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CSSB 177(FIN): "An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries."

00 CS FOR SENATE BILL NO. 177(FIN)                                                                                         
01 "An Act relating to permits to carry concealed handguns; and relating to                                                
02 possession of firearms on state ferries."                                                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 11.61.220(b) is amended to read:                                                                    
05  (b)  In a prosecution under (a)(1) of this section, it is an affirmative defense                                      
06 that the defendant, at the time of possession, was                                                                      
07   (1)  in the defendant's dwelling or on land owned or leased by the                                                   
08 defendant appurtenant to the dwelling;                                                                                  
09   (2)  actually engaged in lawful hunting, fishing, trapping, or other lawful                                          
10 outdoor activity that necessarily involves the carrying of a weapon for personal                                        
11 protection; [OR]                                                                                                        
12   (3)  the holder of a valid permit to carry a concealed handgun under                                                 
13 AS 18.65.700 - 18.65.790, the deadly weapon concealed was a concealed handgun as                                      
14 defined in AS 18.65.790, and the possession did not occur in a municipality or                                          
01 established village in which the possession of concealed handguns is prohibited under                                   
02 AS 18.65.780 - 18.65.785; or                                                                                           
03   (4)  the holder of a valid permit to carry a concealed handgun                                                       
04 issued by another state if the state that issued the permit allows persons holding                                      
05 permits issued under AS 18.65.700 - 18.65.790 to carry a concealed handgun in                                           
06 that state as determined by the Department of Public Safety, and                                                        
07   (A)  the deadly weapon concealed was a concealed handgun                                                            
08 as defined in AS 18.65.790; and                                                                                         
09   (B)  the possession did not occur in a municipality or                                                              
10 established village in which the possession of concealed handguns is                                                    
11 prohibited under AS 18.65.780 - 18.65.785.                                                                             
12    * Sec. 2.  AS 11.61.220(d) is amended to read:                                                                       
13  (d)  In a prosecution under (a)(2) of this section, it is                                                             
14   (1)  an affirmative defense that the defendant, at the time of                                                      
15 possession, was the holder of a valid permit to carry a concealed handgun under                                         
16 AS 18.65.700 - 18.65.790, the loaded firearm was a concealed handgun as defined                                         
17 in AS 18.65.790, the defendant did not consume an intoxicating liquor at the place                                      
18 where the possession occurred and did not consume an intoxicating liquor at any                                         
19 time during the eight hours before the possession, and the possession did not                                           
20 occur in a municipality or established village in which the possession of concealed                                     
21 handguns is prohibited under AS 18.65.780 - 18.65.785;                                                                 
22   (2)  a defense that the defendant, at the time of possession, was on                                              
23 business premises                                                                                                      
24   (A)  [(1) ON BUSINESS PREMISES] owned by or leased by                                                             
25 the defendant; or                                                                                                       
26   (B)  [(2) ON BUSINESS PREMISES] in the course of the                                                              
27 defendant's employment for the owner or lessee of those premises.                                                       
28    * Sec. 3.  AS 18.65.700(a) is amended to read:                                                                       
29  (a)  The department shall issue a permit to carry a concealed handgun to a person                                     
30 who                                                                                                                     
31   (1)  applies in person at an office of the Alaska State Troopers;                                                    
01   (2)  qualifies under AS 18.65.705;                                                                                   
02   (3)  submits a completed application on a form provided by the                                                       
03 department, that provides the information required under AS 18.65.705 and 18.65.710                                     
04 and is executed under oath; with each application form provided by the department,                                     
05 the department shall provide a copy of the state laws and regulations relating to                                       
06 concealed handguns;                                                                                                    
07   (4)  submits two complete sets of fingerprints on Federal Bureau of                                                  
08 Investigation approved fingerprint cards that are of sufficient quality so that the                                     
09 fingerprints may be processed; the fingerprints must be taken by a person, group, or                                    
