Legislature(1993 - 1994)
1994-04-15 House Journal
Full Journal pdf1994-04-15 House Journal Page 3503 HB 351 (2) qualifies under AS18.65.705; (3) submits a completed application on a form provided by the department, that provides the information required under AS18.65.705 and 18.65.710 and is executed under oath; (4) submits evidence of competence with firearms as provided in AS18.65.715; (5) shows a valid picture identification at the time of application; and (6) pays the application fee required by AS18.65.720. (b) The department shall immediately issue the permit or provide a written statement to the applicant providing the reasons for the rejection. (c) A permit issued under this section is valid for five years from the date of issue. Sec. 18.65.705. QUALIFICATIONS TO OBTAIN A PERMIT. A person is qualified to receive and hold a permit to carry a concealed weapon if the person (1) is 21 years of age or older; (2) is eligible to own or possess a firearm under the laws of this state and under federal law; (3) is not prohibited by a court under AS12.55.015 from applying for, receiving, or possessing a permit to carry a concealed weapon; (4) is not currently charged under a complaint, information, indictment, or presentment with a felony violation of AS11.41 or a similar law of another jurisdiction; (5) is not now suffering, and has not within the five years immediately preceding the application suffered, from a mental illness as defined in AS47.30.915; (6) is not now, and has not been, adjudicated as mentally incapacitated by a court of this state, another state, territory, or jurisdiction, or of the United States, unless the guardianship or similar arrangement has been closed or terminated and five years have elapsed since the closure or other termination; (7) is a resident of the state and has been for the 12 months immediately preceding the application for a permit; (8) has not been discharged from the armed forces of the United States under dishonorable conditions; 1994-04-15 House Journal Page 3504 HB 351 (9) is not an alien who is residing in the United States illegally or a former citizen of the United States who has renounced the person's citizenship; (10) is not now, and has not for the three years immediately preceding the application, suffered impairment from alcohol; (11) is not an unlawful user of, or addicted to, a controlled substance; (12) has not been convicted of two violations of AS28.33.030, 28.33.031, AS28.35.030 or 28.35.032 or similar laws of another jurisdiction within the five years immediately preceding the application; and (13) has demonstrated competence with firearms as provided in AS18.65.715. Sec. 18.65.710. APPLICATION FOR PERMIT TO CARRY A CONCEALED WEAPON. (a) The application for a permit to carry a concealed weapon must, at a minimum, include (1) the applicant's name, address, place and date of birth, physical description, including height, weight, race, hair color, and eye color, and social security number; (2) a statement that the applicant qualifies under AS18.65.705; (3) a statement that the applicant has been furnished with a copy of AS18.65.700 - 18.65.780, has read those sections, and understands them; (4) a statement that the applicant desires a permit to carry a concealed weapon for a lawful purpose, which may include lawful self-defense; (5) a sworn statement by the applicant that all statements, answers, and attachments to the application are true and complete; (6) a conspicuous warning that the application is executed under oath and that an applicant who supplies a false statement, answer, or document, in connection with the application that the applicant does not believe to be true, may be prosecuted for perjury under AS11.56.200 and, if found guilty, may be punished for violation of a class B felony, and that in such cases the permit shall be revoked and the applicant may be barred from any further application for a permit; and 1994-04-15 House Journal Page 3505 HB 351 (7) a statement that the applicant understands that a background investigation may be conducted as a part of the application process, that this may involve computerized records searches, and that the applicant authorizes the investigation. (b) As a part of an application under (a) of this section, the department may not inquire of an applicant as to any firearms owned by the applicant. Sec. 18.65.715. DEMONSTRATION OF COMPETENCE WITH FIREARMS. An applicant for a permit to carry a concealed weapon must be competent in the use of firearms. The applicant may demonstrate this competence by submitting with the application (1) evidence in the form of a copy of a certificate of completion, a certified copy of a transcript, or an affidavit of the instructor, group, club, or organization that conducted the training, course, or class, that the applicant has successfully completed a (A) law enforcement firearms safety and training course or class offered for peace officers, security guards, or private investigators; or (B) firearms safety or training course or class conducted by a National Rifle Association certified, United States Practical Shooting