00 CS FOR SENATE BILL NO. 141(STA)                                                                                         
01 "An Act relating to permits to carry concealed handguns; and relating to the                                            
02 possession of firearms."                                                                                                
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 11.61.220(b) is amended to read:                                                                    
05  (b)  In a prosecution under (a)(1) of this section, it is an affirmative defense                                      
06 that the defendant, at the time of possession, was                                                                      
07   (1)  in the defendant's dwelling or on land owned or leased by the                                                   
08 defendant appurtenant to the dwelling;                                                                                  
09   (2)  actually engaged in lawful hunting, fishing, trapping, or other lawful                                          
10 outdoor activity that necessarily involves the carrying of a weapon for personal                                        
11 protection; [OR]                                                                                                        
12   (3)  the holder of a valid permit to carry a concealed handgun under                                                 
13 AS 18.65.700 - 18.65.790, the [DEADLY] weapon [CONCEALED] was a concealed                                             
14 handgun as defined in AS 18.65.790, and the possession did not occur in a                                               
01 municipality or established village in which the possession of concealed handguns is                                    
02 prohibited under AS 18.65.780 - 18.65.785; or                                                                          
03   (4)  lawfully able to carry a concealed handgun in public in the state                                               
04 where the defendant resides or was the holder of a valid permit to carry a                                              
05 concealed handgun issued by another state or a political subdivision of another                                         
06 state and                                                                                                               
07   (A)  the weapon was a concealed handgun as defined in                                                               
08 AS 18.65.790;                                                                                                           
09   (B)  the possession did not occur in a municipality or                                                              
10 established village in which the possession of concealed handguns is                                                    
11 prohibited under AS 18.65.780 - 18.65.785; and                                                                          
12   (C)  if applicable, the defendant was considered a permittee                                                        
13 under AS 18.65.748.                                                                                                    
14    * Sec. 2.  AS 11.61.220(d) is amended to read:                                                                       
15  (d)  In a prosecution under (a)(2) of this section, it is                                                             
16   (1)  an affirmative defense that                                                                                    
17   (A)  the defendant, at the time of possession, was                                                                  
18   (i)  the holder of a valid permit to carry a concealed                                                             
19 handgun under AS 18.65.700 - 18.65.790 or under the law of                                                              
20 another state or a political subdivision of another state; or                                                           
21   (ii)  lawfully able to carry a concealed handgun in                                                                
22 public in the state where the defendant resides;                                                                        
23   (B)  the loaded firearm was a concealed handgun as defined                                                          
24 in AS 18.65.790;                                                                                                        
25   (C)  the possession occurred at a place designated as a                                                             
26 restaurant for the purposes of AS 04.16.049;                                                                            
27   (D)  the possession did not occur in a municipality or                                                              
28 established village in which the possession of concealed handguns is                                                    
29 prohibited under AS 18.65.780 - 18.65.785; and                                                                          
30   (E)  if applicable, the defendant was considered a permittee                                                        
31 under AS 18.65.748;                                                                                                     
01   (2)  a defense that the defendant, at the time of possession, was on                                               
02 business premises                                                                                                      
03   (A) [(1) ON BUSINESS PREMISES] owned by or leased by the                                                          
04 defendant; or                                                                                                           
05   (B) [(2) ON BUSINESS PREMISES] in the course of the                                                               
06 defendant's employment for the owner or lessee of those premises.                                                       
07    * Sec. 3.  AS 18.65.700(a) is amended to read:                                                                       
08  (a)  The department shall issue a permit to carry a concealed handgun to a                                            
09 person who                                                                                                              
10   (1)  applies in person at an office of the Alaska State Troopers;                                                    
11   (2)  qualifies under AS 18.65.705;                                                                                   
12   (3)  submits a completed application on a form provided by the                                                       
13 department, that provides the information required under AS 18.65.705 and 18.65.710                                     
14 and is executed under oath; with each application form provided by the                                                 
15 department, the department shall provide a copy of the state laws and regulations                                       
16 relating to concealed handguns;                                                                                        
17   (4)  submits two complete sets of fingerprints on Federal Bureau of                                                  
18 Investigation approved fingerprint cards that are of sufficient quality so that the                                     
19 fingerprints may be processed; the fingerprints must be taken by a person, group, or                                    
20 agency approved by the department; the department shall maintain a list of persons,                                     
21 groups, or agencies approved to take fingerprints and shall provide the list to the                                     
22 public upon request;                                                                                                    
23   (5)  submits evidence of competence with handguns as provided in                                                     
24 AS 18.65.715;                                                                                                           
25   (6)  provides two frontal view color photographs of the person taken                                                 
26 within the preceding 30 days that include the head and shoulders of the person and are                                  
27 of a size specified by the department;                                                                                  
28   (7)  shows a valid Alaska driver's license or identification card at the                                             
29 time of application;                                                                                                    
