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HB 233: "An Act relating to misconduct involving weapons in the third degree."

00 HOUSE BILL NO. 233 01 "An Act relating to misconduct involving weapons in the third degree." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.61.200(g) is amended to read: 04 (g) It is an affirmative defense to a prosecution under (a)(12) of this section 05 that 06 (1) [EITHER 07 (A)] the defendant convicted of the prior offense on which the 08 action is based received a pardon for that conviction; 09 (2) [(B)] the underlying conviction upon which the action is based has 10 been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or 11 (3) [(C)] a period of 10 years or more has elapsed between the date of 12 the defendant's unconditional discharge on the prior offense or adjudication of juvenile 13 delinquency and the date of the violation of (a)(12) of this section, and the prior 14 conviction or adjudication of juvenile delinquency did not result from a violation of 15 AS 11.41 or of a similar law of the United States or of another state or territory [;

01 AND 02 (2) AT THE TIME OF POSSESSION, THE DEFENDANT WAS 03 (A) IN THE DEFENDANT'S DWELLING OR ON LAND 04 OWNED OR LEASED BY THE DEFENDANT APPURTENANT TO THE 05 DWELLING; OR 06 (B) ACTUALLY ENGAGED IN LAWFUL HUNTING, 07 FISHING, TRAPPING, OR OTHER LAWFUL OUTDOOR ACTIVITY 08 THAT NECESSARILY INVOLVES THE CARRYING OF A WEAPON 09 FOR PERSONAL PROTECTION].