CSSB 177(STA): "An Act relating to permits to carry concealed handguns."
00CS FOR SENATE BILL NO. 177(STA) 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 11.61.210 is amended by adding a new subsection to read: 04 (e) In a prosecution under (a)(7) of this section, it is an affirmative defense 05 that the defendant, at the time of possession, was the holder of a valid permit to carry 06 a concealed handgun under AS 18.65.700 - 18.65.790, the deadly weapon was a 07 concealed handgun as defined in AS 18.65.790, and the possession 08 (1) did not occur within or on a school bus; 09 (2) occurred as the defendant, without entering the school building, 10 directly escorted to or from the school, or picked up or dropped off at the school, 11 without detour or delay while on school grounds, a person or thing; and 12 (3) did not occur in a municipality or established village in which the 13 possession of a concealed handgun is prohibited under AS 18.65.780 - 18.65.785. 14 * Sec. 2. AS 11.61.220(d) is amended to read:
01 (d) In a prosecution under (a)(2) of this section, it is 02 (1) an affirmative defense that the defendant, at the time of 03 possession, was the holder of a valid permit to carry a concealed handgun under 04 AS 18.65.700 - 18.65.790, the loaded firearm was a concealed handgun as defined 05 in AS 18.65.790, and the possession did not occur in a municipality or established 06 village in which the possession of concealed handguns is prohibited under 07 AS 18.65.780 - 18.65.785; 08 (2) a defense that the defendant, at the time of possession, was on 09 business premises 10 (A) [(1) ON BUSINESS PREMISES] owned by or leased by 11 the defendant; or 12 (B) [(2) ON BUSINESS PREMISES] in the course of the 13 defendant's employment for the owner or lessee of those premises. 14 * Sec. 3. AS 18.65.700(a) is amended to read: 15 (a) The department shall issue a permit to carry a concealed handgun to a person 16 who 17 (1) applies in person at an office of the Alaska State Troopers; 18 (2) qualifies under AS 18.65.705; 19 (3) submits a completed application on a form provided by the 20 department, that provides the information required under AS 18.65.705 and 18.65.710 21 and is executed under oath; with each application form provided by the department, 22 the department shall provide a copy of the state laws and regulations relating to 23 concealed handguns; 24 (4) submits two complete sets of fingerprints on Federal Bureau of 25 Investigation approved fingerprint cards that are of sufficient quality so that the 26 fingerprints may be processed; the fingerprints must be taken by a person, group, or 27 agency approved by the department; the department shall maintain a list of persons, 28 groups, or agencies approved to take fingerprints and shall provide the list to the public 29 upon request; 30 (5) submits evidence of competence with handguns as provided in 31 AS 18.65.715;
01 (6) provides two frontal view color photographs of the person taken 02 within the preceding 30 days that include the head and shoulders of the person and are 03 of a size specified by the department; 04 (7) shows a valid Alaska driver's license or identification card at the time 05 of application; 06 (8) does not suffer a physical infirmity that prevents the safe handling 07 of a handgun; and 08 (9) pays the application fee required by AS 18.65.720. 09 * Sec. 4. AS 18.65.700(b) is amended to read: 10 (b) The department shall either approve or reject an application for a permit to 11 carry a concealed handgun under (a) of this section within 30  days of receipt of 12 [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 13 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 14 DETERMINATION CONCERNING] the application. [THE DEPARTMENT SHALL 15 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION 16 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.] The department 17 shall notify the applicant in writing of the reason for a rejection. 18 * Sec. 5. AS 18.65.700(d) is amended to read: 19 (d) A permit issued under (a) of this section is valid for five years from the date 20 of issue. The permit must specify the action types [AND MAXIMUM CALIBERS] of 21 handgun described in the permittee's certificate of competency under AS 18.65.715 but 22 may not specifically identify a handgun by make, model, or serial number. 23 * Sec. 6. AS 18.65.705(4) is amended to read: 24 (4) has not been convicted, within the five years immediately preceding 25 the application, of, and is not currently charged under a complaint, information, 26 indictment, or presentment with, any of the following misdemeanor offenses or similar 27 laws of another jurisdiction: 28 (A) AS 11.41.230, 11.41.250, 11.41.270; 29 (B) AS 11.46.315, [11.46.320, 11.46.330,] 11.46.430, 30 11.46.484(a)(1), (2), or (7) [11.46.484]; 31 (C) AS 11.51.130;
