00                      CS FOR SENATE BILL NO. 136(CRA)                                                                    
01 "An Act relating to firearms and other weapons restrictions."                                                           
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 44.99 is amended by adding new sections to article 5 to read:                                        
04 Sec. 44.99.510. Infringements on the right to keep and bear arms; disaster.                                             
05 (a) During a disaster emergency declared under AS 26.23.020, the governor, a state                                      
06 agency, or a municipality may not issue or adopt an order, proclamation, regulation,                                    
07       ordinance, or policy                                                                                              
08                 (1)  forbidding the possession, use, or transfer of a firearm, a firearm                                
09       accessory, ammunition, or other weapon for personal use;                                                          
10                 (2)  ordering the seizure or confiscation of a firearm, a firearm                                       
11       accessory, ammunition, or other weapon for personal use;                                                          
12                 (3)  limiting the quantity or placing other restrictions on the sale or                                 
13       service of firearms, firearm accessories, ammunition, or other weapons for personal                               
14       use;                                                                                                              
15                 (4)  unless the closure or limitation applies equally to all forms of                                   
01       commerce within the jurisdiction, closing or limiting the operating hours of                                      
02                      (A)  an entity engaged in the sale or service of firearms, firearm                                 
03            accessories, ammunition, or other weapons for personal use; or                                               
04                      (B)  an indoor or outdoor shooting range;                                                          
05                 (5)  suspending or revoking a permit to carry a concealed handgun                                       
06       issued under AS 18.65.700, except as provided in AS 18.65.735 and 18.65.740; or                                   
07                 (6)  refusing to accept an application to carry a concealed handgun,                                    
08       provided the application contains the information required under AS 18.65.710.                                    
09            (b)  This section does not apply to the possession of a firearm, a firearm                                   
10 accessory, ammunition, or other weapon by a person who is prohibited from legally                                       
11 possessing a firearm, a firearm accessory, ammunition, or other weapon under state                                      
12       law.                                                                                                              
13 (c)  A person may bring a civil action in superior court if the person is                                               
14       adversely affected by a violation of (a) of this section, and the person is                                       
15 (1)  qualified under state law to possess a firearm, a firearm accessory,                                               
16       ammunition, or other weapon; or                                                                                   
17 (2)  a membership organization consisting of two or more individuals                                                    
18 eligible under (1) of this subsection that is dedicated in whole or in part to the                                      
19       protection of the rights of persons who possess or use firearms or other weapons.                                 
20 (d)  Notwithstanding AS 09.17.020(f) - (h), a prevailing plaintiff under (c) of                                         
21       this section may recover                                                                                          
22 (1)  the greater amount of actual economic damages or punitive                                                          
23       damages in the amount of three times the plaintiff's attorney fees;                                               
24                 (2)  court costs; and                                                                                   
25                 (3)  attorney fees.                                                                                     
26            Sec. 44.99.595. Definitions. In AS 44.99.500 - 44.99.510,                                                    
27                 (1)  "firearm" has the meaning given in AS 11.81.900;                                                   
28 (2)  "firearm accessory" means an item that is used in conjunction with                                                 
29 or mounted on a firearm but is not essential to the basic function of a firearm,                                        
30 including a telescopic or laser sight, magazine, flash or sound suppressor, folding or                                  
31 aftermarket stock and grip, speedloader, ammunition carrier, and light for target                                       
01       illumination.                                                                                                     
02    * Sec. 2. AS 44.99.500(g)(1) is repealed.