24th Legislature(2005-2006)

Bill Text 24th Legislature

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.