01 (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 02 [11.56.545,] 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800 03 [, 11.56.805]; 04 (E) AS 11.61.110(a)(3) - (7) [AS 11.61.110], 11.61.120, 05 11.61.210, 11.61.220, 11.61.240; or 06 (F) AS 11.71.050, 11.71.060; 07 * Sec. 7. AS 18.65.710(a)(3) is amended to read: 08 (3) a statement that the applicant has been furnished with a copy of the 09 state laws and regulations relating to concealed handguns [AS 18.65.700 - 10 18.65.790], has read those sections, and understands them; 11 * Sec. 8. AS 18.65.715(a) is amended to read: 12 (a) An applicant for a permit to carry a concealed handgun shall provide a 13 certificate of successful completion of a handgun course that is approved by the 14 department. The certificate must state the action type [AND CALIBER] of handgun or 15 handguns the applicant has demonstrated competence with and that the applicant may be 16 permitted to carry. A permittee may only carry as a concealed handgun an action type 17 of handgun described in the certificate. [A PERMITTEE MAY ONLY CARRY AS A 18 CONCEALED HANDGUN THE CALIBER OF THE ACTION TYPE THAT THE 19 PERMITTEE DEMONSTRATED COMPETENCE WITH OR ANY LESSER CALIBER 20 OF THE SAME ACTION TYPE.] The handgun course must have been completed 21 within the 12 months immediately preceding the application. The department shall 22 approve a handgun course, including the personal protection course offered by the 23 National Rifle Association, if the course tests the applicant's 24 (1) knowledge of Alaska law relating to firearms and the use of deadly 25 force; 26 (2) familiarity with the basic concepts of the safe and responsible use of 27 handguns; 28 (3) knowledge of self-defense principles; and 29 (4) physical competence with each action type of handgun the applicant 30 wishes to carry under the permit [AND THE MAXIMUM CALIBER FOR EACH 31 ACTION TYPE THE APPLICANT WISHES TO CARRY UNDER THE PERMIT].
01 * Sec. 9. AS 18.65 is amended by adding a new section to read: 02 Sec. 18.65.718. RECIPROCITY FOR HOLDERS OF CONCEALED HANDGUN 03 PERMITS FROM OTHER STATES. (a) The department may enter into agreements 04 with other states to provide reciprocity for holders of concealed handgun permits issued 05 by another state to be permitted to carry a concealed handgun in Alaska provided the 06 other state allows holders of concealed handgun permits issued under AS 18.65.700 - 07 18.65.790 to be permitted to carry concealed handguns in the other state. An agreement 08 under this section, at a minimum, must provide that for a person issued a concealed 09 handgun permit by another state to be reciprocally permitted in this state to carry a 10 concealed handgun the person must submit 11 (1) an application that provides information that is substantially similar 12 to that required under AS 18.65.710; 13 (2) sufficient information to verify that the person holds a concealed 14 handgun permit in the reciprocal state; and 15 (3) a reciprocal application fee that may not exceed the fee set for the 16 application and initial issuance of a permit under AS 18.65.720. 17 (b) A person receiving a reciprocal permit under this section may carry a 18 concealed handgun in the same manner and to the same extent as a person issued a 19 permit under AS 18.65.700. Following issuance of the permit, all aspects concerning the 20 regulation of the permit and the permittee are controlled by AS 18.65.700 - 18.65.790. 21 * Sec. 10. AS 18.65.720 is amended to read: 22 Sec. 18.65.720. FEES. The department shall charge a nonrefundable fee for the 23 processing of the application for and initial issuance of a permit, renewal of a permit, or 24 replacement of a permit. The fees shall be set by regulation and must be based on the 25 actual costs incurred by the department. However, the fee for the processing of an 26 application and initial issuance of a permit may not exceed $65 [$125] and the fee for 27 renewal of a permit or replacement of a permit may not exceed $30 [$60]. 28 * Sec. 11. AS 18.65.740(a) is amended to read: 29 (a) A permit to carry a concealed handgun shall be immediately revoked by the 30 department when the permittee 31 (1) becomes disqualified to receive and hold a permit under
