HCS CSSB 294(JUD): "An Act relating to the possession of concealed handguns and to concealed handgun permits."
00HOUSE CS FOR CS FOR SENATE BILL NO. 294(JUD) 01 "An Act relating to the possession of concealed handguns and to concealed 02 handgun permits." 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; 12 (3) the holder of a valid permit to carry a concealed handgun under 13 AS 18.65.700 - 18.65.790 and [,] the weapon was a concealed handgun as defined in 14 AS 18.65.790 [, AND THE POSSESSION DID NOT OCCUR IN A MUNICIPALITY
01 OR ESTABLISHED VILLAGE IN WHICH THE POSSESSION OF CONCEALED 02 HANDGUNS IS PROHIBITED UNDER AS 18.65.780 - 18.65.785]; or 03 (4) considered a permittee under AS 18.65.748 and 04 [(A)] the weapon was a concealed handgun as defined in 05 AS 18.65.790 [; AND 06 (B) THE POSSESSION DID NOT OCCUR IN A 07 MUNICIPALITY OR ESTABLISHED VILLAGE IN WHICH THE 08 POSSESSION OF CONCEALED HANDGUNS IS PROHIBITED UNDER 09 AS 18.65.780 - 18.65.785]. 10 * Sec. 2. AS 11.61.220(d) is amended to read: 11 (d) In a prosecution under (a)(2) of this section, it is 12 (1) an affirmative defense that 13 (A) the defendant, at the time of possession, was the holder of 14 a valid permit to carry a concealed handgun under AS 18.65.700 - 18.65.790 15 or was considered a permittee under AS 18.65.748; 16 (B) the loaded firearm was a concealed handgun as defined in 17 AS 18.65.790; and 18 (C) the possession occurred at a place designated as a restaurant 19 for the purposes of AS 04.16.049 and the defendant did not consume 20 intoxicating liquor at the place; [AND 21 (D) THE POSSESSION DID NOT OCCUR IN A 22 MUNICIPALITY OR ESTABLISHED VILLAGE IN WHICH THE 23 POSSESSION OF CONCEALED HANDGUNS IS PROHIBITED UNDER 24 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) owned by or leased by the defendant; or 28 (B) in the course of the defendant's employment for the owner 29 or lessee of those premises. 30 * Sec. 3. AS 18.65.700(a) is amended to read: 31 (a) The department shall issue a permit to carry a concealed handgun to a
01 person who 02 (1) applies in person at an office of the Alaska State Troopers; 03 (2) qualifies under AS 18.65.705; 04 (3) submits a completed application on a form provided by the 05 department, that provides the information required under AS 18.65.705 and 18.65.710 06 [AND IS EXECUTED UNDER OATH]; with each application form provided by the 07 department, the department shall provide a copy of the state laws and regulations 08 relating to concealed handguns, which must include a concise summary of where, 09 when, and by whom a handgun can be carried under state and federal law; 10 (4) submits two complete sets of fingerprints on Federal Bureau of 11 Investigation approved fingerprint cards that are of sufficient quality so that the 12 fingerprints may be processed; the fingerprints must be taken by a person, group, or 13 agency approved by the department; the department shall maintain a list of persons, 14 groups, or agencies approved to take fingerprints and shall provide the list to the 15 public upon request; 16 (5) submits evidence of successful completion of a handgun course 17 [COMPETENCE WITH HANDGUNS] as provided in AS 18.65.715; 18 (6) provides one [TWO] frontal view color photograph 19 [PHOTOGRAPHS] of the person taken within the preceding 30 days that includes 20 [INCLUDE] the head and shoulders of the person and is [ARE] of a size specified by 21 the department; 22 (7) shows a valid Alaska driver's license or identification card at the 23 time of application; 24 (8) does not suffer a physical infirmity that prevents the safe handling 25 of a handgun; and 26 (9) pays the application fee required by AS 18.65.720. 27 * Sec. 4. AS 18.65.700(d) is amended to read: 28 (d) A permit issued under (a) of this section is valid for five years from the 29 date of issue. [THE PERMIT MUST SPECIFY THE ACTION TYPES AND 30 MAXIMUM CALIBERS OF HANDGUN DESCRIBED IN THE PERMITTEE'S 31 CERTIFICATE OF COMPETENCY UNDER AS 18.65.715 BUT MAY NOT
