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00 SENATE CS FOR HOUSE BILL NO. 184(JUD) am S
01 "An Act relating to firearms."
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03 * Section 1. AS 18.65 is amended by adding a new section to read:
04 Article 10A. Firearms.
05 Sec. 18.65.800. Possession of firearms in motor vehicles. (a)
06 Notwithstanding any other provision of law, the state, a municipality, or a person may
07 not adopt or enforce a law, ordinance, policy, or rule that prohibits or has the effect of
08 prohibiting an individual from possessing a firearm while that individual is within a
09 motor vehicle or prohibiting an individual from storing a firearm that is locked in the
10 individual's motor vehicle while the motor vehicle is otherwise legally parked in or on
11 state or municipal property or another person's property. This section applies only to
12 possession of a firearm by an individual who may legally possess a firearm under state
13 and federal law.
14 (b) This section does not limit a person's rights or remedies under any other
15 law.
01 (c) The state, a municipality, or a person is not liable for any injury or damage
02 resulting from the storage of a firearm in the vehicle of another individual in
03 accordance with this section.
04 (d) Notwithstanding subsection (a) of this section, an employer or its agent
05 may prohibit the possession of firearms within a secured restricted access area as
06 defined in AS 29.35.145(d)(2), in a vehicle owned, leased or rented by the employer
07 or its agent or in a parking lot owned or controlled by the employer within 300 feet of
08 the secured restricted access area that does not include common areas of ingress and
09 egress open to the general public. The employer or its agent shall post conspicuous
10 notice of the prohibition against possession of firearms at each entrance to the
11 restricted access area and affected parking area.
12 * Sec. 2. AS 29.35.145(a) is repealed and reenacted to read:
13 (a) The authority to regulate firearms is reserved to the state and, except as
14 specifically provided by statute, a municipality may not enact or enforce an ordinance
15 regulating the possession, ownership, sale, transfer, use, carrying, transportation,
16 licensing, taxation, or registration of firearms.
17 * Sec. 3. AS 29.35.145 is amended by adding new subsections to read:
18 (c) Municipalities may enact and enforce ordinances
19 (1) that are identical to state law and that have the same penalty as
20 provided for by state law;
21 (2) restricting the discharge of firearms in any portion of their
22 respective jurisdictions where there is a reasonable likelihood that people, domestic
23 animals, or property will be jeopardized; ordinances enacted or enforced under this
24 paragraph may not abridge the right of the individual guaranteed by art. I, sec. 19,
25 Constitution of the State of Alaska, to bear arms in defense of self or others;
26 (3) restricting the areas in their respective jurisdictions in which
27 firearms may be sold; a business selling firearms may not be treated more restrictively
28 that other businesses located within the same zone; and
29 (4) prohibiting the possession of firearms in the restricted access area
30 of municipal government buildings; the municipal assembly shall post notice of the
31 prohibition against possession of firearms at each entrance to the restricted access
01 area.
02 (d) In this section,
03 (1) "firearms" includes firearms, or any other element relating to
04 firearms or parts thereof including ammunition and reloading components;
05 (2) "restricted access area" means the area beyond a secure point
06 where visitors are screened and does not include common areas of ingress and egress
07 open to the general public.
08 (e) The prohibition on taxation in (a) of this section does not include
09 imposition of a sales tax that is levied on all products sold within a municipality.