10 agency approved by the department; the department shall maintain a list of persons,                                     
11 groups, or agencies approved to take fingerprints and shall provide the list to the public                              
12 upon request;                                                                                                           
13   (5)  submits evidence of competence with handguns as provided in                                                     
14 AS 18.65.715;                                                                                                           
15   (6)  provides two frontal view color photographs of the person taken                                                 
16 within the preceding 30 days that include the head and shoulders of the person and are                                  
17 of a size specified by the department;                                                                                  
18   (7)  shows a valid Alaska driver's license or identification card at the time                                        
19 of application;                                                                                                         
20   (8)  does not suffer a physical infirmity that prevents the safe handling                                            
21 of a handgun; and                                                                                                       
22   (9)  pays the application fee required by AS 18.65.720.                                                              
23    * Sec. 4.   AS 18.65.700(b) is amended to read:                                                                      
24  (b)  The department shall either approve or reject an application for a permit to                                     
25 carry a concealed handgun under (a) of this section within 30 [15] days of receipt of                                 
26 [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF                                                              
27 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A                                                                       
28 DETERMINATION CONCERNING] the application.  [THE DEPARTMENT SHALL                                                       
29 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION                                                            
30 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.]  The department                                                    
31 shall notify the applicant in writing of the reason for a rejection.                                                    
01    * Sec. 5.   AS 18.65.700(d) is amended to read:                                                                      
02  (d)  A permit issued under (a) of this section is valid for five years from the date                                  
03 of issue.  The permit must specify the action types [AND MAXIMUM CALIBERS] of                                           
04 handgun described in the permittee's certificate of competency under AS 18.65.715 but                                   
05 may not specifically identify a handgun by make, model, or serial number.                                               
06    * Sec. 6.  AS 18.65.705(4) is amended to read:                                                                       
07   (4)  has not been convicted, within the five years immediately preceding                                             
08 the application, of, and is not currently charged under a complaint, information,                                       
09 indictment, or presentment with, any of the following misdemeanor offenses or similar                                   
10 laws of another jurisdiction:                                                                                           
11   (A)  AS 11.41.230, 11.41.250, 11.41.270;                                                                            
12   (B)  AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484;                                                      
13   (C)  AS 11.51.130;                                                                                                  
14   (D)  AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380,                                                       
15 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800,                                            
16 11.56.805;                                                                                                              
17   (E)  AS 11.61.110(a)(3) - (7) [AS 11.61.110], 11.61.120,                                                          
18 11.61.210, 11.61.220, 11.61.240; or                                                                                     
19   (F)  AS 11.71.050, 11.71.060;                                                                                       
20    * Sec. 7.  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 concealed handguns [AS 18.65.700 -                                              
23 18.65.790], has read those sections, and understands them;                                                              
24    * Sec. 8.  AS 18.65.715(a) is amended to read:                                                                       
25  (a)  An applicant for a permit to carry a concealed handgun shall provide a                                           
26 certificate of successful completion of a handgun course that is approved by the                                        
27 department. The certificate must state the action type [AND CALIBER] of handgun or                                      
28 handguns the applicant has demonstrated competence with and that the applicant may be                                   
29 permitted to carry.  A permittee may only carry as a concealed handgun an action type                                   
30 of handgun described in the certificate.  [A PERMITTEE MAY ONLY CARRY AS A                                              
31 CONCEALED HANDGUN THE CALIBER OF THE ACTION TYPE THAT THE                                                               
01 PERMITTEE DEMONSTRATED COMPETENCE WITH OR ANY LESSER CALIBER                                                            
02 OF THE SAME ACTION TYPE.]  The handgun course must have been completed                                                  
03 within the 12 months immediately preceding the application. The department shall                                        
