Legislature(1993 - 1994)

1994-04-15 House Journal

Full Journal pdf

1994-04-15                     House Journal                      Page 3470
HB 351                                                                       
Representative Vezey did not maintain the objection, and so, CSHB
351(FIN) was adopted.                                                          
                                                                               
Amendment No. 1 was offered  by Representative Sitton:                          
                                                                               
Page 11, line 12:                                                              
                                                                               
	Delete "not"                                                                  
                                                                               
Page 11, line 13:                                                              
                                                                               
	Delete "and may only be used for law enforcement purposes"                    
                                                                               
Representative Sitton moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kott objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 351(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  23   EXCUSED:  3   ABSENT:  5                              
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Mackie, Mulder, Olberg, Sitton,          
Vezey                                                                          
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Navarre,                  
Nicholia, Parnell, Phillips, Porter, Sanders, Therriault, Toohey,              
Williams                                                                       

1994-04-15                     House Journal                      Page 3471
HB 351                                                                       
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
Absent:  Carney, Davidson, Finkelstein, Menard, Nordlund                       
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was offered  by Representative Brown:                           
                                                                               
Page 10, after line 12:                                                        
	Insert a new paragraph to read:                                               
		"(8)  or on premises or a propelled vehicle where notice                    
that carrying a concealed handgun is prohibited has been given by              
the posting of a conspicuous notice; in this paragraph, the                    
requirement for posting of a conspicuous notice is satisfied if the            
notice is                                                                      
		(A)  printed legibly in English;                                           
		(B)  at least 144 square inches in size;                                   
		(C)  contains the name and address of the person                           
under whose authority the notice is posted; and                                
		(D)  posted at each entrance to the premises or the                        
propelled vehicle."                                                            
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
Representative Mackie placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 351(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  13   NAYS:  24   EXCUSED:  3   ABSENT:  0                             

1994-04-15                     House Journal                      Page 3472
HB 351                                                                       
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Mackie, MacLean, Navarre, Nicholia, Nordlund, Sitton                           
                                                                               
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Olberg,            
Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams        
                                                                               
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Sitton:                          
                                                                               
Page 10, following line 14:                                                    
	Insert a new paragraph to read:                                               
		"(9)  a retail establishment;"                                              
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Representative Sitton moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative James objected.                                                 
                                                                               
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 351(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  13   NAYS:  24   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Mackie, MacLean, Navarre, Nicholia, Olberg, Sitton                             
                                                                               

1994-04-15                     House Journal                      Page 3473
HB 351                                                                       
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder,                    
Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
Amendment No. 4 was offered  by Representative Porter:                          
                                                                               
Page 12, line 23:                                                              
	Delete "7 out of 10 shots"                                                    
                                                                               
Page 12, line 24, following "target":                                          
	Insert "(A) seven out of 10 shots"                                            
                                                                               
Page 12, following line 24:                                                    
	Insert new subparagraphs to read:                                             
		"(B) six out of 10 shots at 15 yards; and                                  
		(C) five out of 10 shots at 20 yards;"                                     
                                                                               
Amendment to Amendment No. 4 was offered  by Representative                     
Porter:                                                                        
                                                                               
Delete new subparagraph (C)                                                   
Add "and" after "shots" in subparagraph (A)                                   
Delete "and" after "yards" in subparagraph (B)                                
                                                                               
Representative Porter moved and asked unanimous consent that the               
amendment to Amendment No. 4 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 4 as amended be adopted.                                         
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 4 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               

1994-04-15                     House Journal                      Page 3474
HB 351                                                                       
                                                                               
CSHB 351(FIN)                                                                  
Second Reading                                                                 
Amendment No. 4 as amended                                                     
                                                                               
                                                                               
YEAS:  24   NAYS:  13   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis,               
Finkelstein, Green, Grussendorf, Hanley, Hudson, James, Larson,                
Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia,                     
Nordlund, Porter, Sitton                                                       
                                                                               
Nays:  Barnes, Bunde, Foster, Kott, Martin, Olberg, Parnell, Phillips,         
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
Williams changed from "Yea" to "Nay".                                          
Davies changed from "Nay" to "Yea".                                            
Parnell changed from "Yea" to "Nay".                                           
                                                                               
And so, Amendment No. 4 as amended was adopted.                                
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Brice:                           
                                                                               
Page 4, line 13:                                                               
                                                                               
	Delete "five"                                                                 
	Insert "15"                                                                   
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 5 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               

1994-04-15                     House Journal                      Page 3475
HB 351                                                                       
Amendment to Amendment No. 5 was offered  by Representative Brice:              
                                                                               
Add:                                                                           
                                                                               
"Page 4, line 17:                                                             
                                                                               
Delete "five"                                                                
Insert "15"                                                                  
                                                                               
Representative Brice moved and asked unanimous consent that the                
amendment to Amendment No. 5 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 5 as amended be adopted.                                         
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 5 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
                                                                               
CSHB 351(FIN) am                                                               
Second Reading                                                                 
Amendment No. 5 as amended                                                     
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Foster,             
Mackie, MacLean, Nordlund, Olberg, Sitton                                      
                                                                               
