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19th Legislature(1995-1996)

Bill Text 19th Legislature

00 SENATE BILL NO. 177                                                                                                     
01 "An Act relating to permits to carry concealed handguns."                                                               
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 18.65.700(a) is amended to read:                                                                    
04            (a)  The department shall issue a permit to carry a concealed handgun to a                                            
05 person who                                                                                                              
06             (1)  applies in person at an office of the Alaska State Troopers;                                                    
07             (2)  qualifies under AS 18.65.705;                                                                                   
08             (3)  submits a completed application on a form provided by the                                                       
09 department, that provides the information required under AS 18.65.705 and 18.65.710                                     
10 and is executed under oath; with each application form provided by the                                                 
11 department, the department shall provide a copy of the state laws and regulations                                       
12 relating to firearms;                                                                                                  
13             (4)  [SUBMITS TWO COMPLETE SETS OF FINGERPRINTS ON                                                                   
14 FEDERAL BUREAU OF INVESTIGATION APPROVED FINGERPRINT CARDS                                                              
01 THAT ARE OF SUFFICIENT QUALITY SO THAT THE FINGERPRINTS MAY BE                                                          
02 PROCESSED; THE FINGERPRINTS MUST BE TAKEN BY A PERSON, GROUP,                                                           
03 OR AGENCY APPROVED BY THE DEPARTMENT; THE DEPARTMENT SHALL                                                              
04 MAINTAIN A LIST OF PERSONS, GROUPS, OR AGENCIES APPROVED TO                                                             
05 TAKE FINGERPRINTS AND SHALL PROVIDE THE LIST TO THE PUBLIC                                                              
06 UPON REQUEST;                                                                                                           
07             (5)]  submits evidence of competence with handguns as provided in                                                    
08 AS 18.65.715;                                                                                                           
09             (5) [(6)]  provides two frontal view color photographs of the person                                               
10 taken within the preceding 30 days that include the head and shoulders of the person                                    
11 and are of a size specified by the department;                                                                          
12             (6) [(7)]  shows a valid Alaska driver's license or identification card at                                         
13 the time of application;                                                                                                
14             (7) [(8)]  does not suffer a physical infirmity that prevents the safe                                             
15 handling of a handgun; [AND]                                                                                            
16             (8) [(9)]  pays the application fee required by AS 18.65.720; and                                                 
17             (9)  submits to a criminal background record check conducted of                                                      
18 available state and federal databases.                                                                                 
19    * Sec. 2.   AS 18.65.700(b) is amended to read:                                                                      
20            (b)  The department shall either approve or reject an application for a permit                                        
21 to carry a concealed handgun under (a) of this section within 30 [15] days of receipt                                 
22 of [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF                                                           
23 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A                                                                       
24 DETERMINATION CONCERNING] the application.  [THE DEPARTMENT SHALL                                                       
25 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION                                                            
26 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.]  The department                                                    
27 shall notify the applicant in writing of the reason for a rejection.                                                    
28    * Sec. 3.   AS 18.65.700(d) is amended to read:                                                                      
29            (d)  A permit issued under (a) of this section is valid for five years from the                                       
30 date of issue.  [THE PERMIT MUST SPECIFY THE ACTION TYPES AND                                                           
31 MAXIMUM CALIBERS OF HANDGUN DESCRIBED IN THE PERMITTEE'S                                                                
01 CERTIFICATE OF COMPETENCY UNDER AS 18.65.715 BUT MAY NOT                                                                
02 SPECIFICALLY IDENTIFY A HANDGUN BY MAKE, MODEL, OR SERIAL                                                               
03 NUMBER.]                                                                                                                
04    * Sec. 4.  AS 18.65.705(4) is amended to read:                                                                       
05             (4)  has not been convicted, within the five years immediately preceding                                             
06 the application, of, and is not currently charged under a complaint, information,                                       
07 indictment, or presentment with, any of the following misdemeanor offenses or similar                                   
08 laws of another jurisdiction:                                                                                           
09                       (A)  AS 11.41.230, 11.41.250, 11.41.270;                                                                            
10                       (B)  AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484;                                                      
11                       (C)  AS 11.51.130;                                                                                                  
12                       (D)  AS 11.56.330, 11.56.350, 11.56.380, 11.56.545, 11.56.700,                                                      
13 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 11.56.805;                                                       
14                       (E)  AS 11.61.110(a)(5) [AS 11.61.110], 11.61.120, 11.61.210,                                                     
15 11.61.220, 11.61.240; or                                                                                                
16                       (F)  AS 11.71.050, 11.71.060;                                                                                       
17    * Sec. 5.  AS 18.65.705(9) is amended to read:                                                                       
18             (9)  is a resident of the state and has been for the 90 days [ONE                                                  
19 YEAR] immediately preceding the application for a permit;                                                               
20    * Sec. 6.  AS 18.65.710(a)(3) is amended to read:                                                                    
21             (3)  a statement that the applicant has been furnished with a copy of the                                           
22 state laws and regulations relating to firearms [AS 18.65.700 - 18.65.790], has read                                   
23 those sections, and understands them;                                                                                   