04 approve a handgun course, including the personal protection course offered by the                                       
05 National Rifle Association, if the course tests the applicant's                                                         
06   (1)  knowledge of Alaska law relating to firearms and the use of deadly                                              
07 force;                                                                                                                  
08   (2)  familiarity with the basic concepts of the safe and responsible use of                                          
09 handguns;                                                                                                               
10   (3)  knowledge of self-defense principles; and                                                                       
11   (4)  physical competence with each action type of handgun the applicant                                              
12 wishes to carry under the permit [AND THE MAXIMUM CALIBER FOR EACH                                                      
13 ACTION TYPE THE APPLICANT WISHES TO CARRY UNDER THE PERMIT].                                                            
14    * Sec. 9.  AS 18.65.720 is amended to read:                                                                          
15  Sec. 18.65.720.  FEES.  The department shall charge a nonrefundable fee for the                                       
16 processing of the application for and initial issuance of a permit, renewal of a permit, or                             
17 replacement of a permit.  The fees shall be set by regulation and must be based on the                                  
18 actual costs incurred by the department.  However, the fee for the processing of an                                     
19 application and initial issuance of a permit may not exceed $99 [$125] and the fee for                                
20 renewal of a permit or replacement of a permit may not exceed $30 [$60].                                              
21    * Sec. 10.  AS 18.65.740(a) is amended to read:                                                                      
22  (a)  A permit to carry a concealed handgun shall be immediately revoked by the                                        
23 department when the permittee                                                                                           
24   (1)  becomes disqualified to receive and hold a permit under                                                         
25 AS 18.65.705; or                                                                                                      
26   (2)  [IS CONVICTED OF TWO CLASS A MISDEMEANORS OF THIS                                                               
27 STATE OR SIMILAR LAWS OF ANOTHER JURISDICTION WITHIN A FIVE-                                                            
28 YEAR PERIOD IF AT LEAST ONE OF THE CONVICTIONS OCCURS AFTER THE                                                         
29 APPLICATION;                                                                                                            
30   (3)]  knowingly supplied a false or fraudulent answer, statement, or                                                 
31 document, or made a material misstatement or omission, in connection with an                                            
01 application for a permit or renewal or replacement of a permit.                                                         
02    * Sec. 11.  AS 18.65.755(a) is amended to read:                                                                      
03  (a)  A permittee may not carry a concealed handgun into                                                               
04   (1)  a law enforcement or correctional facility;                                                                     
05   (2)  or on school grounds or a school bus; in this paragraph, "school                                                
06 grounds" has the meaning given in AS 11.71.900;                                                                         
07   (3)  a courthouse or a courtroom of this state, unless the permittee                                                 
08   (A)  is a judge; or                                                                                                 
09   (B)  has been authorized to possess a concealed handgun by a                                                        
10 judge presiding at that courthouse or courtroom;                                                                        
11    (4)  a [BUILDING HOUSING ONLY STATE OR FEDERAL OFFICES                                                              
12 OR THE OFFICES OF A POLITICAL SUBDIVISION OF THE STATE, EXCEPT                                                          
13 AS AUTHORIZED UNDER (3) OF THIS SUBSECTION;                                                                             
14   (5)  AN OFFICE OF THE STATE, FEDERAL GOVERNMENT, OR OF                                                               
15 A POLITICAL SUBDIVISION OF THE STATE THAT IS NOT LOCATED IN A                                                           
16 BUILDING DESCRIBED IN (4) OF THIS SUBSECTION;                                                                           
17   (6)  A PASSENGER LOADING OR UNLOADING AREA OF AN                                                                     
18 AIRLINE TERMINAL;                                                                                                       
19   (7)  A VESSEL OF THE ALASKA MARINE HIGHWAY SYSTEM;                                                                   
20   (8)  A] facility providing services to victims of domestic violence or                                               
21 sexual assault;                                                                                                         
22   (5) [(9)]  a residence, other than the permittee's residence, unless the                                          
23 permittee has first obtained the express permission to bring a concealed handgun                                        
24 into the residence from an adult residing there [WHERE NOTICE THAT                                                     
25 CARRYING A CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY                                                            
26 THE POSTING OF A CONSPICUOUS NOTICE OR BY ORAL STATEMENT BY                                                             
27 THE RESIDENT TO THE PERMITTEE;                                                                                          
