CSSB 177(FIN) AM: "An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries."
00CS FOR SENATE BILL NO. 177(FIN) am 01 "An Act relating to permits to carry concealed handguns; and relating to 02 possession of firearms on state ferries." 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 handgun as 14 defined in AS 18.65.790, and the possession did not occur in a municipality or
01 established village in which the possession of concealed handguns is prohibited under 02 AS 18.65.780 - 18.65.785; or 03 (4) the holder of a valid permit to carry a concealed handgun 04 issued by another state if the state that issued the permit allows persons holding 05 permits issued under AS 18.65.700 - 18.65.790 to carry a concealed handgun in 06 that state as determined by the Department of Public Safety, and 07 (A) the deadly weapon concealed was a concealed handgun 08 as defined in AS 18.65.790; and 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. 12 * Sec. 2. AS 11.61.220(d) is amended to read: 13 (d) In a prosecution under (a)(2) of this section, it is 14 (1) an affirmative defense that the defendant, at the time of 15 possession, was the holder of a valid permit to carry a concealed handgun under 16 AS 18.65.700 - 18.65.790, the loaded firearm was a concealed handgun as defined 17 in AS 18.65.790, the defendant did not consume an intoxicating liquor at the place 18 where the possession occurred and did not have more than 0.04 percent by weight 19 of alcohol in the person's blood, more than 40 milligrams of alcohol per 100 20 milligrams of blood, or more than 0.04 grams of alcohol per 210 liters of the 21 person's breath, as determined by a chemical test taken within four hours after 22 the offense was committed, and the possession did not occur in a municipality or 23 established village in which the possession of concealed handguns is prohibited 24 under AS 18.65.780 - 18.65.785; 25 (2) a defense that the defendant, at the time of possession, was on 26 business premises 27 (A) [(1) ON BUSINESS PREMISES] owned by or leased by 28 the defendant; or 29 (B) [(2) ON BUSINESS PREMISES] in the course of the 30 defendant's employment for the owner or lessee of those premises. 31 * Sec. 3. AS 11.61.220 is amended by adding a new subsection to read:
01 (h) When the holder of a valid permit to carry a concealed handgun under 02 AS 18.65.700 - 18.65.790 is charged by a peace officer or arrested for violating (a)(2) 03 of this section, the holder may request the peace officer to conduct a blood or breath 04 test, at the expense of the holder, to determine the holder's blood alcohol level for use 05 under (d)(1) of this section. 06 * Sec. 4. AS 18.65.700(a) is amended to read: 07 (a) The department shall issue a permit to carry a concealed handgun to a person 08 who 09 (1) applies in person at an office of the Alaska State Troopers; 10 (2) qualifies under AS 18.65.705; 11 (3) submits a completed application on a form provided by the 12 department, that provides the information required under AS 18.65.705 and 18.65.710 13 and is executed under oath; with each application form provided by the department, 14 the department shall provide a copy of the state laws and regulations relating to 15 concealed handguns; 16 (4) submits two complete sets of fingerprints on Federal Bureau of 17 Investigation approved fingerprint cards that are of sufficient quality so that the 18 fingerprints may be processed; the fingerprints must be taken by a person, group, or 19 agency approved by the department; the department shall maintain a list of persons, 20 groups, or agencies approved to take fingerprints and shall provide the list to the public 21 upon request; 22 (5) submits evidence of competence with handguns as provided in 23 AS 18.65.715; 24 (6) provides two frontal view color photographs of the person taken 25 within the preceding 30 days that include the head and shoulders of the person and are 26 of a size specified by the department; 27 (7) shows a valid Alaska driver's license or identification card at the time 28 of application; 29 (8) does not suffer a physical infirmity that prevents the safe handling 30 of a handgun; and 31 (9) pays the application fee required by AS 18.65.720.