Association certified, state certified, or other certified firearms instructor; (2) evidence of military instruction and experience with the safe use of firearms; or (3) other evidence satisfactory to the commissioner that the person is competent in the use of firearms. Sec. 18.65.720. FEES. (a) The department shall charge a nonrefundable fee of $50 for application for and initial issuance of a permit. (b) The department shall charge a fee of $25 for the renewal of a permit under AS18.65.725. (c) The department shall charge a fee of $15 for replacement of a permit under AS18.65.730. Sec. 18.65.725. PERMIT RENEWAL. (a) A permittee shall apply for renewal of a permit to carry a concealed weapon within 90 days before the expiration of the permit on a form provided by the department. The renewal form shall be submitted under oath and must include (1) any change in the information originally submitted under AS18.65.710; 1994-04-15 House Journal Page 3506 HB 351 (2) a statement that the person remains qualified to receive and hold a permit to carry a concealed weapon under AS18.65.705; and (3) the renewal fee required under AS18.65.720. (b) A renewal of a permit to carry a concealed weapon submitted on or after the expiration date is subject to a late fee of $25. The department may not accept a renewal for a permit that is submitted more than 90 days after the expiration date of the permit. Nothing in this subsection prohibits the holder of an expired permit from applying for a new permit. Sec. 18.65.730. REPLACEMENT OF PERMIT. The department may replace a permit that the permittee certifies under oath has been lost, stolen, or destroyed. Sec. 18.65.735. SUSPENSION OF PERMIT. The department shall immediately suspend a permit to carry a concealed weapon if a permittee is arrested for or formally charged with a crime that would disqualify the permittee under AS18.65.705(4) from being eligible to hold a permit to carry a concealed weapon. A suspension of a permit remains in effect until the permit is revoked under AS18.65.740 or the department has been notified of a disposition favorable to the defendant or the defendant has been released from custody without being charged. In this section, "disposition favorable to the defendant" means a dismissal by the prosecutor or an adjudication by a court other than a conviction. Sec. 18.65.740. REVOCATION OF PERMIT; APPEAL. (a) A permit to carry a concealed weapon shall be immediately revoked by the department when the permittee (1) becomes disqualified to receive and hold a permit under AS18.65.705, other than AS18.65.705(4); (2) is convicted of three violations of AS18.65.750 or 18.65.755 within a five-year period; (3) is convicted of two violations of AS28.33.030, 28.33.031, AS28.35.030, or 28.35.032, or similar laws of another jurisdiction within a five-year period if at least one of the convictions occurs after the issuance of the permit; (4) is convicted of violating AS28.33.030, 28.33.031, AS28.35.030, or 28.35.032 and was carrying a concealed weapon at the time of the violation; or 1994-04-15 House Journal Page 3507 HB 351 (5) with intent to mislead the department or its employees, supplied a false or fraudulent answer, statement, or document, or made a material misstatement or omission, in connection with an application for a permit or renewal or replacement of a permit. (b) A person whose permit is revoked under this section may appeal the revocation decision to the commissioner. A person may seek judicial review of the decision of the commissioner under AS44.62.560 - 44.62.570. (c) A person whose permit is revoked under (a)(2) - (5) of this section may not apply for a new permit until at least five years have elapsed since the date of the last conviction or the revocation, whichever occurs first. Sec. 18.65.745. NO LIABILITY FOR ISSUANCE OF PERMIT OR FOR TRAINING. (a) The department is not liable by virtue of having issued a permit to carry a concealed weapon for damage or harm caused by the permittee. (b) A person who provides firearm training to a person who receives a permit under AS18.65.700 - 18.65.780 is not liable for damage or harm caused to another person by the permittee. Sec. 18.65.750. POSSESSION AND DISPLAY OF PERMIT. (a) A permittee shall carry the permit at all times the permittee carries a concealed weapon. The permittee shall display both the license and other proper identification when asked to do so by a peace officer at any time. (b) Whenever a permittee who is carrying a concealed weapon is stopped by a peace officer, the permittee shall immediately inform the peace officer that the permittee is carrying a concealed weapon under the permit. (c) A person who violates (a) or (b) of this section is guilty of a violation and shall be punished by a fine of $25. Sec. 18.65.755. PLACES WHERE PERMITTEE MAY NOT POSSESS A CONCEALED WEAPON. (a) A permittee may not carry a concealed weapon into (1) a law enforcement or correctional facility; (2) a courthouse or a courtroom; (3) an office or building housing state or federal offices or the offices of a political subdivision of the state; (4) a passenger loading