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HOUSE BILL NO. 203
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES WOOL, Josephson, Spohnholz, Hannan, Story, Drummond, Tarr
Introduced: 5/5/21
Referred: State Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act establishing the offense of misconduct involving weapons in the sixth degree."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
4 to read:
5 SHORT TITLE. This Act may be known as the Alaska Secure Storage of Firearms
6 Act.
7 * Sec. 2. AS 11.61.210(a) is amended to read:
8 (a) A person commits the crime of misconduct involving weapons in the
9 fourth degree if the person
10 (1) possesses on the person, or in the interior of a vehicle in which the
11 person is present, a firearm when the person's physical or mental condition is impaired
12 as a result of the introduction of an intoxicating liquor or a controlled substance into
13 the person's body in circumstances other than described in AS 11.61.200(a)(7);
14 (2) discharges a firearm from, on, or across a highway;
15 (3) discharges a firearm with reckless disregard for a risk of damage to
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1 property or a risk of physical injury to a person under circumstances other than those
2 described in AS 11.61.195(a)(3)(A);
3 (4) manufactures, possesses, transports, sells, or transfers metal
4 knuckles;
5 (5) sells or transfers a switchblade or a gravity knife to a person under
6 18 years of age without the prior written consent of the person's parent or guardian;
7 (6) knowingly sells a firearm or a defensive weapon to a person under
8 18 years of age;
9 (7) other than a preschool, elementary, junior high, or secondary
10 school student, knowingly possesses a deadly weapon or a defensive weapon, without
11 the permission of the chief administrative officer of the school or district or the
12 designee of the chief administrative officer, within the buildings of, on the grounds of,
13 or on the school parking lot of a public or private preschool, elementary, junior high,
14 or secondary school, on a school bus while being transported to or from school or a
15 school-sponsored event, or while participating in a school-sponsored event, except that
16 a person 21 years of age or older may possess
17 (A) a deadly weapon, other than a loaded firearm, in the trunk
18 of a motor vehicle or encased in a closed container in a motor vehicle;
19 (B) a defensive weapon;
20 (C) an unloaded firearm if the person is traversing school
21 premises in a rural area for the purpose of entering public or private land that is
22 open to hunting and the school board with jurisdiction over the school
23 premises has elected to have this exemption apply to the school premises; in
24 this subparagraph, "rural" means a community with a population of 5,500 or
25 less that is not connected by road or rail to Anchorage or Fairbanks or with a
26 population of 1,500 or less that is connected by road or rail to Anchorage or
27 Fairbanks; [OR]
28 (8) being a preschool, elementary, junior high, or secondary school
29 student, knowingly possesses a deadly weapon or a defensive weapon, within the
30 buildings of, on the grounds of, or on the school parking lot of a public or private
31 preschool, elementary, junior high, or secondary school, on a school bus while being
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1 transported to or from school or a school-sponsored event, or while participating in a
2 school-sponsored event, except that a student may possess a deadly weapon, other
3 than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student
4 has obtained the prior permission of the chief administrative officer of the school or
5 district or the designee of the chief administrative officer for the possession; or
6 (9) violates AS 11.61.225 and, as a result of the violation, a
7 prohibited person uses the firearm to commit a crime or injure self or another; in
8 this paragraph, "prohibited person" has the meaning given in AS 11.61.225(b).
9 * Sec. 3. AS 11.61 is amended by adding a new section to read:
10 Sec. 11.61.225. Misconduct involving weapons in the sixth degree. (a) A
11 person commits the offense of misconduct involving weapons in the sixth degree if the
12 person
13 (1) keeps on a premises a firearm that is not
14 (A) carried by, or otherwise under the direct control of, the
15 owner or an authorized person; or
16 (B) secured in a locked container, with a gun lock, or by other
17 means to render the firearm inaccessible or unable to be used by a person who
18 is not the owner or an authorized person; or
19 (2) knows or reasonably knows that a prohibited person is able to gain
20 access to a firearm owned or under the control of the person and the person fails to
21 secure the firearm in a locked container, with a gun lock, or by other means to render
22 the firearm inaccessible or unable to be used by a person who is not the owner or an
23 authorized person.
24 (b) In this section,
25 (1) "locked container" means a storage device approved, or that meets
26 specifications established by, the Department of Public Safety;
27 (2) "prohibited person" means a person who is prohibited from
28 possessing a firearm under 18 U.S.C. 922(g) or (x)(2) or by state law.
29 (c) Misconduct involving weapons in the sixth degree is a violation punishable
30 by a fine of not more than
31 (1) $500 for a violation of (a)(1) of this section;
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1 (2) $1,000 for a violation of (a)(2) of this section.
2 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to
3 read:
4 APPLICABILITY. This Act applies to offenses committed on or after the effective
5 date of this Act.
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Statutes affected: HB0203A, AM HB 203, introduced 05/05/2021: 11.61.210, 11.61.200, 11.61.195, U.S.C, 11.61.225