01 AS 18.65.705; or 02 (2) [IS CONVICTED OF TWO CLASS A MISDEMEANORS OF THIS 03 STATE OR SIMILAR LAWS OF ANOTHER JURISDICTION WITHIN A FIVE- 04 YEAR PERIOD IF AT LEAST ONE OF THE CONVICTIONS OCCURS AFTER THE 05 APPLICATION; 06 (3)] knowingly supplied a false or fraudulent answer, statement, or 07 document, or made a material misstatement or omission, in connection with an 08 application for a permit or renewal or replacement of a permit. 09 * Sec. 12. AS 18.65.755(a) is amended to read: 10 (a) A permittee may not carry a concealed handgun into 11 (1) a law enforcement or correctional facility; 12 (2) or possess a concealed handgun within a building, on the grounds 13 or on the parking lot of a public or private preschool, elementary, junior high, or 14 secondary school except while the permittee, without entering a school building, 15 without detour or delay while on school grounds, and without being on a school 16 bus, directly escorted to or from the school, or picked up or dropped off at the 17 school, a person or thing; [ON SCHOOL GROUNDS OR A SCHOOL BUS; IN THIS 18 PARAGRAPH, "SCHOOL GROUNDS" HAS THE MEANING GIVEN IN 19 AS 11.71.900]; 20 (3) a courthouse or a courtroom of this state, unless the permittee 21 (A) is a judge; or 22 (B) has been authorized to possess a concealed handgun by a 23 judge presiding at that courthouse or courtroom; 24 (4) a [BUILDING HOUSING ONLY STATE OR FEDERAL OFFICES 25 OR THE OFFICES OF A POLITICAL SUBDIVISION OF THE STATE, EXCEPT 26 AS AUTHORIZED UNDER (3) OF THIS SUBSECTION; 27 (5) AN OFFICE OF THE STATE, FEDERAL GOVERNMENT, OR OF 28 A POLITICAL SUBDIVISION OF THE STATE THAT IS NOT LOCATED IN A 29 BUILDING DESCRIBED IN (4) OF THIS SUBSECTION; 30 (6) A PASSENGER LOADING OR UNLOADING AREA OF AN 31 AIRLINE TERMINAL;
01 (7) A VESSEL OF THE ALASKA MARINE HIGHWAY SYSTEM; 02 (8) A FACILITY PROVIDING SERVICES TO VICTIMS OF 03 DOMESTIC VIOLENCE OR SEXUAL ASSAULT; 04 (9) A RESIDENCE WHERE NOTICE THAT CARRYING A 05 CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY THE POSTING 06 OF A CONSPICUOUS NOTICE OR BY ORAL STATEMENT BY THE RESIDENT 07 TO THE PERMITTEE; 08 (10) A MEETING OF A BUSINESS, CHARITABLE, OR OTHER 09 ORGANIZATION OR ENTITY WHERE NOTICE THAT CARRYING A 10 CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY THE POSTING 11 OF CONSPICUOUS NOTICE; 12 (11) A FINANCIAL INSTITUTION; IN THIS PARAGRAPH, 13 "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS BANK, SAVINGS 14 ASSOCIATION, CREDIT UNION, OR OTHER INSTITUTION REGULATED BY 15 THE DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT UNDER 16 AS 06; 17 (12) ANOTHER] place where the possession of a deadly weapon or 18 firearm is prohibited by federal law; or 19 (5) [(13)] a municipality or established village that has prohibited the 20 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785. 21 * Sec. 13. AS 18.65.765(a) is amended to read: 22 (a) The holder of a permit issued under AS 18.65.700 - 18.65.790 23 (1) shall notify the department of a change in the permittee's address 24 within 30 days; 25 (2) shall immediately report a lost, stolen, or illegible permit to the 26 department; 27 (3) shall immediately notify the department if the holder is no longer 28 qualified to hold a permit under AS 18.65.705; and 29 (4) may only carry a concealed handgun of the action type [AND 30 CALIBER] the holder has demonstrated competency with [OR OF ANY LESSER 31 CALIBER OF THE SAME ACTION TYPE] as authorized in the permit issued under
01 AS 18.65.700. 02 * Sec. 14. AS 18.65.790(3) is amended to read: 03 (3) "concealed handgun" means a firearm, that is a pistol or a revolver, 04 and that is covered or enclosed in any manner so that an observer cannot determine that 05 it is a handgun without removing it from that which covers or encloses it or without 06 opening, lifting, or removing that which covers or encloses it; however, "concealed 07 handgun" does not include a shotgun or [,] rifle, [DERRINGER OR OTHER 08 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200 [; 09 IN THIS PARAGRAPH, 10 (A) "DERRINGER" MEANS A HANDGUN THAT HAS 11 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF 12 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER 13 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH 14 IS PART OF THE FRAME; AND 15 (B) "MINIATURE HANDGUN" MEANS A HANDGUN THAT 16 HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES OR LESS 17 AND LACKS A MANUFACTURER'S INSTALLED TRIGGER GUARD 18 THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH IS PART 19 OF THE FRAME]; 20 * Sec. 15. AS 18.65.705(5), 18.65.705(9), and 18.65.725(c) are repealed.