensive weapon to a person under 21 18 years of age; 22 (7) other than a preschool, elementary, junior high, or secondary 23 school student, knowingly possesses a deadly weapon or a defensive weapon, without 24 the permission of the chief administrative officer of the school or district or the 25 designee of the chief administrative officer, within the buildings of, on the grounds of, 26 or on the school parking lot of a public or private preschool, elementary, junior high, 27 or secondary school, on a school bus while being transported to or from school or a 28 school-sponsored event, or while participating in a school-sponsored event, except that 29 a person 18 [21] years of age or older may possess 30 (A) a deadly weapon, other than a loaded firearm, in the trunk 31 of a motor vehicle or encased in a closed container in a motor vehicle;
01 (B) a defensive weapon; 02 (C) an unloaded firearm if the person is traversing school 03 premises in a rural area for the purpose of entering public or private land that is 04 open to hunting and the school board with jurisdiction over the school 05 premises has elected to have this exemption apply to the school premises; in 06 this subparagraph, "rural" means a community with a population of 5,500 or 07 less that is not connected by road or rail to Anchorage or Fairbanks or with a 08 population of 1,500 or less that is connected by road or rail to Anchorage or 09 Fairbanks; or 10 (8) being a preschool, elementary, junior high, or secondary school 11 student, knowingly possesses a deadly weapon or a defensive weapon, within the 12 buildings of, on the grounds of, or on the school parking lot of a public or private 13 preschool, elementary, junior high, or secondary school, on a school bus while being 14 transported to or from school or a school-sponsored event, or while participating in a 15 school-sponsored event, except that a student may possess a deadly weapon, other 16 than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student 17 has obtained the prior permission of the chief administrative officer of the school or 18 district or the designee of the chief administrative officer for the possession. 19 * Sec. 6. AS 11.61.210(c) is amended to read: 20 (c) The provisions of (a)(7) of this section do not apply to a 21 (1) current or former peace officer who has not been convicted of a 22 felony, whether the peace officer is on or off duty; or 23 (2) an employee of a school or school district [ACTING WITHIN 24 THE SCOPE AND AUTHORITY OF THE OFFICER'S EMPLOYMENT]. 25 * Sec. 7. AS 11.61.220(a) is amended to read: 26 (a) A person commits the crime of misconduct involving weapons in the fifth 27 degree if the person 28 (1) is 18 [21] years of age or older and knowingly possesses a deadly 29 weapon, other than an ordinary pocket knife or a defensive weapon, 30 (A) that is concealed on the person, and, when requested 31 [CONTACTED] by a peace officer, the person fails to
01 (i) immediately inform the peace officer of that 02 possession; or 03 (ii) allow the peace officer to secure the deadly weapon, 04 or fails to secure the weapon at the direction of the peace officer, 05 during the duration of the contact; 06 (B) that is concealed on the person within the residence of 07 another person unless the person has first obtained the express permission of 08 an adult residing there to bring a concealed deadly weapon within the 09 residence; 10 (2) knowingly possesses a loaded firearm on the person in any place 11 where intoxicating liquor is sold for consumption on the premises; 12 (3) being an unemancipated minor under 16 years of age, possesses a 13 firearm, switchblade, or gravity knife without the consent of a parent or guardian of 14 the minor; 15 (4) knowingly possesses a firearm 16 (A) within the grounds of or on a parking lot immediately 17 adjacent to an entity, other than a private residence, licensed as a child care 18 facility under AS 47.32 or recognized by the federal government for the care of 19 children, except that a person 18 [21] years of age or older may possess an 20 unloaded firearm in the trunk of a motor vehicle or encased in a closed 21 container of a motor vehicle; 22 (B) within a 23 (i) courtroom or office of the Alaska Court System; or 24 (ii) courthouse that is occupied only by the Alaska 25 Court System and other justice-related agencies; or 26 (C) within a domestic violence or sexual assault shelter that 27 receives funding from the state; 28 (5) [REPEALED] 29 (6) is less than 18 [21] years of age and knowingly possesses a deadly 30 weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed 31 on the person.
