HCS CSSB 177(JUD): "An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries."
00HOUSE CS FOR CS FOR SENATE BILL NO. 177(JUD) 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 11.61.210 is amended by adding a new subsection to read: 05 (e) In a prosecution under (a)(7) of this section, it is an affirmative defense 06 that the defendant, at the time of possession, was the holder of a valid permit to carry 07 a concealed handgun under AS 18.65.700 - 18.65.790, the deadly weapon was a 08 concealed handgun as defined in AS 18.65.790, and the possession 09 (1) occurred within a propelled vehicle, other than a school bus, and 10 the defendant did not exit the propelled vehicle; and 11 (2) did not occur in a municipality or established village in which the 12 possession of a concealed handgun is prohibited under AS 18.65.780 - 18.65.785. 13 * Sec. 2. AS 11.61.220(d) is amended to read: 14 (d) In a prosecution under (a)(2) of this section, it is
01 (1) an affirmative defense that the defendant, at the time of 02 possession, was the holder of a valid permit to carry a concealed handgun under 03 AS 18.65.700 - 18.65.790, the loaded firearm was a concealed handgun as defined 04 in AS 18.65.790, the defendant did not consume an intoxicating liquor at the place 05 where the possession occurred and did not consume an intoxicating liquor at any 06 time during the eight hours before the possession, and the possession did not 07 occur in a municipality or established village in which the possession of concealed 08 handguns is prohibited under AS 18.65.780 - 18.65.785; 09 (2) a defense that the defendant, at the time of possession, was on 10 business premises 11 (A) [(1) ON BUSINESS PREMISES] owned by or leased by the 12 defendant; or 13 (B) [(2) ON BUSINESS PREMISES] in the course of the 14 defendant's employment for the owner or lessee of those premises. 15 * Sec. 3. AS 18.65.700(a) is amended to read: 16 (a) The department shall issue a permit to carry a concealed handgun to a person 17 who 18 (1) applies in person at an office of the Alaska State Troopers; 19 (2) qualifies under AS 18.65.705; 20 (3) submits a completed application on a form provided by the 21 department, that provides the information required under AS 18.65.705 and 18.65.710 22 and is executed under oath; with each application form provided by the department, 23 the department shall provide a copy of the state laws and regulations relating to 24 concealed handguns; 25 (4) submits two complete sets of fingerprints on federal bureau of 26 investigation approved fingerprint cards that are of sufficient quality so that the 27 fingerprints may be processed; the fingerprints must be taken by a person, group, or 28 agency approved by the department; the department shall maintain a list of persons, 29 groups, or agencies approved to take fingerprints and shall provide the list to the public 30 upon request; 31 (5) submits evidence of competence with handguns as provided in
01 AS 18.65.715; 02 (6) provides two frontal view color photographs of the person taken 03 within the preceding 30 days that include the head and shoulders of the person and are 04 of a size specified by the department; 05 (7) shows a valid Alaska driver's license or identification card at the time 06 of application; 07 (8) does not suffer a physical infirmity that prevents the safe handling 08 of a handgun; and 09 (9) pays the application fee required by AS 18.65.720. 10 * Sec. 4. AS 18.65.700(b) is amended to read: 11 (b) The department shall either approve or reject an application for a permit to 12 carry a concealed handgun under (a) of this section within 30  days of receipt of 13 [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF 14 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A 15 DETERMINATION CONCERNING] the application. [THE DEPARTMENT SHALL 16 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION 17 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.] The department 18 shall notify the applicant in writing of the reason for a rejection. 19 * Sec. 5. AS 18.65.705 is amended to read: 20 Sec. 18.65.705. QUALIFICATIONS TO OBTAIN A PERMIT. A person is 21 qualified to receive and hold a permit to carry a concealed handgun if the person 22 (1) is 21 years of age or older; 23 (2) is eligible to own or possess a firearm under the laws of this state 24 and under federal law; 25 (3) has not been convicted of and is not currently charged under a 26 complaint, information, indictment, or presentment with a felony under the laws of this 27 state or a similar law of another jurisdiction; 28 (4) has not been convicted, within the five years immediately preceding 29 the application, of, and is not currently charged under a complaint, information, 30 indictment, or presentment with, any of the following misdemeanor offenses or similar 31 laws of another jurisdiction:
