HB 338: "An Act relating to permits to carry concealed handguns."

00HOUSE BILL NO. 338 01 "An Act relating to permits to carry concealed handguns." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.65.700(a) is amended to read: 04  (a) The department shall issue a permit to carry a concealed handgun to a 05 person who 06  (1) applies in person at an office of the Alaska State Troopers; 07  (2) qualifies under AS 18.65.705; 08  (3) submits a completed application on a form provided by the 09 department, that provides the information required under AS 18.65.705 and 18.65.710 10 and is executed under oath; with each application form provided by the 11 department, the department shall provide a copy of the state laws and regulations 12 relating to firearms; 13  (4) [SUBMITS TWO COMPLETE SETS OF FINGERPRINTS ON 14 FEDERAL BUREAU OF INVESTIGATION APPROVED FINGERPRINT CARDS

01 THAT ARE OF SUFFICIENT QUALITY SO THAT THE FINGERPRINTS MAY BE 02 PROCESSED; THE FINGERPRINTS MUST BE TAKEN BY A PERSON, GROUP, 03 OR AGENCY APPROVED BY THE DEPARTMENT; THE DEPARTMENT SHALL 04 MAINTAIN A LIST OF PERSONS, GROUPS, OR AGENCIES APPROVED TO 05 TAKE FINGERPRINTS AND SHALL PROVIDE THE LIST TO THE PUBLIC 06 UPON REQUEST; 07  (5)] submits evidence of competence with handguns as provided in 08 AS 18.65.715; 09  (5) [(6)] provides two frontal view color photographs of the person 10 taken within the preceding 30 days that include the head and shoulders of the person 11 and are of a size specified by the department; 12  (6) [(7)] shows a valid Alaska driver's license or identification card at 13 the time of application; 14  (7) [(8)] does not suffer a physical infirmity that prevents the safe 15 handling of a handgun; [AND] 16  (8) [(9)] pays the application fee required by AS 18.65.720; and 17  (9) submits to a criminal background record check conducted of 18 available state and federal databases. 19 * Sec. 2. AS 18.65.700(b) is amended to read: 20  (b) The department shall either approve or reject an application for a permit 21 to carry a concealed handgun under (a) of this section within 30 [15] days of receipt 22 of [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 23 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 24 DETERMINATION CONCERNING] the application. [THE DEPARTMENT SHALL 25 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION 26 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.] The department 27 shall notify the applicant in writing of the reason for a rejection. 28 * Sec. 3. AS 18.65.700(d) is amended to read: 29  (d) A permit issued under (a) of this section is valid for five years from the 30 date of issue. [THE PERMIT MUST SPECIFY THE ACTION TYPES AND 31 MAXIMUM CALIBERS OF HANDGUN DESCRIBED IN THE PERMITTEE'S

01 CERTIFICATE OF COMPETENCY UNDER AS 18.65.715 BUT MAY NOT 02 SPECIFICALLY IDENTIFY A HANDGUN BY MAKE, MODEL, OR SERIAL 03 NUMBER.] 04 * Sec. 4. AS 18.65.705(4) is amended to read: 05  (4) has not been convicted, within the five years immediately preceding 06 the application, of, and is not currently charged under a complaint, information, 07 indictment, or presentment with, any of the following misdemeanor offenses or similar 08 laws of another jurisdiction: 09  (A) AS 11.41.230, 11.41.250, 11.41.270; 10  (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 11  (C) AS 11.51.130; 12  (D) AS 11.56.330, 11.56.350, 11.56.380, 11.56.545, 11.56.700, 13 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 11.56.805; 14  (E) AS 11.61.110(a)(5) [AS 11.61.110], 11.61.120, 11.61.210, 15 11.61.220, 11.61.240; or 16  (F) AS 11.71.050, 11.71.060; 17 * Sec. 5. AS 18.65.705(9) is amended to read: 18  (9) is a resident of the state and has been for the 90 days [ONE 19 YEAR] immediately preceding the application for a permit; 20 * Sec. 6. AS 18.65.710(a)(3) is amended to read: 21  (3) a statement that the applicant has been furnished with a copy of the 22 state laws and regulations relating to firearms [AS 18.65.700 - 18.65.790], has read 23 those sections, and understands them; 24 * Sec. 7. AS 18.65.715(a) is repealed and reenacted to read: 25  (a) An applicant for a permit to carry a concealed handgun demonstrates 26 competence with a handgun by one of the following: 27  (1) successful completion of a 28  (A) hunter or firearms education course or hunter or firearms 29 safety course approved by the Department of Fish and Game, the Department 30 of Public Safety, or similar agencies of another state; 31  (B) National Rifle Association firearms safety or training

