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

00 HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) am H                                                                       
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 have more than 0.04 percent by weight                                         
19 of alcohol in the person's blood, more than 40 milligrams of alcohol per 100                                            
20 milligrams of blood, or more than 0.04 grams of alcohol per 210 liters of the                                           
21 person's breath, as determined by a chemical test taken within four hours after                                         
22 the offense was committed, and the possession did not occur in a municipality or                                        
23 established village in which the possession of concealed handguns is prohibited                                         
24 under AS 18.65.780 - 18.65.785;                                                                                        
25   (2)  a defense that the defendant, at the time of possession, was on                                              
26 business premises                                                                                                      
27   (A) [(1) ON BUSINESS PREMISES] owned by or leased by the                                                          
28 defendant; or                                                                                                           
29   (B) [(2) ON BUSINESS PREMISES] in the course of the                                                               
30 defendant's employment for the owner or lessee of those premises.                                                       
31    * Sec. 3.  AS 11.61.220 is amended by adding a new subsection to read:                                               
01  (h)  When the holder of a valid permit to carry a concealed handgun under                                             
02 AS 18.65.700 - 18.65.790 is charged by a peace officer or arrested for violating (a)(2)                                 
03 of this section, the holder may request the peace officer to conduct a blood or breath                                  
04 test, at the expense of the holder, to determine the holder's blood alcohol level for use                               
05 under (d)(1) of this section.                                                                                           
06    * Sec. 4.  AS 18.65.700(a) is amended to read:                                                                       
07  (a)  The department shall issue a permit to carry a concealed handgun to a                                            
08 person who                                                                                                              
09   (1)  applies in person at an office of the Alaska State Troopers;                                                    
10   (2)  qualifies under AS 18.65.705;                                                                                   
11   (3)  submits a completed application on a form provided by the                                                       
12 department, that provides the information required under AS 18.65.705 and 18.65.710                                     
13 and is executed under oath; with each application form provided by the                                                 
14 department, the department shall provide a copy of the state laws and regulations                                       
15 relating to concealed handguns;                                                                                        
16   (4)  submits two complete sets of fingerprints on federal bureau of                                                  
17 investigation approved fingerprint cards that are of sufficient quality so that the                                     
18 fingerprints may be processed; the fingerprints must be taken by a person, group, or                                    
19 agency approved by the department; the department shall maintain a list of persons,                                     
20 groups, or agencies approved to take fingerprints and shall provide the list to the                                     
21 public upon request;                                                                                                    
22   (5)  submits evidence of competence with handguns as provided in                                                     
23 AS 18.65.715;                                                                                                           
24   (6)  provides two frontal view color photographs of the person taken                                                 
25 within the preceding 30 days that include the head and shoulders of the person and are                                  
26 of a size specified by the department;                                                                                  
27   (7)  shows a valid Alaska driver's license or identification card at the                                             
28 time of application;                                                                                                    
29   (8)  does not suffer a physical infirmity that prevents the safe handling                                            
30 of a handgun; and                                                                                                       
31   (9)  pays the application fee required by AS 18.65.720.                                                              
01    * Sec. 5.   AS 18.65.700(b) is amended to read:                                                                      
02  (b)  The department shall either approve or reject an application for a permit                                        
03 to carry a concealed handgun under (a) of this section within 30 [15] days of receipt                                 
04 of [PERMIT ELIGIBILITY INFORMATION FROM THE FEDERAL BUREAU OF                                                           
05 INVESTIGATION OR OTHER AGENCY NECESSARY TO MAKE A                                                                       
06 DETERMINATION CONCERNING] the application.  [THE DEPARTMENT SHALL                                                       
07 REQUEST PERMIT ELIGIBILITY INFORMATION UNDER THIS SUBSECTION                                                            
08 WITHIN FIVE DAYS OF THE RECEIPT OF THE APPLICATION.]  The department                                                    
09 shall notify the applicant in writing of the reason for a rejection.                                                    
10    * Sec. 6.   AS 18.65.705 is amended to read:                                                                         
11  Sec. 18.65.705.  QUALIFICATIONS TO OBTAIN A PERMIT.  A person is                                                      
12 qualified to receive and hold a permit to carry a concealed handgun if the person                                       
13   (1)  is 21 years of age or older;                                                                                    
14   (2)  is eligible to own or possess a firearm under the laws of this state                                            
15 and under federal law;                                                                                                  