24    * Sec. 7.  AS 18.65.715(a) is repealed and reenacted to read:                                                        
25            (a)  An applicant for a permit to carry a concealed handgun demonstrates                                              
26 competence with a handgun by one of the following:                                                                      
27             (1)  successful completion of a                                                                                      
28                       (A)  hunter or firearms education course or hunter or firearms                                                      
29 safety course approved by the Department of Fish and Game, the Department                                               
30 of Public Safety, or similar agencies of another state;                                                                 
31                       (B)  National Rifle Association firearms safety or training                                                         
01 course;                                                                                                                 
02                       (C)  firearms safety or training course or class available to the                                                   
03 general public offered by a law enforcement, university or college, or private                                          
04 or public institution or organization or firearms training school utilizing                                             
05 instructors certified by the National Rifle Association or the Alaska Department                                        
06 of Public Safety;                                                                                                       
07                       (D)  law enforcement firearms safety or training course or class                                                    
08 offered for security guards, investigators, or a division or subdivision of a law                                       
09 enforcement or security enforcement;                                                                                    
10                       (E)  firearms safety or training course or class conducted by a                                                     
11 state certified or National Rifle Association certified firearms instructor;                                            
12             (2)  presentation of evidence of experience with a handgun, equivalent                                               
13 to any of the courses or classes in (1) of this subsection, through participation in                                    
14 organized shooting competition or miliary service;                                                                      
15             (3)   presentation of evidence that the applicant is licensed or has been                                            
16 licensed to carry a handgun in this state, unless the license has been revoked for cause.                               
17    * Sec. 8.  AS 18.65.720 is amended to read:                                                                          
18            Sec. 18.65.720.  FEES.  The department shall charge a nonrefundable fee for                                           
19 the processing of the application for and initial issuance of a permit, renewal of a                                    
20 permit, or replacement of a permit.  The fees shall be set by regulation and must be                                    
21 based on the actual costs incurred by the department.  However, the fee for the                                         
22 processing of an application and initial issuance of a permit may not exceed $65                                      
23 [$125] and the fee for renewal of a permit or replacement of a permit may not exceed                                   
24 $30 [$60].                                                                                                             
25    * Sec. 9.  AS 18.65.755(a) is amended to read:                                                                       
26            (a)  A permittee may not carry a concealed handgun into                                                               
27             (1)  a law enforcement or correctional facility;                                                                     
28             (2)  or on school grounds or a school bus; in this paragraph, "school                                                
29 grounds" has the meaning given in AS 11.71.900;                                                                         
30             (3)  a courthouse or a courtroom of this state, unless the permittee                                                 
31                       (A)  is a judge; or                                                                                                 
01                       (B)  has been authorized to possess a concealed handgun by a                                                        
02 judge presiding at that courthouse or courtroom;                                                                        
03             (4)  a building housing only state or federal offices or the offices of a                                            
04 political subdivision of the state, except as authorized under (3) of this subsection;                                  
05             (5)  an office of the state, federal government, or of a political                                                   
06 subdivision of the state; if the office is [THAT IS NOT] located in a building not                                  
07 described in (4) of this subsection, the concealed handgun may be carried in the                                       
08 building outside of the government offices described in this paragraph except as                                        
09 the carrying may otherwise be prohibited in this subsection;                                                           
10             (6)  a passenger loading or unloading area within [OF] an airline                                                  
11 terminal;                                                                                                               
12             (7)  a vessel of the Alaska marine highway system;                                                                   
13             (8)  a facility providing services to victims of domestic violence or                                                
14 sexual assault;                                                                                                         
15             (9) a residence where notice that carrying a concealed handgun is                                                    
16 prohibited has been given by the posting of a conspicuous notice or by oral statement                                   
17 by the resident to the permittee;                                                                                       
18             (10)  an official board or executive [A] meeting of a business,                                                    
19 charitable, or other organization or entity where notice that carrying a concealed                                      
20 handgun is prohibited has been given by the posting of conspicuous notice;                                              
21             (11)  a financial institution; in this paragraph, "financial institution"                                            
22 means a bank, savings bank, savings association, credit union, or other institution                                     
23 regulated by the Department of Commerce and Economic Development under AS 06;                                           
24             (12)  another place where the possession of a deadly weapon or firearm                                               
25 is prohibited by law; or                                                                                                
26             (13)  a municipality or established village that has prohibited the                                                  
27 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785.                                            
28    * Sec. 10.  AS 18.65.715(c), 18.65.725(b), 18.65.725(c), 18.65.730(2), 18.65.765(a)(4), and                          
29 18.65.790(2) are repealed.                                                                                              
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