Legislature(1993 - 1994)
1994-05-03 Senate Journal
Full Journal pdf1994-05-03 Senate Journal Page 4284 HB 351 CS FOR HOUSE BILL NO. 351(FIN) am(efd add) "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons; and providing for an effective date" was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 4014. Senator Duncan objected. Senator Lincoln called the Senate. The call was satisfied. Senator Duncan withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) was adopted. 1994-05-03 Senate Journal Page 4285 HB 351 SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) was read the second time. Senator Leman offered Amendment No. 1 : Page 6, lines 18 - 19: Delete "the personal protection course offered by the National Rifle Association and any other handgun course that; Insert "a handgun course, including the personal protection course offered by the National Rifle Association, if the course" Page 7, line 13: Delete "$50" Insert "$60" Senator Leman moved for the adoption of Amendment No. 1. Senator Duncan objected. Senator Taylor moved and asked unanimous consent that Senator Halford be shown as a cross sponsor on the bill. Without objection, it was so ordered. Senators Taylor, Leman, Miller, Sharp moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 351(STA) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 1994-05-03 Senate Journal Page 4286 HB 351 Yeas: Donley, Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff and so, Amendment No. 1 was adopted. Senator Lincoln offered Amendment No. 2 : Page 1, line 2: Delete "prohibit" Insert "allow" Page 2, line 3: Delete "prohibited" Insert "not allowed" Page 11, line 8: Delete "prohibited" Insert "not allowed" Page 12, line 16: Delete "PROHIBITION OF" Insert "ALLOWING" Page 12, line 20: Delete "prohibited" Insert "allowed" Page 12, line 24: Delete "prohibition" Insert "allowance" Delete "not" Senator Lincoln moved for the adoption of Amendment No. 2. Senator Miller objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1994-05-03 Senate Journal Page 4287 HB 351 SCS CSHB 351(STA) am S Second Reading Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Jacko, Lincoln, Little, Rieger, Salo, Zharoff Nays: Donley, Frank, Halford, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Sharp, Taylor and so, Amendment No. 2 failed. Senator Kerttula offered Amendment No. 3 : Page 9, line 8: Delete "two" Insert "one" Page 9, line 9: After "period" Insert "." Delete balance of sentence. Senator Kerttula moved for the adoption of Amendment No. 3. Senator Leman objected. HB 351 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 351(STA) am S Second Reading Amendment No. 3 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 1994-05-03 Senate Journal Page 4288 HB 351 Yeas: Donley, Duncan, Ellis, Kerttula, Little, Pearce, Phillips, Rieger, Salo, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Sharp, Taylor Donley changed from "Nay" to "Yea". Jacko changed from "Yea" to "Nay". Adams changed from "Yea" to "Nay". and so, Amendment No. 3 failed. Senator Duncan offered Amendment No. 4 : Page 4, line 26: Delete "the 90 days" Insert "one year" Senator Duncan moved and asked unanimous consent for the adoption of Amendment No. 4. Senator Taylor objected, then withdrew his objection. There being no further objections, Amendment No. 4 was adopted. Senator Little offered Amendment No. 5 : Page 2, following line 17: 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. 1994-05-03 Senate Journal Page 4289 HB 351 (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; (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; 1994-05-03 Senate Journal Page 4290 HB 351 (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, (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. 1994-05-03 Senate Journal Page 4291 HB 351 Page 14, line 12: Delete "sec. 4" Insert "sec. 6" Page 14, line 13: Delete "sec. 5" Insert "sec. 7" Senator Little moved for the adoption of Amendment No. 5. Senator Kelly objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 351(STA) am S Second Reading Amendment No. 5 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Lincoln, Little, Rieger, Salo Nays: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Sharp, Taylor, Zharoff and so, Amendment No. 5 failed. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1994-05-03 Senate Journal Page 4292 HB 351 SCS CSHB 351(STA) am S Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill was not advanced to third reading.