16   (3)  has not been convicted of and is not currently charged under a                                                  
17 complaint, information, indictment, or presentment with a felony under the laws of this                                 
18 state or a similar law of another jurisdiction;                                                                         
19   (4)  has not been convicted, within the five years immediately preceding                                             
20 the application, of, and is not currently charged under a complaint, information,                                       
21 indictment, or presentment with, any of the following misdemeanor offenses or similar                                   
22 laws of another jurisdiction:                                                                                           
23   (A)  AS 11.41.230, 11.41.250, 11.41.270;                                                                            
24   (B)  AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484;                                                      
25   (C)  AS 11.51.130;                                                                                                  
26   (D)  AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380,                                                       
27 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800,                                            
28 11.56.805;                                                                                                              
29   (E)  AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240;                                                      
30 or                                                                                                                      
31   (F)  AS 11.71.050, 11.71.060;                                                                                       
01   (5)  has not been convicted of two or more class A misdemeanors of                                                   
02 this state or similar laws of another jurisdiction within the five years immediately                                    
03 preceding the application;                                                                                              
04   (6)  has not within the 10 years immediately preceding the application                                               
05 been adjudicated a delinquent for a felony offense of this state or another jurisdiction;                               
06   (7)  is not now suffering, and has not within the five years immediately                                             
07 preceding the application suffered, from a mental illness as defined in AS 47.30.915;                                   
08   (8)  has not been adjudicated as mentally incapacitated by a court of this                                           
09 state, another state, territory, or jurisdiction, or of the United States, unless the                                   
10 guardianship or similar arrangement has been closed or terminated and five years have                                   
11 elapsed since the closure or other termination;                                                                         
12   (9)  is a resident of the state and has been for the 90 days [ONE                                                  
13 YEAR] immediately preceding the application for a permit;                                                               
14   (10)  has not been discharged from the armed forces of the United                                                    
15 States under dishonorable conditions;                                                                                   
16   (11)  is not an alien who is residing in the United States illegally or a                                            
17 former citizen of the United States who has renounced the person's citizenship;                                         
18   (12)  is not an unlawful user of, or addicted to, a controlled substance;                                            
19   (13)  is not now the subject of an injunction under AS 25.35.010 -                                                   
20 25.35.020 unless the injunction has been dissolved or has expired;                                                      
21   (14)  is not now in and has not in the three years immediately preceding                                             
22 the application been ordered by a court to complete an alcohol treatment program;                                       
23   (15)  is not now in and has not in the three years immediately preceding                                             
24 the application entered a substance abuse treatment program; and                                                        
25   (16)  has demonstrated competence with handguns as provided in                                                       
26 AS 18.65.715; or is a peace officer who has successfully completed Alaska Police                                       
27 Standards Council Training within the last year, including firearms training and                                        
28 qualification.                                                                                                         
29    * Sec. 7.  AS 18.65.710(a)(3) is amended to read:                                                                    
30   (3)  a statement that the applicant has been furnished with a copy of the                                           
31 state laws and regulations relating to concealed handguns [AS 18.65.700 -                                              
01 18.65.790], has read those sections, and understands them;                                                              
02    * Sec. 8.  AS 18.65.715 is amended by adding a new subsection to read:                                               
03  (e)  Notwithstanding (a) of this section, an honorably retired peace officer who                                      
04 applies for a permit to carry a concealed handgun within one year of the officer's                                      
05 retirement shall be presumed by the department to have satisfied the demonstration of                                   
06 competency required of an applicant for a permit.  A demonstration of competency                                        
07 under this section for an honorably retired peace officer                                                               
08   (1)  is for any action type or caliber;                                                                              
09   (2)  only applies to the initial demonstration of competency; to renew                                               
10 a concealed handgun permit, an honorably retired peace officer must demonstrate                                         
11 competency as provided in (b) of this section.                                                                          
12    * Sec. 9.  AS 18.65.720 is amended to read:                                                                          
13  Sec. 18.65.720.  FEES.  The department shall charge a nonrefundable fee for                                           
14 the processing of the application for and initial issuance of a permit, renewal of a                                    
15 permit, or replacement of a permit.  The fees shall be set by regulation and must be                                    