01 course; 02  (C) firearms safety or training course or class available to the 03 general public offered by a law enforcement, university or college, or private 04 or public institution or organization or firearms training school utilizing 05 instructors certified by the National Rifle Association or the Alaska Department 06 of Public Safety; 07  (D) law enforcement firearms safety or training course or class 08 offered for security guards, investigators, or a division or subdivision of a law 09 enforcement or security enforcement; 10  (E) firearms safety or training course or class conducted by a 11 state certified or National Rifle Association certified firearms instructor; 12  (2) presentation of evidence of experience with a handgun, equivalent 13 to any of the courses or classes in (1) of this subsection, through participation in 14 organized shooting competition or miliary service; 15  (3) presentation of evidence that the applicant is licensed or has been 16 licensed to carry a handgun in this state, unless the license has been revoked for cause. 17 * Sec. 8. AS 18.65.720 is amended to read: 18  Sec. 18.65.720. FEES. The department shall charge a nonrefundable fee for 19 the processing of the application for and initial issuance of a permit, renewal of a 20 permit, or replacement of a permit. The fees shall be set by regulation and must be 21 based on the actual costs incurred by the department. However, the fee for the 22 processing of an application and initial issuance of a permit may not exceed $65 23 [$125] and the fee for renewal of a permit or replacement of a permit may not exceed 24 $30 [$60]. 25 * Sec. 9. AS 18.65.755(a) is amended to read: 26  (a) A permittee may not carry a concealed handgun into 27  (1) a law enforcement or correctional facility; 28  (2) or on school grounds or a school bus; in this paragraph, "school 29 grounds" has the meaning given in AS 11.71.900; 30  (3) a courthouse or a courtroom of this state, unless the permittee 31  (A) is a judge; or

01  (B) has been authorized to possess a concealed handgun by a 02 judge presiding at that courthouse or courtroom; 03  (4) a building housing only state or federal offices or the offices of a 04 political subdivision of the state, except as authorized under (3) of this subsection; 05  (5) an office of the state, federal government, or of a political 06 subdivision of the state; if the office is [THAT IS NOT] located in a building not 07 described in (4) of this subsection, the concealed handgun may be carried in the 08 building outside of the government offices described in this paragraph except as 09 the carrying may otherwise be prohibited in this subsection; 10  (6) a passenger loading or unloading area within [OF] an airline 11 terminal; 12  (7) a vessel of the Alaska marine highway system; 13  (8) a facility providing services to victims of domestic violence or 14 sexual assault; 15  (9) a residence where notice that carrying a concealed handgun is 16 prohibited has been given by the posting of a conspicuous notice or by oral statement 17 by the resident to the permittee; 18  (10) an official board or executive [A] meeting of a business, 19 charitable, or other organization or entity where notice that carrying a concealed 20 handgun is prohibited has been given by the posting of conspicuous notice; 21  (11) a financial institution; in this paragraph, "financial institution" 22 means a bank, savings bank, savings association, credit union, or other institution 23 regulated by the Department of Commerce and Economic Development under AS 06; 24  (12) another place where the possession of a deadly weapon or firearm 25 is prohibited by law; or 26  (13) a municipality or established village that has prohibited the 27 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785. 28 * Sec. 10. AS 18.65.715(c), 18.65.725(b), 18.65.725(c), 18.65.730(2), 18.65.765(a)(4), and 29 18.65.790(2) are repealed.