01 (A) AS 11.41.230, 11.41.250, 11.41.270; 02 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 03 (C) AS 11.51.130; 04 (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 05 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 06 11.56.805; 07 (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 08 or 09 (F) AS 11.71.050, 11.71.060; 10 (5) has not been convicted of two or more class A misdemeanors of this 11 state or similar laws of another jurisdiction within the five years immediately preceding 12 the application; 13 (6) has not within the 10 years immediately preceding the application 14 been adjudicated a delinquent for a felony offense of this state or another jurisdiction; 15 (7) is not now suffering, and has not within the five years immediately 16 preceding the application suffered, from a mental illness as defined in AS 47.30.915; 17 (8) has not been adjudicated as mentally incapacitated by a court of this 18 state, another state, territory, or jurisdiction, or of the United States, unless the 19 guardianship or similar arrangement has been closed or terminated and five years have 20 elapsed since the closure or other termination; 21 (9) is a resident of the state and has been for the 90 days [ONE YEAR] 22 immediately preceding the application for a permit; 23 (10) has not been discharged from the armed forces of the United States 24 under dishonorable conditions; 25 (11) is not an alien who is residing in the United States illegally or a 26 former citizen of the United States who has renounced the person's citizenship; 27 (12) is not an unlawful user of, or addicted to, a controlled substance; 28 (13) is not now the subject of an injunction under AS 25.35.010 - 29 25.35.020 unless the injunction has been dissolved or has expired; 30 (14) is not now in and has not in the three years immediately preceding 31 the application been ordered by a court to complete an alcohol treatment program;
01 (15) is not now in and has not in the three years immediately preceding 02 the application entered a substance abuse treatment program; and 03 (16) has demonstrated competence with handguns as provided in 04 AS 18.65.715. 05 * Sec. 6. AS 18.65.710(a)(3) is amended to read: 06 (3) a statement that the applicant has been furnished with a copy of the 07 state laws and regulations relating to concealed handguns [AS 18.65.700 - 08 18.65.790], has read those sections, and understands them; 09 * Sec. 7. AS 18.65.715 is amended by adding a new subsection to read: 10 (e) Notwithstanding (a) of this section, an honorably retired peace officer who 11 applies for a permit to carry a concealed handgun within one year of the officer's 12 retirement shall be presumed by the department to have satisfied the demonstration of 13 competency required of an applicant for a permit. A demonstration of competency under 14 this section for an honorably retired peace officer 15 (1) is for any action type or caliber; 16 (2) only applies to the initial demonstration of competency; to renew a 17 concealed handgun permit, an honorably retired peace officer must demonstrate 18 competency as provided in (b) of this section. 19 * Sec. 8. AS 18.65 is amended by adding a new section to read: 20 Sec. 18.65.718. RECIPROCITY FOR HOLDERS OF CONCEALED 21 HANDGUN PERMITS FROM OTHER STATES. (a) The department may enter into 22 agreements with other states to provide reciprocity for holders of concealed handgun 23 permits issued by another state to be permitted to carry a concealed handgun in Alaska 24 provided the other state allows holders of concealed handgun permits issued under 25 AS 18.65.700 - 18.65.790 to be permitted to carry concealed handguns in the other state. 26 An agreement under this section, at a minimum, must provide that for a person issued 27 a concealed handgun permit by another state to be reciprocally permitted in this state to 28 carry a concealed handgun the person must submit 29 (1) an application executed under oath that provides information that is 30 substantially similar to that required under AS 18.65.710, including the statement 31 required under AS 18.65.710(a)(3);
