CSSB 141(STA): "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms."
00CS FOR SENATE BILL NO. 141(STA) 01 "An Act relating to permits to carry concealed handguns; and relating to the 02 possession of firearms." 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 14 handgun as defined in AS 18.65.790, and the possession did not occur in a
01 municipality or established village in which the possession of concealed handguns is 02 prohibited under AS 18.65.780 - 18.65.785; or 03 (4) lawfully able to carry a concealed handgun in public in the state 04 where the defendant resides or was the holder of a valid permit to carry a 05 concealed handgun issued by another state or a political subdivision of another 06 state and 07 (A) the weapon was a concealed handgun as defined in 08 AS 18.65.790; 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; and 12 (C) if applicable, the defendant was considered a permittee 13 under AS 18.65.748. 14 * Sec. 2. AS 11.61.220(d) is amended to read: 15 (d) In a prosecution under (a)(2) of this section, it is 16 (1) an affirmative defense that 17 (A) the defendant, at the time of possession, was 18 (i) the holder of a valid permit to carry a concealed 19 handgun under AS 18.65.700 - 18.65.790 or under the law of 20 another state or a political subdivision of another state; or 21 (ii) lawfully able to carry a concealed handgun in 22 public in the state where the defendant resides; 23 (B) the loaded firearm was a concealed handgun as defined 24 in AS 18.65.790; 25 (C) the possession occurred at a place designated as a 26 restaurant for the purposes of AS 04.16.049; 27 (D) the possession did not occur in a municipality or 28 established village in which the possession of concealed handguns is 29 prohibited under AS 18.65.780 - 18.65.785; and 30 (E) if applicable, the defendant was considered a permittee 31 under AS 18.65.748;
01 (2) a defense that the defendant, at the time of possession, was on 02 business premises 03 (A) [(1) ON BUSINESS PREMISES] owned by or leased by the 04 defendant; or 05 (B) [(2) ON BUSINESS PREMISES] in the course of the 06 defendant's employment for the owner or lessee of those premises. 07 * Sec. 3. AS 18.65.700(a) is amended to read: 08 (a) The department shall issue a permit to carry a concealed handgun to a 09 person who 10 (1) applies in person at an office of the Alaska State Troopers; 11 (2) qualifies under AS 18.65.705; 12 (3) submits a completed application on a form provided by the 13 department, that provides the information required under AS 18.65.705 and 18.65.710 14 and is executed under oath; with each application form provided by the 15 department, the department shall provide a copy of the state laws and regulations 16 relating to concealed handguns; 17 (4) submits two complete sets of fingerprints on Federal Bureau of 18 Investigation approved fingerprint cards that are of sufficient quality so that the 19 fingerprints may be processed; the fingerprints must be taken by a person, group, or 20 agency approved by the department; the department shall maintain a list of persons, 21 groups, or agencies approved to take fingerprints and shall provide the list to the 22 public upon request; 23 (5) submits evidence of competence with handguns as provided in 24 AS 18.65.715; 25 (6) provides two frontal view color photographs of the person taken 26 within the preceding 30 days that include the head and shoulders of the person and are 27 of a size specified by the department; 28 (7) shows a valid Alaska driver's license or identification card at the 29 time of application; 30 (8) does not suffer a physical infirmity that prevents the safe handling 31 of a handgun; and
01 (9) pays the application fee required by AS 18.65.720. 02 * Sec. 4. AS 18.65.700(b) is amended to read: 03 (b) The department shall either approve or reject an application for a permit 04 to carry a concealed handgun under (a) of this section within 15 days of receipt of 05 [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 06 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 07 DETERMINATION CONCERNING] the application. If the department has not 08 received necessary fingerprint eligibility information from another agency by the 09 end of this 15-day period, and the applicant is otherwise eligible, the department 10 shall issue a conditional permit to the applicant subject to immediate revocation 11 under the procedure provided in AS 18.65.740(a) - (c) if the fingerprint 12 information subsequently discloses that the applicant is ineligible for a permit 13 [THE DEPARTMENT SHALL REQUEST PERMIT ELIGIBILITY INFORMATION 14 UNDER THIS SUBSECTION WITHIN FIVE DAYS OF THE RECEIPT OF THE 15 APPLICATION]. The department shall notify the applicant in writing of the reason 16 for a rejection. 17 * Sec. 5. AS 18.65.705 is repealed and reenacted to read: 18 Sec. 18.65.705. Qualifications to obtain a permit. A person is qualified to 19 receive and hold a permit to carry a concealed handgun if the person 20 (1) is 21 years of age or older; 21 (2) is eligible to own or possess a handgun under the laws of this state 22 and under federal law; 23 (3) is a resident of the state and has been for the 90 days immediately 24 preceding the application for a permit; and 25 (4) has demonstrated competence with handguns as provided in 26 AS 18.65.715. 27 * Sec. 6. AS 18.65.710(a)(3) is amended to read: 28 (3) a statement that the applicant has been furnished with a copy of the 29 state laws and regulations relating to concealed handguns [AS 18.65.700 - 30 18.65.790], has read those sections, and understands them; 31 * Sec. 7. AS 18.65.720 is amended to read:
01 Sec. 18.65.720. Fees. The department shall charge a nonrefundable fee for the 02 processing of the application for and initial issuance of a permit, renewal of a permit, 03 or replacement of a permit. The fees shall be set by regulation and must be based on 04 the actual costs incurred by the department. However, the fee for the processing of an 05 application and initial issuance of a permit may not exceed $99 [$125] and the fee for 06 renewal of a permit or replacement of a permit may not exceed $30 [$60]. 07 * Sec. 8. AS 18.65.735(a) is repealed and reenacted to read: 08 (a) The department shall immediately suspend a permit to carry a concealed 09 handgun if a permittee becomes ineligible to hold a permit under AS 18.65.705. 10 * Sec. 9. AS 18.65 is amended by adding a new section to read: 11 Sec. 18.65.748. Permit holders from other jurisdictions considered Alaska 12 permit holders. A person holding a permit to carry a concealed handgun from 13 another state or a political subdivision of another state or who may lawfully carry a 14 concealed handgun in public in the state where the person resides is a permittee under 15 AS 18.65.700(b) for purposes of AS 18.65.750 - 18.65.765 if the person 16 (1) has not been in Alaska for more than 90 consecutive days; or 17 (2) has informed the Department of Public Safety of the person's 18 presence in the state and address within the state and of the jurisdiction issuing the 19 person's permit. 20 * Sec. 10. AS 18.65.755(a) is repealed and reenacted to read: 21 (a) A permittee may not possess a concealed handgun anywhere a person is 22 prohibited from possessing a handgun under state or federal law. 23 * Sec. 11. AS 18.65.790(3) is amended to read: 24 (3) "concealed handgun" means a firearm, that is a pistol or a revolver, 25 and that is covered or enclosed in any manner so that an observer cannot determine 26 that it is a handgun without removing it from that which covers or encloses it or 27 without opening, lifting, or removing that which covers or encloses it; however, 28 "concealed handgun" does not include a shotgun, rifle, [DERRINGER OR OTHER 29 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200 30 [; IN THIS PARAGRAPH, 31 (A) "DERRINGER" MEANS A HANDGUN THAT HAS
01 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF 02 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 03 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 04 IS PART OF THE FRAME; AND 05 (B) "MINIATURE HANDGUN" MEANS A HANDGUN 06 THAT HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES 07 OR LESS AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 08 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 09 IS PART OF THE FRAME]; 10 * Sec. 12. AS 18.65.715(b), 18.65.725(a)(3), 18.65.740(a)(2), and 18.65.755(b) - (c) are 11 repealed.