or unloading area of an airline terminal; 1994-04-15 House Journal Page 3508 HB 351 (5) a vessel of the Alaska marine highway system; or (6) another place where the possession of a deadly weapon or firearm is prohibited by state or federal law. (b) In addition to any other penalty provided by law, a person who violates this section is guilty of a class B misdemeanor. Sec. 18.65.760. ACCESS TO LIST OF PERMITTEES BY PEACE OFFICERS. The department shall compile a list of permittees in a manner that allows immediate access to the information by peace officers. The list of permittees and all applications, permits, and renewals are not public records under AS09.25.110 - 09.25.125 and may only be accessed for law enforcement purposes. Sec. 18.65.765. EXEMPT PERSONS. Persons who are permitted to carry a concealed weapon under AS11.61.220 other than AS11.61.220(a)(1)(C), or are provided a defense to a charge of carrying a concealed weapon under AS11.61.220 are exempt from the provisions of AS18.65.700- 18.65.780 while engaging in the activities permitted or to which the defense applies. Sec. 18.65.770. REGULATIONS. The department shall adopt regulations to implement AS18.65.700 - 18.65.780. This section does not delegate to the department the authority to regulate or restrict the issuing of permits beyond those provisions contained in AS18.65.700- 18.65.780. Subjective or arbitrary actions or regulations that encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in AS18.65.700- 18.65.780 or that create restrictions beyond those specified or specifically authorized in AS18.65.700 -18.65.780 are prohibited. Sec. 18.65.775. PROHIBITION ON CERTAIN ORDINANCES. A municipality may not enact an ordinance that conflicts with or imposes stricter standards than the requirements of this chapter. Sec. 18.65.780. DEFINITIONS. In AS18.65.700 - 18.65.780, (1) "commissioner" means the commissioner of public safety; 1994-04-15 House Journal Page 3509 HB 351 (2) "concealed weapon" means a deadly weapon, as defined in AS11.81.900, that is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; however, "concealed weapon" does not include an unloaded firearm encased in a closed container designed for transporting firearms, a deadly weapon that is a prohibited weapon as defined under AS11.61.200; (3) "department" means the Department of Public Safety; (4) "permit" means a permit to carry a concealed weapon issued under AS18.65.700 - 18.65.780. * Sec. 9. AS11.61.220(b) is repealed." Representative Vezey moved and asked unanimous consent that Amendment No. 16 be adopted. Objection was heard. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: CSHB 351(FIN) am(efd add) Second Reading Amendment No. 16 YEAS: 13 NAYS: 23 EXCUSED: 4 ABSENT: 0 Yeas: Carney, Davidson, Grussendorf, Kott, Larson, Martin, Olberg, Parnell, Sanders, Sitton, Therriault, Toohey, Vezey Nays: Barnes, Brice, Brown, Bunde, Davies, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Phillips, Porter, Williams Excused: B.Davis, Hoffman, Ulmer, Willis And so, Amendment No. 16 was not adopted. 1994-04-15 House Journal Page 3510 HB 351 Amendment No. 17 was not offered. Amendment No. 18 was offered by Representative Finkelstein: Page 10, following line 14: Insert a new paragraph to read: "(9) a bus, train, taxi, or other form of public transportation;" Renumber the following paragraphs accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 18 be adopted. Objection was heard. Amendment to Amendment No. 18 was offered by Representative Mackie: In new paragraph, delete "taxi," Representative Finkelstein objected. Representative Mackie moved and asked unanimous consent to withdraw the amendment to Amendment No. 18. There being no objection, it was so ordered. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: CSHB 351(FIN) am(efd add) Second Reading Amendment No. 18 YEAS: 7 NAYS: 29 EXCUSED: 4 ABSENT: 0 1994-04-15 House Journal Page 3511 HB 351 Yeas: Brice, Brown, Davidson, Davies, Finkelstein, MacLean, Sitton Nays: Barnes, Bunde, Carney, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis And so, Amendment No. 18 was not adopted. Amendment No. 19 was offered by Representative Brice: Page 4, line 7: Insert "or" Page 4, line 8: Delete "or" Page 4, lines 9 and 10: Delete all material. Page 5, line 6: Delete "and" Page 5, line 8: Delete "." Insert ", and" Page 5, following line 8: Insert "(16) has not committed a misdemeanor while the person possessed a concealed handgun." Representative Brice moved and asked unanimous consent that Amendment No. 19 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: 1994-04-15 House Journal Page 3512 HB 351 CSHB 351(FIN) am(efd add) Second Reading Amendment No. 19 YEAS: 10 NAYS: 26 EXCUSED: 4 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Menard, Navarre, Nordlund, Sitton Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis And so, Amendment No. 19 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 351(FIN) am(efd add) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The Speaker stated that CSHB 351(FIN) am(efd add) will be in third reading on the April 18, 1994, calendar.