01 SPECIFICALLY IDENTIFY A HANDGUN BY MAKE, MODEL, OR SERIAL 02 NUMBER.] 03 * Sec. 5. AS 18.65.705 is amended to read: 04 Sec. 18.65.705. Qualifications to obtain a permit. A person is qualified to 05 receive and hold a permit to carry a concealed handgun if the person 06 (1) is 21 years of age or older; 07 (2) is eligible to own or possess a handgun under the laws of this state 08 and under federal law; 09 (3) is a resident of the state and has been for the 90 days immediately 10 preceding the application for a permit; 11 (4) has not been convicted of two or more class A misdemeanors of 12 this state or similar laws of another jurisdiction within the six years immediately 13 preceding the application; 14 (5) is not now in and has not in the three years immediately preceding 15 the application been ordered by a court to complete an alcohol or substance abuse 16 treatment program; and 17 (6) has successfully completed a handgun course [DEMONSTRATED 18 COMPETENCE WITH HANDGUNS] as provided in AS 18.65.715. 19 * Sec. 6. AS 18.65.710(a) is amended to read: 20 (a) The application for a permit to carry a concealed handgun must contain the 21 following information: 22 (1) the applicant's name, physical residence, mailing address, place and 23 date of birth, physical description, including height, weight, race, hair color, and eye 24 color, Alaska driver's license or identification card number, and the city and state of 25 each place the applicant has resided in the five years immediately preceding the 26 application; 27 (2) a statement that the applicant qualifies under AS 18.65.705; 28 (3) a statement that the applicant has been furnished with a copy of the 29 state laws and regulations relating to concealed handguns, has read those sections, and 30 understands them; 31 (4) a statement that the applicant desires a permit to carry a concealed
01 handgun for a lawful purpose, which may include self-defense; 02 (5) a [SWORN] statement by the applicant that all statements, answers, 03 and attachments to the application are true and complete; 04 (6) a conspicuous warning that [THE APPLICATION IS EXECUTED 05 UNDER OATH AND THAT] an applicant who supplies a false statement, answer, or 06 document, in connection with the application that the applicant does not believe to be 07 true, may be prosecuted for unsworn falsification [PERJURY UNDER AS 11.56.200] 08 and, if found guilty, may be punished for violation of a class A misdemeanor [B 09 FELONY], and that , in such cases , the permit shall be revoked and the applicant may 10 be barred from any further application for a permit; and 11 (7) a statement that the applicant understands that a permit eligibility 12 investigation will be conducted as a part of the application process, that this may 13 involve computerized records searches, and that the applicant authorizes the 14 investigation. 15 * Sec. 7. AS 18.65.715(a) is amended to read: 16 (a) An applicant for a permit to carry a concealed handgun shall provide a 17 certificate of successful completion of a handgun course that is approved by the 18 department. [THE CERTIFICATE MUST STATE THE ACTION TYPE AND 19 CALIBER OF HANDGUN OR HANDGUNS THE APPLICANT HAS 20 DEMONSTRATED COMPETENCE WITH AND THAT THE APPLICANT MAY BE 21 PERMITTED TO CARRY. A PERMITTEE MAY ONLY CARRY AS A 22 CONCEALED HANDGUN AN ACTION TYPE OF HANDGUN DESCRIBED IN 23 THE CERTIFICATE. A PERMITTEE MAY ONLY CARRY AS A CONCEALED 24 HANDGUN THE CALIBER OF THE ACTION TYPE THAT THE PERMITTEE 25 DEMONSTRATED COMPETENCE WITH OR ANY LESSER CALIBER OF THE 26 SAME ACTION TYPE.] The handgun course must have been completed within the 27 12 months immediately preceding the application. The department shall approve a 28 handgun course, including the personal protection course offered by the National Rifle 29 Association, if the course tests the applicant's 30 (1) knowledge of Alaska law relating to firearms and the use of deadly 31 force;
01 (2) familiarity with the basic concepts of the safe and responsible use 02 of handguns; 03 (3) knowledge of self-defense principles; and 04 (4) physical competence with a [EACH ACTION TYPE OF] handgun 05 [THE APPLICANT WISHES TO CARRY UNDER THE PERMIT AND THE 06 MAXIMUM CALIBER FOR EACH ACTION TYPE THE APPLICANT WISHES TO 07 CARRY UNDER THE PERMIT]. 08 * Sec. 8. AS 18.65.725(a) is amended to read: 09 (a) A permittee shall apply [IN PERSON] for renewal of a permit to carry a 10 concealed handgun within 90 days before the expiration of the permit and shall present 11 a complete renewal form provided by the department. The renewal form [SHALL BE 12 SUBMITTED UNDER OATH AND] must include 13 (1) any change in the information originally submitted under 14 AS 18.65.710; 15 (2) a statement that the person remains qualified to receive and hold 16 a permit to carry a concealed handgun under AS 18.65.705; 17 (3) one [REPEALED 18 (4) TWO] frontal view photograph [PHOTOGRAPHS] of the person 19 taken within the preceding 30 days that includes [INCLUDE] the head and shoulders 20 of the person and is [ARE] of a size specified by the department; 21 (4) [AND (5)] the renewal fee required under AS 18.65.720 ; and 22 (5) the warning listed in AS 18.65.710(a)(6) . 