Legislature(1997 - 1998)
1998-01-26 Senate Journal
Full Journal pdf1998-01-26 Senate Journal Page 2301 SB 214 SENATE BILL NO. 214 An Act relating to the possession of a concealed deadly weapon by peace officers and chief administrative officers of local police departments; to the definition of police officer as it is defined for police standards; and providing for an effective date was read the second time. Senator Green, Chair, moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 2250. Without objection, CS FOR SENATE BILL NO. 214(STA) An Act relating to the possession of a concealed deadly weapon by peace officers and by chief administrative officers of municipal police departments; relating to the definition of police officer; and providing for an effective date was adopted and read the second time. Senator Adams offered Amendment No. 1 : Page 1, line 1, following "peace officers": Insert "and police officers" Page 1, line 3: Delete "definition of police officer" Insert "qualifications to receive and hold a concealed handgun permit" Page 2, line 5: Delete "municipal ªLOCALß" Insert "local" 1998-01-26 Senate Journal Page 2302 SB 214 Page 2, following line 17: Insert a new bill section to read: "* Sec. 3. AS18.65.705 as repealed and reenacted by ch. 1, sec. 12, SLA 1998, is amended to read: Sec. 18.65.705. Qualifications to obtain a permit. A person is qualified to receive and hold a permit to carry a concealed handgun if the person (1) is 21 years of age or older; (2) is eligible to own or possess a handgun under the laws of this state and under federal law; (3) is a resident of the state and has been for the 90 days immediately preceding the application for a permit; (4) has not been convicted of two or more class A misdemeanors of this state or similar laws of another jurisdiction within the six years immediately preceding the application; (5) is not now in and has not in the three years immediately preceding the application been ordered by a court to complete an alcohol or substance abuse treatment program; ªANDß (6) has demonstrated competence with handguns as provided in AS18.65.715; and (7) is not now the respondent in a protective order under AS18.66.100 -18.66.180 unless the protective order has been dissolved or has expired." Renumber the following bill section accordingly. Senator Adams moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1998-01-26 Senate Journal Page 2303 SB 214 CSSB 214(STA) Second Reading Amendment No. 1 YEAS: 3 NAYS: 13 EXCUSED: 4 ABSENT: 0 Yeas: Adams, Lincoln, Phillips Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Duncan, Ellis, Hoffman, Parnell and so, Amendment No. 1 failed. Senator Lincoln offered Amendment No. 2 : Page 1, line 1, following "peace officers": Insert "and police officers" Page 1, line 3: Delete "definition of police officer" Insert "qualifications to receive and hold a concealed handgun permit" Page 2, line 5: Delete "municipal ªLOCALß" Insert "local" Page 2, following line 17: Insert a new bill section to read: "* Sec. 3. AS18.65.705 as repealed and reenacted by ch. 1, sec. 12, SLA 1998, is amended to read: Sec. 18.65.705. Qualifications to obtain a permit. A person is qualified to receive and hold a permit to carry a concealed handgun if the person (1) is 21 years of age or older; (2) is eligible to own or possess a handgun under the laws of this state and under federal law; 1998-01-26 Senate Journal Page 2304 SB 214 (3) is a resident of the state and has been for the 90 days immediately preceding the application for a permit; (4) has not been convicted of two or more class A misdemeanors of this state or similar laws of another jurisdiction within the six years immediately preceding the application; (5) is not now in and has not in the three years immediately preceding the application been ordered by a court to complete an alcohol or substance abuse treatment program; ªANDß (6) has demonstrated competence with handguns as provided in AS18.65.715; and (7) has not, within the five years immediately preceding the application, been convicted of and is not currently charged under a complaint, information, or indictment with any of the following misdemeanor offenses or similar laws of another jurisdiction: (A) a crime involving domestic violence as defined in AS18.66.990; (B) stalking in the second degree under AS11.41.270." Renumber the following bill section accordingly. Senator Lincoln moved for the adoption of Amendment No. 2. Senator Halford objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 214(STA) Second Reading Amendment No. 2 YEAS: 2 NAYS: 14 EXCUSED: 4 ABSENT: 0 Yeas: Adams, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Duncan, Ellis, Hoffman, Parnell 1998-01-26 Senate Journal Page 2305 SB 214 and so, Amendment No. 2 failed. Amendment No. 3 was not offered. Senator Lincoln offered Amendment No. 4 : Page 1, line 1, following "peace officers": Insert "and police officers" Page 1, line 3: Delete "definition of police officer" Insert "possession of firearms within facilities providing services to victims of domestic violence or sexual assault" Page 1, following line 4: Insert a new bill section to read: "* Section 1. AS 11.61.220(a), as amended by ch. 1, sec. 4, SLA 1998, is amended to read: (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person (1) knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person; (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (3) being an unemancipated minor under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor; (4) knowingly possesses a firearm (A) within the grounds of or on a parking lot immediately adjacent to a center, other than a private residence, licensed under AS47.33 or AS47.35 or recognized by the federal government for the care of children; ªORß 1998-01-26 Senate Journal Page 2306 SB 214 (B) within a (i) courtroom or office of the Alaska Court System; or (ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; (C) within a facility providing services to victims of domestic violence or sexual assault that receives funding from the state or (5) possesses or transports a switchblade or a gravity knife." Page 1, line 5: Delete "Section 1." Insert "Sec. 2." Renumber the following bill sections accordingly. Page 2, line 5: Delete "municipal ªLOCALß" Insert "local" Senator Lincoln moved for the adoption of Amendment No. 4. Senator Green objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSSB 214(STA) Second Reading Amendment No. 4 YEAS: 2 NAYS: 14 EXCUSED: 4 ABSENT: 0 Yeas: Adams, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Duncan, Ellis, Hoffman, Parnell 1998-01-26 Senate Journal Page 2307 SB 214 and so, Amendment No. 4 failed. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSSB 214(STA) Advance from Second to Third Reading? YEAS: 14 NAYS: 2 EXCUSED: 4 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Lincoln Excused: Duncan, Ellis, Hoffman, Parnell and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 214(STA) will appear on the January 27 calendar.