CSHB 417(JUD) AM: "An Act relating to the possession of weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; and relating to school lockers and other containers provided in a public or private school by the school or the school district."
00CS FOR HOUSE BILL NO. 417(JUD) am 01 "An Act relating to the possession of weapons within the grounds of or on the 02 parking lot of preschools, elementary, junior high, and secondary schools or while 03 participating in a school-sponsored event; and relating to school lockers and other 04 containers provided in a public or private school by the school or the school 05 district." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 11.61.210(a) is amended to read: 08 (a) A person commits the crime of misconduct involving weapons in the fourth 09 degree if the person 10 (1) possesses on the person, or in the interior of a vehicle in which the 11 person is present, a firearm when the person's physical or mental condition is impaired 12 as a result of the introduction of an intoxicating liquor or a controlled substance into 13 the person's body in circumstances other than described in AS 11.61.200(a)(7); 14 (2) discharges a firearm from, on, or across a highway;
01 (3) discharges a firearm with reckless disregard for a risk of damage 02 to property or a risk of physical injury to a person; 03 (4) manufactures, possesses, transports, sells, or transfers metal 04 knuckles; 05 (5) manufactures, sells, or transfers a switchblade or a gravity knife; 06 [OR] 07 (6) knowingly sells a firearm or a defensive weapon to a person under 08 18 years of age; or 09 (7) knowingly possesses a deadly weapon or a defensive weapon, 10 without the permission of the chief administrative officer of the school or district 11 or the designee of the chief administrative officer, within the grounds of or on the 12 parking lot immediately adjacent to a public or private preschool, elementary, 13 junior high, or secondary school or while participating in a school-sponsored 14 event, except that a person 21 years of age or older may possess a 15 (A) deadly weapon other than a loaded firearm in the trunk 16 of a motor vehicle or encased in a closed container in a motor vehicle; 17 (B) defensive weapon; 18 (C) firearm that is unloaded and is possessed by an 19 individual while traversing school premises for the purpose of gaining 20 access to public or private lands open to hunting. 21 * Sec. 2. AS 11.61.210 is amended by adding a new subsection to read: 22 (d) The provisions of (a)(7) of this section do not apply to a peace officer 23 acting within the scope and authority of the officer's employment. 24 * Sec. 3. AS 11.61.220(a) is amended to read: 25 (a) A person commits the crime of misconduct involving weapons in the fifth 26 degree if the person 27 (1) knowingly possesses a deadly weapon, other than an ordinary 28 pocket knife or a defensive weapon, that is concealed on the person; 29 (2) knowingly possesses a loaded firearm on the person in any place 30 where intoxicating liquor is sold for consumption on the premises; 31 (3) being an unemancipated minor under 16 years of age, possesses a
01 firearm without the consent of a parent or guardian of the minor; 02 (4) knowingly possesses a firearm 03 [(A) OR A DEFENSIVE WEAPON WITHIN THE GROUNDS 04 OF OR ON A PARKING LOT IMMEDIATELY ADJACENT TO A PUBLIC 05 OR PRIVATE PRESCHOOL, ELEMENTARY, JUNIOR HIGH, OR 06 SECONDARY SCHOOL WITHOUT THE PERMISSION OF THE CHIEF 07 ADMINISTRATIVE OFFICER OF THE SCHOOL OR DISTRICT OR THE 08 DESIGNEE OF THE CHIEF ADMINISTRATIVE OFFICER, EXCEPT THAT 09 A PERSON 21 YEARS OF AGE OR OLDER MAY POSSESS 10 (i) AN UNLOADED FIREARM IN THE TRUNK OF 11 A MOTOR VEHICLE OR ENCASED IN A CLOSED CONTAINER 12 IN A MOTOR VEHICLE; 13 (ii) A DEFENSIVE WEAPON; OR 14 (B)] within the grounds of or on a parking lot immediately 15 adjacent to a center, other than a private residence, licensed under 16 AS 47.35.010 - 47.35.075 or recognized by the federal government for the care 17 of children; or 18 (5) possesses or transports a switchblade or a gravity knife. 19 * Sec. 4. AS 14.03 is amended by adding a new section to read: 20 Sec. 14.03.105. SCHOOL LOCKERS. (a) Subject to (b) of this section, a 21 locker or other container provided in a school by the school or the school district may 22 be searched and examined with the permission of the chief administrative officer of 23 the school or the school district or the designee of the chief administrative officer to 24 determine compliance with school regulations, school district regulations, and local, 25 state, and federal laws. 26 (b) Notices in letters at least two inches high stating the right and the intention 27 of school and school district officers to permit searches and examinations under (a) of 28 this section shall be posted in prominent locations throughout a school. 29 (c) Nothing in this section limits the ability of a peace officer, chief 30 administrative officer, or other appropriate person, acting in compliance with local, 31 state, or federal laws, to search a locker or other container provided in a public or
01 private school by the school district. 02 * Sec. 5. AS 14.45 is amended by adding a new section to article 3 to read: 03 Sec. 14.45.190. SCHOOL LOCKERS. A private school may search school 04 lockers and other containers as provided in AS 14.03.105.