23 * Sec. 9. AS 18.65.725(c) is amended to read: 24 (c) A renewal of a permit to carry a concealed handgun submitted on or after 25 the expiration date is subject to a late fee of $25. The department may not accept a 26 renewal for a permit that is submitted more than 60 [30] days after the expiration date 27 of the permit. Nothing in this subsection prohibits the holder of an expired permit 28 from applying for a new permit. 29 * Sec. 10. AS 18.65.730 is amended to read: 30 Sec. 18.65.730. Replacement of permit. The department may replace a 31 permit that the permittee certifies under oath has been lost, stolen, or destroyed,
01 provided the permittee applies in person and 02 (1) provides one [TWO] frontal view photograph [PHOTOGRAPHS] 03 of the permittee taken within the preceding 30 days that includes [INCLUDE] the head 04 and shoulders and is [ARE] of a size specified by the department; 05 (2) [SUBMITS TO THE TAKING OF A SINGLE THUMB OR 06 FINGERPRINT BY THE DEPARTMENT TO COMPARE AGAINST THE 07 FINGERPRINT ORIGINALLY SUBMITTED WITH THE APPLICATION; AND 08 (3)] pays the replacement fee required under AS 18.65.720. 09 * Sec. 11. AS 18.65.740(a) is amended to read: 10 (a) A permit to carry a concealed handgun shall be immediately revoked by 11 the department when the permittee 12 (1) becomes disqualified to receive and hold a permit under 13 AS 18.65.705; 14 (2) is convicted of two class A misdemeanors of this state or similar 15 laws of another jurisdiction within a six-year period if at least one of the convictions 16 occurs after the application; 17 (3) knowingly supplied a false or fraudulent answer, statement, or 18 document, or made a material misstatement or omission, in connection with an 19 application for a permit or renewal or replacement of a permit. 20 * Sec. 12. AS 18.65.748 is amended to read: 21 Sec. 18.65.748. Permit holders from other jurisdictions considered Alaska 22 permit holders. A person holding a valid permit to carry a concealed handgun from 23 another state or a political subdivision of another state 24 (1) with permit requirements similar to [AT LEAST AS STRICT AS] 25 those in AS 18.65.700 - 18.65.790 is a permittee under AS 18.65.700(b) for purposes 26 of AS 18.65.750 - 18.65.765 if the person has not been in Alaska for more than 120 27 consecutive days ; in this paragraph, "permit requirements similar to those in 28 AS 18.65.700 - 18.65.790" means that, in order to receive and hold the permit in 29 the other state or political subdivision, the person must 30 (A) be at least 21 years of age; 31 (B) be eligible to own or possess a handgun under state or
01 federal law; 02 (C) successfully complete some type of handgun or firearms 03 safety course; and 04 (D) be subject to a fingerprint-based criminal records 05 search; 06 (2) is a permittee under AS 18.65.700(b) for purposes of 07 AS 18.65.750 - 18.65.765 if the person has not been in Alaska for more than 120 08 consecutive days and the other state or political subdivision allows a permittee 09 under AS 18.65.700 - 18.65.790 to carry a concealed handgun in the other state 10 or political subdivision; the department shall determine which states or political 11 subdivisions grant reciprocity to permittees under AS 18.65.700 - 18.65.790 and 12 shall distribute a list of those jurisdictions to each law enforcement agency in this 13 state . 14 * Sec. 13. AS 18.65.760(a) is amended to read: 15 (a) The holder of a permit issued under AS 18.65.700 - 18.65.790 may not 16 (1) alter the permit; 17 (2) allow another person to use the permit; 18 (3) possess or display a suspended or revoked permit; or 19 (4) display an expired permit , unless the holder has submitted a 20 complete, timely renewal form under AS 18.65.725 and the renewal process has 21 been delayed due to circumstances not under the control of the applicant . 22 * Sec. 14. AS 18.65.778 is amended to read: 23 Sec. 18.65.778. Municipal preemption. A municipality may not restrict the 24 carrying of a concealed handgun by permit under AS 18.65.700 - 18.65.790 [EXCEPT 25 AS PROVIDED IN AS 18.65.780 - 18.65.785]. 26 * Sec. 15. AS 18.65.725(b), 18.65.765(a)(4), 18.65.780, 18.65.785, 18.65.790(5), and 27 18.65.790(6) are repealed.