00                            HOUSE BILL NO. 298                                                                          
01 "An Act establishing liability for injuries relating to the prohibition of firearms."                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 09.50.250 is amended by adding a new subsection to read:                                           
04            (b) Notwithstanding (a) of this section, a person may bring an action against                                
05       the state if the claim arises under AS 09.55.655.                                                                 
06    * Sec. 2. AS 09.55 is amended by adding a new section to article 9 to read:                                        
07 Sec. 09.55.655. Claims against property owner for firearm ban. (a) A                                                  
08 person who may lawfully carry a firearm and who, as the result of conduct occurring                                     
09 on property with a posted written notice prohibiting firearms, is injured, suffers bodily                               
10 injury or death, or incurs economic loss or expense, property damage, or any other                                      
11 compensable loss that could have been avoided by carrying a firearm may bring a civil                                   
12 cause of action against the owner or entity that exercises control over the property on                                 
13 which the written notice was posted. In addition to any other damages authorized by                                     
14 law, the person may be awarded reasonable attorney fees, expert witness costs, and                                      
15       other costs necessary to bring the action.                                                                        

01            (b)  To prevail in an action brought under this section, a person must show by a                             
02       preponderance of the evidence that                                                                                
03                 (1)  the person owned a firearm and was legally authorized to carry a                                   
04       firearm at the time of the incident giving rise to the action;                                                    
05                 (2)  the person did not carry a firearm on the property where the                                       
06       incident occurred because written notice prohibiting firearms was posted;                                         
07                 (3)  the property owner or entity exercising control over the property                                  
08       was not required by state or federal law to post the notice but posted the notice by                              
09       choice; and                                                                                                       
10 (4)  the injury, death, economic loss or expense, property damage, or                                                   
11 other compensable loss was caused as a result of conduct that occurred on the property                                  
12 and would have been avoided if the written notice had not prevented the person from                                     
13       carrying a firearm onto the property.                                                                             
14 (c)  An action brought under this section must be commenced within two years                                            
15 after the date of the occurrence of the conduct that gave rise to the damages for which                                 
16       the action is bought.                                                                                             
17 (d)  A property owner or entity that exercises control over a property is not                                           
18 liable under this section if the property owner or entity takes reasonable measures to                                  
19       ensure the safety and defense of unarmed persons located on the property.                                         
20            (e)  In this section, "firearm" has the meaning given in AS 11.81.900.                                       
21    * Sec. 3. AS 09.65.070 is amended by adding a new subsection to read:                                              
22 (f)  Notwithstanding (d)(2) or (4) of this section, a person may bring an action                                        
23 against a municipality or its agents, officers, or employees if the claim arises under                                  
24       AS 09.55.655.