30   (8)  does not suffer a physical infirmity that prevents the safe handling                                            
31 of a handgun; and                                                                                                       
01   (9)  pays the application fee required by AS 18.65.720.                                                              
02    * Sec. 4.  AS 18.65.700(b) is amended to read:                                                                       
03  (b)  The department shall either approve or reject an application for a permit                                        
04 to carry a concealed handgun under (a) of this section within 15 days of receipt of                                     
05 [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF                                                              
06 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A                                                                       
07 DETERMINATION CONCERNING] the application.  If the department has not                                                  
08 received necessary fingerprint eligibility information from another agency by the                                       
09 end of this 15-day period, and the applicant is otherwise eligible, the department                                      
10 shall issue a conditional permit to the applicant subject to immediate revocation                                       
11 under the procedure provided in AS 18.65.740(a) - (c) if the fingerprint                                                
12 information subsequently discloses that the applicant is ineligible for a permit                                       
13 [THE DEPARTMENT SHALL REQUEST PERMIT ELIGIBILITY INFORMATION                                                            
14 UNDER THIS SUBSECTION WITHIN FIVE DAYS OF THE RECEIPT OF THE                                                            
15 APPLICATION].  The department shall notify the applicant in writing of the reason                                       
16 for a rejection.                                                                                                        
17    * Sec. 5.  AS 18.65.705 is repealed and reenacted to read:                                                           
18  Sec. 18.65.705.  Qualifications to obtain a permit.  A person is qualified to                                         
19 receive and hold a permit to carry a concealed handgun if the person                                                    
20   (1)  is 21 years of age or older;                                                                                    
21   (2)  is eligible to own or possess a handgun under the laws of this state                                            
22 and under federal law;                                                                                                  
23   (3)  is a resident of the state and has been for the 90 days immediately                                             
24 preceding the application for a permit; and                                                                             
25   (4)  has demonstrated competence with handguns as provided in                                                        
26 AS 18.65.715.                                                                                                           
27    * Sec. 6.  AS 18.65.710(a)(3) is amended to read:                                                                    
28   (3)  a statement that the applicant has been furnished with a copy of the                                           
29 state laws and regulations relating to concealed handguns [AS 18.65.700 -                                              
30 18.65.790], has read those sections, and understands them;                                                              
31    * Sec. 7.  AS 18.65.720 is amended to read:                                                                          
01  Sec. 18.65.720.  Fees.  The department shall charge a nonrefundable fee for the                                       
02 processing of the application for and initial issuance of a permit, renewal of a permit,                                
03 or replacement of a permit. The fees shall be set by regulation and must be based on                                    
04 the actual costs incurred by the department. However, the fee for the processing of an                                  
05 application and initial issuance of a permit may not exceed $99 [$125] and the fee for                                
06 renewal of a permit or replacement of a permit may not exceed $30 [$60].                                              
07    * Sec. 8.  AS 18.65.735(a) is repealed and reenacted to read:                                                        
08  (a)  The department shall immediately suspend a permit to carry a concealed                                           
09 handgun if a permittee becomes ineligible to hold a permit under AS 18.65.705.                                          
10    * Sec. 9.  AS 18.65 is amended by adding a new section to read:                                                      
11  Sec. 18.65.748.  Permit holders from other jurisdictions considered Alaska                                            
12 permit holders.  A person holding a permit to carry a concealed handgun from                                            
13 another state or a political subdivision of another state or who may lawfully carry a                                   
14 concealed handgun in public in the state where the person resides is a permittee under                                  
15 AS 18.65.700(b) for purposes of AS 18.65.750 - 18.65.765 if the person                                                  
16   (1)  has not been in Alaska for more than 90 consecutive days; or                                                    
17   (2)  has informed the Department of Public Safety of the person's                                                    
18 presence in the state and address within the state and of the jurisdiction issuing the                                  
19 person's permit.                                                                                                        
20    * Sec. 10.  AS 18.65.755(a) is repealed and reenacted to read:                                                       
21  (a)  A permittee may not possess a concealed handgun anywhere a person is                                             
22 prohibited from possessing a handgun under state or federal law.                                                        
23    * Sec. 11.  AS 18.65.790(3) is amended to read:                                                                      
24   (3)  "concealed handgun" means a firearm, that is a pistol or a revolver,                                            
25 and that is covered or enclosed in any manner so that an observer cannot determine                                      
26 that it is a handgun without removing it from that which covers or encloses it or                                       
27 without opening, lifting, or removing that which covers or encloses it; however,                                        
28 "concealed handgun" does not include a shotgun, rifle, [DERRINGER OR OTHER                                              
29 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200                                                
30 [; IN THIS PARAGRAPH,                                                                                                   
31     (A)  "DERRINGER" MEANS A HANDGUN THAT HAS                                                                         
01 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF                                                                  
02 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER                                                                     
03 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH                                                                   
04 IS PART OF THE FRAME; AND                                                                                               
05     (B)  "MINIATURE HANDGUN" MEANS A HANDGUN                                                                          
06 THAT HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES                                                                   
07 OR LESS AND LACKS A MANUFACTURER'S INSTALLED TRIGGER                                                                    
08 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH                                                                   
09 IS PART OF THE FRAME];                                                                                                  
10    * Sec. 12.  AS 18.65.715(b), 18.65.725(a)(3), 18.65.740(a)(2), and 18.65.755(b) - (c) are                            
11 repealed.