01 (2) sufficient information to verify that the person holds a concealed 02 handgun permit in the reciprocal state and to allow the department to register that permit; 03 and 04 (3) a reciprocal application fee that may not exceed the fee set for the 05 application and initial issuance of a permit under AS 18.65.720. 06 (b) A person receiving a reciprocal permit under this section may carry a 07 concealed handgun in the same manner and to the same extent as a person issued a 08 permit under AS 18.65.700. Following issuance of the permit, all aspects concerning the 09 regulation of the permit and the permittee are controlled by AS 18.65.700 - 18.65.790. 10 * Sec. 9. AS 18.65.720 is amended to read: 11 Sec. 18.65.720. FEES. The department shall charge a nonrefundable fee for the 12 processing of the application for and initial issuance of a permit, renewal of a permit, or 13 replacement of a permit. The fees shall be set by regulation and must be based on the 14 actual costs incurred by the department. However, the fee for the processing of an 15 application and initial issuance of a permit may not exceed $99 [$125] and the fee for 16 renewal of a permit or replacement of a permit may not exceed $30 [$60]. 17 * Sec. 10. AS 18.65.755(a) is amended to read: 18 (a) A permittee may not carry a concealed handgun into or possess a concealed 19 handgun within 20 (1) a law enforcement or correctional facility; 21 (2) or on school grounds or a school bus other than while in a 22 propelled vehicle, other than a school bus, and the permittee does not exit the 23 vehicle; in this paragraph, "school grounds" has the meaning given in AS 11.71.900; 24 (3) a courthouse or a courtroom of this state, unless the permittee 25 (A) is a judge; or 26 (B) has been authorized to possess a concealed handgun by a 27 judge presiding at that courthouse or courtroom; 28 (4) [A BUILDING HOUSING ONLY STATE OR FEDERAL OFFICES 29 OR THE OFFICES OF A POLITICAL SUBDIVISION OF THE STATE, EXCEPT 30 AS AUTHORIZED UNDER (3) OF THIS SUBSECTION; 31 (5) AN OFFICE OF THE STATE, FEDERAL GOVERNMENT, OR OF
01 A POLITICAL SUBDIVISION OF THE STATE THAT IS NOT LOCATED IN A 02 BUILDING DESCRIBED IN (4) OF THIS SUBSECTION; 03 (6) A PASSENGER LOADING OR UNLOADING AREA OF AN 04 AIRLINE TERMINAL; 05 (7)] a vessel of the Alaska marine highway system as prohibited by 06 AS 19.65.055; 07 (5) [(8)] a facility providing services to victims of domestic violence or 08 sexual assault; 09 (6) [(9)] a residence other than the permittee's residence, unless the 10 permittee has first obtained the express permission to bring a concealed handgun 11 into the residence from an adult residing there [WHERE NOTICE THAT 12 CARRYING A CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY 13 THE POSTING OF A CONSPICUOUS NOTICE OR BY ORAL STATEMENT BY 14 THE RESIDENT TO THE PERMITTEE]; 15 (7) [(10)] a facility or meeting of a business, charitable, or other 16 organization or entity where notice that carrying a concealed handgun is prohibited has 17 been given by the posting of conspicuous notice; 18 (8) [(11)] a [FINANCIAL INSTITUTION; IN THIS PARAGRAPH, 19 "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS BANK, SAVINGS 20 ASSOCIATION, CREDIT UNION, OR OTHER INSTITUTION REGULATED BY 21 THE DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT UNDER 22 AS 06; 23 (12) ANOTHER] place where the possession of a deadly weapon or 24 firearm is prohibited by federal law; [OR] 25 (9) [(13)] a municipality or established village that has prohibited the 26 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785; or 27 (10) a health care facility; in this paragraph, "health care facility" 28 means a hospital, nursing home, public health center, outpatient clinic, facility for 29 the developmentally disabled, rehabilitation facility, drug abuse and alcoholism 30 treatment facility, mental health center, or health care unit within a sheltered care 31 home or within a home for senior citizens.
01 * Sec. 11. AS 18.65.755(c) is amended to read: 02 (c) In addition to any other penalty provided by law, a person who violates (a) 03 of this section is guilty of a violation punishable as provided in AS 12.55.035 for the 04 first offense, a class B misdemeanor for the second offense, and a class A 05 misdemeanor for the third or subsequent offense. 06 * Sec. 12. AS 19.65 is amended by adding a new section to read: 07 Sec. 19.65.055. POSSESSION OF FIREARMS ABOARD FERRIES. (a) A 08 person may not possess or carry a firearm while aboard a vessel of the Alaska marine 09 highway system unless the person 10 (1) is a peace officer; 11 (2) secures the firearm in a locked propelled vehicle; or 12 (3) upon boarding, allows the purser to hold and secure the firearm 13 until the person disembarks from the vessel. 14 (b) In this section, "firearm" and "propelled vehicle" have the meanings given 15 in AS 11.81.900. 16 * Sec. 13. AS 18.65.725(c) is repealed.