Alaskas Rkba law

[WAGCEVP]

An example of what you could do in your state.

----- Original Message -----
From: "Charles Hardy"
To:
Sent: Wednesday, May 21, 2003 10:05 AM
Subject: [gopconservatives] Alaskas Rkba law




All,

Below is, I believe, the text of Alaska's new law that allows permitless,
carry by right of self defense weapons, aka "Vermont carry."

I have not done an exhaustive analysis of this bill in terms of checking
exactly which sections were repealed or how other sections of law interact
with this law.

But a first read indicates that CCW permits remain available AND with the
limited exception of a person who has had an Alaska CCW permit denied or
revoked, all other permits are valid in Alaska.

Permitless carry seems to have been effected by limiting the cases in
which
having a concealed weapon without a permit is actually considered a crime.
Most notably, a person carrying a weapon must be over 21 years of age and
immediately inform any peace office making contact that the person has a
weapon and allow the office to take possesssion of the weapon for the
duration of the contact or, if the officer directs, to secure the weapon
himself. Further, permitless carry into someone else's home requires
explicit permission. Carry into or around a day care, into any
establishment serving alcohol, into a courthouse, or into a women's center
remain crimes.

Federal laws prevent permitless carry into a school and I have no idea
whether Alaskan law allows permittees to carry into a school, church, etc.

Charles



BILL ID: HB 102

00 CS FOR HOUSE BILL NO. 102(STA)
01 "An Act relating to concealed deadly weapons."
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03 * Section 1. AS 11.61.220(a) is amended to read:
04 (a) A person commits the crime of misconduct involving
weapons in the fifth
05 degree if the person
06 (1) is 21 years of age or older and knowingly
possesses
a deadly
07 weapon, other than an ordinary pocket knife or a defensive
weapon,
08 (A) that is concealed on the person, and, when
contacted by a 09 peace officer, the person fails to 10
(i) immediately inform the peace officer of that 11
possession; or 12 (ii) allow the peace officer
to
secure the deadly 13 weapon, or fails to secure the weapon
at the direction of the peace 14 officer, during the
duration of the contact; 15 (B) that is concealed on
the person within the residence of 01 another person unless the
person has first obtained the express permission 02 of an adult
residing there to bring a concealed deadly weapon within the 03
residence;
04 (2) knowingly possesses a loaded firearm on the person
in any place
05 where intoxicating liquor is sold for consumption on the
premises;
06 (3) being an unemancipated minor under 16 years of
age,
possesses a
07 firearm without the consent of a parent or guardian of the minor;
08 (4) knowingly possesses a firearm
09 (A) within the grounds of or on a parking lot
immediately
10 adjacent to a center, other than a private residence,
licensed
under AS 14.37,
11 AS 47.33, or AS 47.35 or recognized by the federal
government
for the care of
12 children;
13 (B) within a
14 (i) courtroom or office of the Alaska Court
System; or
15 (ii) courthouse that is occupied only by the
Alaska
16 Court System and other justice-related agencies; or
17 (C) within a domestic violence or sexual assault
shelter that
18 receives funding from the state; [OR]
19 (5) possesses or transports a switchblade or a gravity
knife; or 20 (6) is less than 21 years of age and
knowingly
possesses a deadly 21 weapon, other than an ordinary pocket knife or
a
defensive weapon, that is 22 concealed on the person.
23 * Sec. 2. AS 11.61.220(b) is amended to read:
24 (b) In a prosecution under (a)(6) [(a)(1)] of this section,
it is an affirmative
25 defense that the defendant, at the time of possession, was
26 (1) in the defendant's dwelling or on land owned or
leased by the
27 defendant appurtenant to the dwelling; or 28 (2)
actually engaged in lawful hunting, fishing, trapping, or other
29 lawful outdoor activity that necessarily involves the carrying of
a
weapon for personal
30 protection [;
31 (3) THE HOLDER OF A VALID PERMIT TO CARRY A
01 CONCEALED HANDGUN UNDER AS 18.65.700 - 18.65.790 AND THE
02 WEAPON WAS A CONCEALED HANDGUN AS DEFINED IN AS 18.65.790; OR
03 (4) CONSIDERED A PERMITTEE UNDER AS 18.65.748 AND
04 THE WEAPON WAS A CONCEALED HANDGUN AS DEFINED IN
05 AS 18.65.790].
06 * Sec. 3. AS 11.61.220(h) is amended to read:
07 (h) The provisions of (a)(1) and (6) of this section do not
apply to a
08 (1) peace officer of this state or a municipality of
this state acting
09 within the scope and authority of the officer's employment;
10 (2) peace officer employed by another state or a
political subdivision
11 of another state who, at the time of the possession, is
12 (A) certified as a peace officer by the other
state; and
13 (B) acting within the scope and authority of the
officer's
14 employment; or
15 (3) police officer of this state or a police officer
or
chief administrative
16 officer of a municipality of this state; in this paragraph,
"police
officer" and "chief
17 administrative officer" have the meanings given in AS 18.65.290.
18 * Sec. 4. AS 11.61.220 is amended by adding a new subsection to read:
19 (j) In (a)(1) of this section, "contacted by a peace
officer"
means stopped,
20 detained, questioned, or addressed in person by the peace officer
for an official
21 purpose.
22 * Sec. 5. AS 18.65.748 is amended to read:
23 Sec. 18.65.748. Permit holders from other jurisdictions
considered Alaska 24 permit holders. A person holding a valid
permit
to carry a concealed handgun from
25 another state or a political subdivision of another state is a
permittee under
26 AS 18.65.700(b) for purposes of AS 18.65.755 - 18.65.765 [AS
18.65.750 -
27 18.65.765] if the person has not had an application for a
concealed
handgun permit
28 rejected in this state because the person was unqualified under
AS
18.65.705 or had a
29 concealed handgun permit revoked or suspended by this state.
30 * Sec. 6. AS 18.65.770 is amended to read:
31 Sec. 18.65.770. Permits, applications, and other materials
not
public 01 records [ACCESS TO LIST OF PERMITTEES BY PEACE OFFICERS].
02 Applications [THE DEPARTMENT SHALL COMPILE A LIST OF PERMITTEES
03 IN A MANNER THAT ALLOWS IMMEDIATE ACCESS TO THE
04 INFORMATION BY PEACE OFFICERS. THE LIST OF PERMITTEES AND ALL
05 APPLICATIONS], permits, and renewals are not public records under
AS 40.25.110 -
06 40.25.125 and may only be used for law enforcement purposes.
07 * Sec. 7. AS 11.61.220(d)(1)(A); AS 18.65.750, and 18.65.755(a)(1) are
repealed.



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