01 * Sec. 5. AS 18.65.700(b) is amended to read: 02 (b) The department shall either approve or reject an application for a permit to 03 carry a concealed handgun under (a) of this section within 30 [15] days of receipt of 04 [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 05 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 06 DETERMINATION CONCERNING] the application. [THE DEPARTMENT SHALL 07 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION 08 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.] The department 09 shall notify the applicant in writing of the reason for a rejection. 10 * Sec. 6. AS 18.65.700(d) is amended to read: 11 (d) A permit issued under (a) of this section is valid for five years from the date 12 of issue. The permit must specify the action types [AND MAXIMUM CALIBERS] of 13 handgun described in the permittee's certificate of competency under AS 18.65.715 but 14 may not specifically identify a handgun by make, model, or serial number. 15 * Sec. 7. AS 18.65.705(4) is amended to read: 16 (4) has not been convicted, within the five years immediately preceding 17 the application, of, and is not currently charged under a complaint, information, 18 indictment, or presentment with, any of the following misdemeanor offenses or similar 19 laws of another jurisdiction: 20 (A) AS 11.41.230, 11.41.250, 11.41.270; 21 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 22 (C) AS 11.51.130; 23 (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 24 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 25 11.56.805; 26 (E) AS 11.61.110(a)(3) - (7) [AS 11.61.110], 11.61.120, 27 11.61.210, 11.61.220, 11.61.240; or 28 (F) AS 11.71.050, 11.71.060; 29 * Sec. 8. AS 18.65.710(a)(3) is amended to read: 30 (3) a statement that the applicant has been furnished with a copy of the 31 state laws and regulations relating to concealed handguns [AS 18.65.700 -
01 18.65.790], has read those sections, and understands them; 02 * Sec. 9. AS 18.65.715(a) is amended to read: 03 (a) An applicant for a permit to carry a concealed handgun shall provide a 04 certificate of successful completion of a handgun course that is approved by the 05 department. The certificate must state the action type [AND CALIBER] of handgun or 06 handguns the applicant has demonstrated competence with and that the applicant may be 07 permitted to carry. A permittee may only carry as a concealed handgun an action type 08 of handgun described in the certificate. [A PERMITTEE MAY ONLY CARRY AS A 09 CONCEALED HANDGUN THE CALIBER OF THE ACTION TYPE THAT THE 10 PERMITTEE DEMONSTRATED COMPETENCE WITH OR ANY LESSER CALIBER 11 OF THE SAME ACTION TYPE.] The handgun course must have been completed 12 within the 12 months immediately preceding the application. The department shall 13 approve a handgun course, including the personal protection course offered by the 14 National Rifle Association, if the course tests the applicant's 15 (1) knowledge of Alaska law relating to firearms and the use of deadly 16 force; 17 (2) familiarity with the basic concepts of the safe and responsible use of 18 handguns; 19 (3) knowledge of self-defense principles; and 20 (4) physical competence with each action type of handgun the applicant 21 wishes to carry under the permit [AND THE MAXIMUM CALIBER FOR EACH 22 ACTION TYPE THE APPLICANT WISHES TO CARRY UNDER THE PERMIT]. 23 * Sec. 10. AS 18.65.720 is amended to read: 24 Sec. 18.65.720. FEES. The department shall charge a nonrefundable fee for the 25 processing of the application for and initial issuance of a permit, renewal of a permit, or 26 replacement of a permit. The fees shall be set by regulation and must be based on the 27 actual costs incurred by the department. However, the fee for the processing of an 28 application and initial issuance of a permit may not exceed $99 [$125] and the fee for 29 renewal of a permit or replacement of a permit may not exceed $30 [$60]. 30 * Sec. 11. AS 18.65.740(a) is amended to read: 31 (a) A permit to carry a concealed handgun shall be immediately revoked by the