16 based on the actual costs incurred by the department.  However, the fee for the                                         
17 processing of an application and initial issuance of a permit may not exceed $99                                      
18 [$125] and the fee for renewal of a permit or replacement of a permit may not exceed                                   
19 $30 [$60].                                                                                                             
20    * Sec. 10.  AS 18.65.755(a) is amended to read:                                                                      
21  (a)  A permittee may not carry a concealed handgun into or possess a                                                 
22 concealed handgun within                                                                                               
23   (1)  a law enforcement or correctional facility;                                                                     
24   (2)  or on school grounds or a school bus; in this paragraph, "school                                                
25 grounds" has the meaning given in AS 11.71.900;                                                                         
26   (3)  a courthouse or a courtroom of this state, unless the permittee                                                 
27   (A)  is a judge; or                                                                                                 
28   (B)  has been authorized to possess a concealed handgun by a                                                        
29 judge presiding at that courthouse or courtroom;                                                                        
30   (4)  [A BUILDING HOUSING ONLY STATE OR FEDERAL                                                                       
31 OFFICES OR THE OFFICES OF A POLITICAL SUBDIVISION OF THE STATE,                                                         
01 EXCEPT AS AUTHORIZED UNDER (3) OF THIS SUBSECTION;                                                                      
02   (5)  AN OFFICE OF THE STATE, FEDERAL GOVERNMENT, OR                                                                  
03 OF A POLITICAL SUBDIVISION OF THE STATE THAT IS NOT LOCATED IN                                                          
04 A BUILDING DESCRIBED IN (4) OF THIS SUBSECTION;                                                                         
05   (6)  A PASSENGER LOADING OR UNLOADING AREA OF AN                                                                     
06 AIRLINE TERMINAL;                                                                                                       
07   (7)]  a vessel of the Alaska marine highway system as prohibited by                                                 
08 AS 19.65.055;                                                                                                          
09   (5) [(8)]  a facility providing services to victims of domestic violence                                           
10 or sexual assault;                                                                                                      
11    (6) [(9)]  a residence other than the permittee's residence, unless the                                          
12 permittee has first obtained the express permission to bring a concealed handgun                                        
13 into the residence from an adult residing there [WHERE NOTICE THAT                                                     
14 CARRYING A CONCEALED HANDGUN IS PROHIBITED HAS BEEN GIVEN BY                                                            
15 THE POSTING OF A CONSPICUOUS NOTICE OR BY ORAL STATEMENT BY                                                             
16 THE RESIDENT TO THE PERMITTEE];                                                                                         
17   (7) [(10)]  a facility or meeting of a business, charitable, or other                                            
18 organization or entity where notice that carrying a concealed handgun is prohibited has                                 
19 been given by the posting of conspicuous notice;                                                                        
20   (8) [(11)]  a [FINANCIAL INSTITUTION; IN THIS PARAGRAPH,                                                           
21 "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS BANK, SAVINGS                                                             
22 ASSOCIATION, CREDIT UNION, OR OTHER INSTITUTION REGULATED BY                                                            
23 THE DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT                                                                     
24 UNDER AS 06;                                                                                                            
25   (12)  ANOTHER] place where the possession of a deadly weapon or                                                      
26 firearm is prohibited by federal law; [OR]                                                                            
27   (9) [(13)]  a municipality or established village that has prohibited the                                          
28 possession of concealed handguns by a permit under AS 18.65.780 - 18.65.785; or                                        
29   (10)  the campus grounds or facilities of the University of Alaska                                                   
30 except as provided by Board of Regents' policy.                                                                        
31    * Sec. 11.  AS 18.65.755(c) is amended to read:                                                                      
01  (c)  In addition to any other penalty provided by law, a person who violates (a)                                     
02 of this section is guilty of a violation punishable as provided in AS 12.55.035 for                                   
03 the first offense, a class B misdemeanor for the second offense, and a class A                                        
04 misdemeanor for the third or subsequent offense.                                                                       
05    * Sec. 12.  AS 19.65 is amended by adding a new section to read:                                                     
06  Sec. 19.65.055.  POSSESSION OF FIREARMS ABOARD FERRIES.  (a)  A                                                       
07 person may not possess or carry a firearm while aboard a vessel of the Alaska marine                                    
08 highway system unless the person                                                                                        
09   (1)  is a peace officer;                                                                                             
10   (2)  secures the firearm in a locked propelled vehicle; or                                                           
11   (3)  upon boarding, allows the purser to hold and secure the firearm                                                 
12 until the person disembarks from the vessel.                                                                            
13  (b)  In this section, "firearm" and "propelled vehicle" have the meanings given                                       
14 in AS 11.81.900.                                                                                                        
15    * Sec. 13.  AS 18.65.725(c) is repealed.