                                                                               
Nays:  Barnes, Bunde, Davidson, G.Davis, Green, Grussendorf,                   
Hanley, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder,            
Navarre, Nicholia, Parnell, Phillips, Porter, Sanders, Therriault,             
Toohey, Vezey, Williams                                                        
                                                                               

1994-04-15                     House Journal                      Page 3476
HB 351                                                                       
Excused:  Hoffman, Ulmer, Willis                                               
                                                                               
And so, Amendment No. 5 as amended was not adopted.                            
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Davies:                          
                                                                               
Page 1, line 3, following "to the possession" (title amendment):             
	Insert "and regulation"                                                     
                                                                               
Page 2, following line 14:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 4.  AS11.61 is amended by adding new sections to read:            
	Sec. 11.61.260. CRIMINALLY NEGLIGENT STORAGE OF                              
A FIREARM IN THE FIRST DEGREE.  (a)  A person commits                          
the crime of criminally negligent storage of a firearm in the first            
degree if the person with criminal negligence keeps a loaded                   
firearm within premises under the person's custody or control and              
the person knows or reasonably should know that a minor under                  
the age of 16 is likely to gain access to the firearm without the              
permission of the minor's parent or legal guardian, a minor obtains            
the firearm, and death or serious physical injury to the minor or to           
another person results from the minor's having obtained the                    
firearm.                                                                       
	(b)  For the purposes of this section, a firearm is loaded if the            
firing chamber, magazine, clip, or cylinder of the firearm contains            
a cartridge.                                                                   
	(c)  Criminally negligent storage of a firearm is a class A                  
misdemeanor.                                                                   
                                                                               
	Sec. 11.61.270. CRIMINALLY NEGLIGENT STORAGE OF                              
A FIREARM IN THE SECOND DEGREE.  (a)  A person                                 
commits the crime of criminally negligent storage of a firearm in              
the second degree if the person with criminal negligence keeps a               
loaded firearm within premises under the person's custody or                   
control and the person knows or reasonably should know that a                  
minor under the age of 16 is likely to gain access to the firearm              
without the permission of the minor's parent or legal guardian, a              
minor obtains the firearm, and                                                 
		(1)  the minor exhibits the firearm in a public place;                      
                                                                               

1994-04-15                     House Journal                      Page 3477
HB 351                                                                       
		(2)  the minor violates AS11.41.220(a)(1) or                                
AS11.61.220(a)(4) as a result of obtaining the firearm; or                     
		(3)  physical injury to the minor or to another person                      
results from the minor's having obtained the firearm.                          
	(b)  For purposes of this section, a firearm is loaded if the                
firing chamber, magazine, clip, or cylinder of the firearm contains            
a cartridge.                                                                   
	(c)  Criminally negligent storage of a firearm in the second                 
degree is a class B misdemeanor.                                               
	Sec. 11.61.280. DEFENSES TO CRIMINALLY NEGLIGENT                             
STORAGE OF A FIREARM; PROSECUTORIAL                                            
CONSIDERATION.  (a)  In a prosecution under AS11.61.260 or                     
11.61.270, it is a defense that                                                
		(1)  the minor obtained the firearm as a result of an illegal               
entry to any premises by the minor or another person;                          
		(2)  the firearm is kept in a locked container or in a                      
location that a reasonable person would believe to be secure;                  
		(3)  the firearm was equipped with a trigger lock, gun                      
lock, or other locking device that was engaged so that the firearm             
could not be fired;                                                            
		(4)  the firearm is carried on the person or within such                    
close proximity that the person can readily retrieve and use the               
firearm as if carried on the person;                                           
		(5)  the minor obtains the firearm in a lawful act of self-                 
defense or defense of another person; or                                       
		(6)  the physical injury, serious physical injury, or death                 
resulted from an accident that was incident to lawful target                   
shooting, sport shooting, or hunting.                                          
                                                                               
	(b)  The provisions of AS11.61.260 or 11.61.270 do not apply                 
to a peace officer or member of the armed forces acting within the             
scope and authority of the officer's or member's employment.                   
                                                                               
	(c)  In deciding whether to prosecute a person for violation of              
AS11.61.260 or 11.61.270, the district attorney shall consider the             
effect the minor's injury or death has on the person.                          
   * Sec. 5.  AS12.25 is amended by adding a new section to read:            
	Sec. 12.25.015. ARREST OF PERSONS FOR CRIMINALLY                             
NEGLIGENT STORAGE OF FIREARMS.  Notwithstanding any                            
other provision of law,                                                        
                                                                               

1994-04-15                     House Journal                      Page 3478
HB 351                                                                       
		(1)  a peace officer may not arrest, nor may a court order                  
the arrest of, a person for violating AS11.61.260 or 11.61.270 if              
the person is the parent or legal guardian of a minor who is                   
injured or killed after obtaining a firearm, until at least seven days         
have elapsed from the date of the incident resulting in injury or              
death;                                                                         
		(2)  before arresting a person for violating AS11.61.260                    
or 11.61.270, if the person is the parent or legal guardian of a               
minor that has suffered serious physical injury, the peace officer             
shall consider the condition of the minor and the need for the                 
parent or legal guardian to be with the minor while the minor is               
on life-support equipment or is in a similarly critical medical                
condition."                                                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 6 be adopted.                                                    
                                                                               
Representative James objected.