01 department when the permittee 02 (1) becomes disqualified to receive and hold a permit under 03 AS 18.65.705; or 04 (2) [IS CONVICTED OF TWO CLASS A MISDEMEANORS OF THIS 05 STATE OR SIMILAR LAWS OF ANOTHER JURISDICTION WITHIN A FIVE- 06 YEAR PERIOD IF AT LEAST ONE OF THE CONVICTIONS OCCURS AFTER THE 07 APPLICATION; 08 (3)] knowingly supplied a false or fraudulent answer, statement, or 09 document, or made a material misstatement or omission, in connection with an 10 application for a permit or renewal or replacement of a permit. 11 * Sec. 12. AS 18.65.755(a) is amended to read: 12 (a) A permittee may not carry a concealed handgun into 13 (1) a law enforcement or correctional facility; 14 (2) or on school grounds or a school bus; in this paragraph, "school 15 grounds" has the meaning given in AS 11.71.900; 16 (3) a courthouse or a courtroom of this state, unless the permittee 17 (A) is a judge; or 18 (B) has been authorized to possess a concealed handgun by a 19 judge presiding at that courthouse or courtroom; 20 (4) a [BUILDING HOUSING ONLY STATE OR FEDERAL OFFICES 21 OR THE OFFICES OF A POLITICAL SUBDIVISION OF THE STATE, EXCEPT 22 AS AUTHORIZED UNDER (3) OF THIS SUBSECTION; 23 (5) AN OFFICE OF THE STATE, FEDERAL GOVERNMENT, OR OF 24 A POLITICAL SUBDIVISION OF THE STATE THAT IS NOT LOCATED IN A 25 BUILDING DESCRIBED IN (4) OF THIS SUBSECTION; 26 (6) A PASSENGER LOADING OR UNLOADING AREA OF AN 27 AIRLINE TERMINAL; 28 (7) A VESSEL OF THE ALASKA MARINE HIGHWAY SYSTEM; 29 (8) A] facility providing services to victims of domestic violence or 30 sexual assault; 31 [(9) A RESIDENCE WHERE NOTICE THAT CARRYING A
01 CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY THE POSTING 02 OF A CONSPICUOUS NOTICE OR BY ORAL STATEMENT BY THE RESIDENT 03 TO THE PERMITTEE; 04 (10) A MEETING OF A BUSINESS, CHARITABLE, OR OTHER 05 ORGANIZATION OR ENTITY WHERE NOTICE THAT CARRYING A 06 CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY THE POSTING 07 OF CONSPICUOUS NOTICE; 08 (11) A FINANCIAL INSTITUTION; IN THIS PARAGRAPH, 09 "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS BANK, SAVINGS 10 ASSOCIATION, CREDIT UNION, OR OTHER INSTITUTION REGULATED BY 11 THE DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT UNDER 12 AS 06]; 13 (5) a [(12) ANOTHER] place where the possession of a deadly weapon 14 or firearm is prohibited by a statute of this state or a law of the federal government 15 [LAW]; or 16 (6) [(13)] a municipality or established village that has prohibited the 17 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785. 18 * Sec. 13. AS 18.65.765(a) is amended to read: 19 (a) The holder of a permit issued under AS 18.65.700 - 18.65.790 20 (1) shall notify the department of a change in the permittee's address 21 within 30 days; 22 (2) shall immediately report a lost, stolen, or illegible permit to the 23 department; 24 (3) shall immediately notify the department if the holder is no longer 25 qualified to hold a permit under AS 18.65.705; and 26 (4) may only carry a concealed handgun of the action type [AND 27 CALIBER] the holder has demonstrated competency with [OR OF ANY LESSER 28 CALIBER OF THE SAME ACTION TYPE] as authorized in the permit issued under 29 AS 18.65.700. 30 * Sec. 14. AS 18.65.790(3) is amended to read: 31 (3) "concealed handgun" means a firearm, that is a pistol or a revolver,
01 and that is covered or enclosed in any manner so that an observer cannot determine that 02 it is a handgun without removing it from that which covers or encloses it or without 03 opening, lifting, or removing that which covers or encloses it; however, "concealed 04 handgun" does not include a shotgun or [,] rifle, [DERRINGER OR OTHER 05 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200 [; 06 IN THIS PARAGRAPH, 07 (A) "DERRINGER" MEANS A HANDGUN THAT HAS 08 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF 09 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 10 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 11 IS PART OF THE FRAME; AND 12 (B) "MINIATURE HANDGUN" MEANS A HANDGUN THAT 13 HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES OR LESS 14 AND LACKS A MANUFACTURER'S INSTALLED TRIGGER GUARD 15 THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH IS PART 16 OF THE FRAME]; 17 * Sec. 15. AS 19.65 is amended by adding a new section to read: 18 Sec. 19.65.055. POSSESSION OF FIREARMS ABOARD FERRIES. (a) A 19 person may not possess or carry a firearm while aboard a vessel of the Alaska marine 20 highway system unless the person 21 (1) is a peace officer; 22 (2) secures the firearm in a locked propelled vehicle; or 23 (3) upon boarding, allows the purser to hold and secure the firearm 24 until the person disembarks from the vessel. 25 (b) In this section, "firearm" and "propelled vehicle" have the meanings given 26 in AS 11.81.900. 27 * Sec. 16. AS 18.65.705(5), 18.65.705(9), and 18.65.725(c) are repealed.