Legislature(1993 - 1994)
1994-04-15 House Journal
Full Journal pdf1994-04-15 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.