01 * Sec. 8. AS 11.61.220(c) is amended to read: 02 (c) The provisions of (a)(2) and (4) of this section do not apply to a current or 03 former peace officer who has not been convicted of a felony, whether the peace 04 officer is on or off duty [ACTING WITHIN THE SCOPE AND AUTHORITY OF 05 THE OFFICER'S EMPLOYMENT]. 06 * Sec. 9. AS 11.61.220(g) is amended to read: 07 (g) The provisions of (a)(1) and (6) of this section do not apply to a 08 (1) current or former peace officer of this state or a municipality of 09 this state who has not been convicted of a felony, whether the peace officer is on 10 or off duty [ACTING WITHIN THE SCOPE AND AUTHORITY OF THE 11 OFFICER'S EMPLOYMENT]; 12 (2) peace officer employed by another state or a political subdivision 13 of another state who, at the time of the possession, is 14 (A) certified as a peace officer by the other state; and 15 (B) acting within the scope and authority of the officer's 16 employment; or 17 (3) current or former police officer of this state or a current or 18 former police officer or chief administrative officer of a municipality of this state who 19 has not been convicted of a felony; in this paragraph, "police officer" and "chief 20 administrative officer" have the meanings given in AS 18.65.290. 21 * Sec. 10. AS 11.61.220(d) is amended to read: 22 (d) In a prosecution under (a)(2) of this section, it is 23 (1) an affirmative defense that 24 (A) [REPEALED] 25 (B) the loaded firearm was a concealed handgun as defined in 26 AS 18.65.790; and 27 (C) the possession occurred at a place that serves any type of 28 food [DESIGNATED AS A RESTAURANT FOR THE PURPOSES OF 29 AS 04.16.049] and the defendant did not consume intoxicating liquor at the 30 place; 31 (2) a defense that the defendant, at the time of possession, was on
01 business premises [(A) OWNED BY OR LEASED BY THE DEFENDANT; OR (B)] 02 in the course of the defendant's employment for the owner or lessee of those premises. 03 * Sec. 11. AS 11.61.220 is amended by adding a new subsection to read: 04 (k) The provisions of 05 (1) (a)(2) of this section do not apply to the owner or an employee of 06 the business premises; 07 (2) (a)(4)(A) of this section do not apply to an employee of the child 08 care facility. 09 * Sec. 12. AS 11.81.900(b) is amended by adding a new paragraph to read: 10 (67) "defensive display of a firearm" includes 11 (A) openly wearing, carrying, or possessing a firearm; 12 (B) verbally informing another person of the possession of a 13 firearm; 14 (C) holding a firearm in a position that does not point the 15 firearm directly at another person; 16 (D) displaying a firearm to dissuade a threatening person; and 17 (E) warning another person of the availability of a firearm to 18 dissuade a threat by the other person. 19 * Sec. 13. AS 11.61.220(a)(1)(B) and 11.61.220(i) are repealed. 20 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. (a) AS 11.41.220(f), enacted by sec. 1 of this Act, 23 AS 11.41.230(c), enacted by sec. 2 of this Act, and AS 11.41.250(c), enacted by sec. 3 of this 24 Act, apply to offenses committed on or after the effective date of secs. 1 - 3 of this Act. 25 (b) AS 11.61.220(e), as amended by sec. 4 of this Act, AS 11.61.210(a), as amended 26 by sec. 5 of this Act, AS 11.61.210(c), as amended by sec. 6 of this Act, AS 11.61.220(a), as 27 amended by sec. 7 of this Act, AS 11.61.220(c), as amended by sec. 8 of this Act, 28 AS 11.61.220(g), as amended by sec. 9 of this Act, AS 11.61.220(d)(1)(C), as amended by 29 sec. 10 of this Act, and AS 11.61.220(k), enacted by sec. 11 of this Act, apply to offenses 30 committed before, on, or after the effective date of secs. 4 - 11 of this Act.