HB 485: "An Act relating to the storage of loaded firearms."
00HOUSE BILL NO. 485 01 "An Act relating to the storage of loaded firearms." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.61 is amended by adding new sections to read: 04 Sec. 11.61.260. CRIMINALLY NEGLIGENT STORAGE OF A FIREARM IN 05 THE FIRST DEGREE. (a) A person commits the crime of criminally negligent 06 storage of a firearm in the first degree if the person with criminal negligence keeps a 07 loaded firearm within premises under the person's custody or control and the person 08 knows or reasonably should know that a minor under the age of 16 is likely to gain 09 access to the firearm without the permission of the minor's parent or legal guardian, 10 a minor obtains the firearm, and death or serious physical injury to the minor or to 11 another person results from the minor's having obtained the firearm. 12 (b) For the purposes of this section, a firearm is loaded if the firing chamber, 13 magazine, clip, or cylinder of the firearm contains a cartridge. 14 (c) Criminally negligent storage of a firearm is a class A misdemeanor.
01 Sec. 11.61.270. CRIMINALLY NEGLIGENT STORAGE OF A FIREARM IN 02 THE SECOND DEGREE. (a) A person commits the crime of criminally negligent 03 storage of a firearm in the second degree if the person with criminal negligence keeps 04 a loaded firearm within premises under the person's custody or control and the person 05 knows or reasonably should know that a minor under the age of 16 is likely to gain 06 access to the firearm without the permission of the minor's parent or legal guardian, 07 a minor obtains the firearm, and 08 (1) the minor exhibits the firearm in a public place; 09 (2) the minor violates AS 11.41.220(a)(1) or AS 11.61.220(a)(4) as a 10 result of obtaining the firearm; or 11 (3) physical injury to the minor or to another person results from the 12 minor's having obtained the firearm. 13 (b) For purposes of this section, a firearm is loaded if the firing chamber, 14 magazine, clip, or cylinder of the firearm contains a cartridge. 15 (c) Criminally negligent storage of a firearm in the second degree is a class 16 B misdemeanor. 17 Sec. 11.61.280. DEFENSES TO CRIMINALLY NEGLIGENT STORAGE OF 18 A FIREARM; PROSECUTORIAL CONSIDERATION. (a) In a prosecution under 19 AS 11.61.260 or 11.61.270, it is a defense that 20 (1) the minor obtained the firearm as a result of an illegal entry to any 21 premises by the minor or another person; 22 (2) the firearm is kept in a locked container or in a location that a 23 reasonable person would believe to be secure; 24 (3) the firearm was equipped with a trigger lock, gun lock, or other 25 locking device that was engaged so that the firearm could not be fired; 26 (4) the firearm is carried on the person or within such close proximity 27 that the person can readily retrieve and use the firearm as if carried on the person; 28 (5) the minor obtains the firearm in a lawful act of self-defense or 29 defense of another person; or 30 (6) the physical injury, serious physical injury, or death resulted from 31 an accident that was incident to lawful target shooting, sport shooting, or hunting.
01 (b) The provisions of AS 11.61.260 or 11.61.270 do not apply to a peace 02 officer or member of the armed forces acting within the scope and authority of the 03 officer's or member's employment. 04 (c) In deciding whether to prosecute a person for violation of AS 11.61.260 05 or 11.61.270, the district attorney shall consider the effect the minor's injury or death 06 has on the person. 07 * Sec. 2. AS 12.25 is amended by adding a new section to read: 08 Sec. 12.25.015. ARREST OF PERSONS FOR CRIMINALLY NEGLIGENT 09 STORAGE OF FIREARMS. Notwithstanding any other provision of law, 10 (1) a peace officer may not arrest, nor may a court order the arrest of, 11 a person for violating AS 11.61.260 or 11.61.270 if the person is the parent or legal 12 guardian of a minor who is injured or killed after obtaining a firearm, until at least 13 seven days have elapsed from the date of the incident resulting in injury or death; 14 (2) before arresting a person for violating AS 11.61.260 or 11.61.270, 15 if the person is the parent or legal guardian of a minor that has suffered serious 16 physical injury, the peace officer shall consider the condition of the minor and the 17 need for the parent or legal guardian to be with the minor while the minor is on life-support equipment or is in a 18 similarly critical medical condition.