28   (10)  A MEETING OF A BUSINESS, CHARITABLE, OR OTHER                                                                  
29 ORGANIZATION OR ENTITY WHERE NOTICE THAT CARRYING A                                                                     
30 CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY THE POSTING                                                           
31 OF CONSPICUOUS NOTICE;                                                                                                  
01   (11)  A FINANCIAL INSTITUTION; IN THIS PARAGRAPH,                                                                    
02 "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS BANK, SAVINGS                                                             
03 ASSOCIATION, CREDIT UNION, OR OTHER INSTITUTION REGULATED BY                                                            
04 THE DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT UNDER                                                               
05 AS 06];                                                                                                                 
06   (6)  a [(12)  ANOTHER] place where the possession of a deadly weapon                                               
07 or firearm is prohibited by a statute of this state or a law of the federal government                                
08 [LAW]; or                                                                                                               
09   (7) [(13)]  a municipality or established village that has prohibited the                                          
10 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785.                                            
11    * Sec. 12.  AS 18.65.765(a) is amended to read:                                                                      
12  (a)  The holder of a permit issued under AS 18.65.700 - 18.65.790                                                     
13   (1)  shall notify the department of a change in the permittee's address                                              
14 within 30 days;                                                                                                         
15   (2)  shall immediately report a lost, stolen, or illegible permit to the                                             
16 department;                                                                                                             
17   (3)  shall immediately notify the department if the holder is no longer                                              
18 qualified to hold a permit under AS 18.65.705; and                                                                      
19   (4)  may only carry a concealed handgun of the action type [AND                                                      
20 CALIBER] the holder has demonstrated competency with [OR OF ANY LESSER                                                  
21 CALIBER OF THE SAME ACTION TYPE] as authorized in the permit issued under                                               
22 AS 18.65.700.                                                                                                           
23    * Sec. 13.  AS 18.65.790(3) is amended to read:                                                                      
24   (3)  "concealed handgun" means a firearm, that is a pistol or a revolver,                                            
25 and that is covered or enclosed in any manner so that an observer cannot determine that                                 
26 it is a handgun without removing it from that which covers or encloses it or without                                    
27 opening, lifting, or removing that which covers or encloses it; however, "concealed                                     
28 handgun" does not include a shotgun or [,] rifle, [DERRINGER OR OTHER                                                 
29 MINIATURE HANDGUN,] or a prohibited weapon as defined under AS 11.61.200 [;                                             
30 IN THIS PARAGRAPH,                                                                                                      
31   (A)  "DERRINGER" MEANS A HANDGUN THAT HAS                                                                           
01 INDIVIDUAL BARRELS FOR EACH CARTRIDGE IT IS CAPABLE OF                                                                  
02 FIRING AND LACKS A MANUFACTURER'S INSTALLED TRIGGER                                                                     
03 GUARD THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH                                                                   
04 IS PART OF THE FRAME; AND                                                                                               
05   (B)  "MINIATURE HANDGUN" MEANS A HANDGUN THAT                                                                       
06 HAS A BARREL LENGTH OF THREE AND ONE-HALF INCHES OR LESS                                                                
07 AND LACKS A MANUFACTURER'S INSTALLED TRIGGER GUARD                                                                      
08 THAT COMPLETELY ENCIRCLES THE TRIGGER AND WHICH IS PART                                                                 
09 OF THE FRAME];                                                                                                          
10    * Sec. 14.  AS 19.65 is amended by adding a new section to read:                                                     
11  Sec. 19.65.055.  POSSESSION OF FIREARMS ABOARD FERRIES.  (a)  A                                                       
12 person may not possess or carry a firearm while aboard a vessel of the Alaska marine                                    
13 highway system unless the person                                                                                        
14   (1)  is a peace officer;                                                                                             
15   (2)  secures the firearm in a locked propelled vehicle; or                                                           
16   (3)  upon boarding, allows the purser to hold and secure the firearm                                                 
17 until the person disembarks from the vessel.                                                                            
18  (b)  In this section, "firearm" and "propelled vehicle" have the meanings given                                       
19 in AS 11.81.900.                                                                                                        
20    * Sec. 15.  AS 18.65.705(5), 18.65.705(9), and 18.65.725(c) are repealed.