Alaska Firearm Laws

1. A person commits the crime of removal of identification marks if, with intent to cause interruption to the ownership of another, the person defaces, erases, or otherwise alters or attempts to deface, erase, or otherwise alter any serial number or identification mark placed or inscribed on a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise, or other article or its component parts.
2. Removal of identification marks is
   1. a class C felony if the value of the property on which the serial number or identification mark appeared is $500 or more;
   2. a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $50 or more but less than $500;
   3. a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $50.

1. A person commits the crime of unlawful possession if the person possesses a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise or other article or its component parts knowing that the serial number or identification mark placed on it by the manufacturer or owner for the purpose of identification has been defaced, erased, or otherwise altered with the intent of causing interruption to the ownership of another.
2. Unlawful possession is
   1. a class C felony if the value of the property on which the serial number or identification mark appeared is $500 or more;
   2. a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $50 or more but less than $500;
   3. a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $50.

1. A person commits the crime of possession of burglary tools if the person possesses a burglary tool with intent to use or permit use of the tool in the commission of
   1. burglary in any degree;
   2. a crime referred to in AS 11.46.130(a)(3); or
   3. theft of services.
2. As used in this section, "burglary tools" means
   1. nitroglycerine, dynamite, or any other tool, instrument, or device adapted or designed for use in committing a crime referred to in (a)(1)-(3) of this section; or
   2. any acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or other similar device capable of burning through steel, concrete, or other solid material.
3. Possession of burglary tools is a class A misdemeanor.

1. A person commits the crime of misconduct involving weapons in the first degree if the person
   1. uses or attempts to use a firearm during the commission of an offense under AS 11.71.010 - 11.71.040; or
   2. discharges a firearm from a propelled vehicle while the vehicle is being operated and under circumstances manifesting substantial and unjustifiable risk of physical injury to a person or damage to property.
2. Misconduct involving weapons in the first degree is a class A felony.

1. A person commits the crime of misconduct involving weapons in the second degree if the person knowingly
   1. possesses a firearm during the commission of an offense under AS 11.71.010 - 11.71.040;
   2. violates AS 11.61.200(a)(1) and is within the grounds of or on a parking lot immediately adjacent to
      1. a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer; or
      2. an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children; or
   3. discharges a firearm at or in the direction of
      1. a building with reckless disregard for a risk of physical injury to a person; or
      2. a dwelling.
2. Misconduct involving weapons in the second degree is a class B felony.

1. A person commits the crime of misconduct involving weapons in the third degree if the person
   1. knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory;
   2. knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory;
   3. manufactures, possesses, transports, sells, or transfers a prohibited weapon;
   4. knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body;
   5. removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable;
   6. possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable;
   7. violates AS 11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body;
   8. violates AS 11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;
   9. communicates in person with another in violation of AS 11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;
   10. resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located; or
   11. discharges a firearm from a propelled vehicle while the vehicle is being operated in circumstances other than described in AS 11.61.190(a)(2).
   12. [Repealed, §2 ch 100 SLA 2010].
2. The provisions of
   1. (a)(1) of this section do not apply to a person if
      1. the person convicted of the prior offense on which the action is based received a pardon for that conviction;
      2. the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or
      3. a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(1) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory;
   2. (a)(2) or (10) of this section do not apply to a person if
      1. the person convicted of the prior offense on which the action is based received a pardon for that conviction;
      2. the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or
      3. a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the violation of (a)(2) or (10) of this section, and the prior conviction did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory.
3. It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act).
4. It is an affirmative defense to a prosecution under (a)(11) of this section that the person was using a firearm while hunting, trapping, or fishing in a manner not prohibited by statute or regulation.
5. The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
6. [Repealed, §2 ch 100 SLA 2010].
7. [Repealed, §2 ch 100 SLA 2010].
8. As used in this section,
   1. "prohibited weapon" means any
      1. explosive, incendiary, or noxious gas
         1. mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death;
         2. rocket, other than an emergency flare, having a propellant charge of more than four ounces;
         3. bomb; or
         4. grenade;
      2. device designed, made, or adapted to muffle the report of a firearm;
      3. firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or
      4. rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches;
   2. "unconditional discharge" has the meaning ascribed to it in AS 12.55.185.
9. Misconduct involving weapons in the third degree is a class C felony.

1. A person commits the crime of misconduct involving weapons in the fourth degree if the person
   1. possesses on the person, or in the interior of a vehicle in which the person is present, a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or a controlled substance into the person's body in circumstances other than described in AS 11.61.200(a)(7);
   2. discharges a firearm from, on, or across a highway;
   3. discharges a firearm with reckless disregard for a risk of damage to property or a risk of physical injury to a person under circumstances other than those described in AS 11.61.195(a)(3)(A);
   4. manufactures, possesses, transports, sells, or transfers metal knuckles;
   5. sells or transfers a switchblade or a gravity knife to a person under 18 years of age without the prior written consent of the person's parent or guardian;
   6. knowingly sells a firearm or a defensive weapon to a person under 18 years of age;
   7. other than a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a person 21 years of age or older may possess
      1. a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle;
      2. a defensive weapon;
      3. an unloaded firearm if the person is traversing school premises in a rural area for the purpose of entering public or private land that is open to hunting and the school board with jurisdiction over the school premises has elected to have this exemption apply to the school premises; in this subparagraph, "rural" means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or
   8. being a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a student may possess a deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student has obtained the prior permission of the chief administrative officer of the school or district or the designee of the chief administrative officer for the possession.
2. [Repealed, §4 ch 63 SLA 1990].
3. The provisions of (a)(7) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
4. Misconduct involving weapons in the fourth degree is a class A misdemeanor.

HISTORY: Sec. 7 ch 166 SLA 1978; am Sec. 21, 22 ch 102 SLA 1980; am Sec. 2, 4 ch 63 SLA 1990; am Sec. 7 ch 59 SLA 1991; am Sec. 15, 16 ch 79 SLA 1992; am Sec. 1, 2 ch 33 SLA 1995; am Sec. 2 ch 89 SLA 1997; am Sec. 3 ch 1 SLA 1998; am Sec. 1 ch 54 SLA 2013

1. A person commits the crime of misconduct involving weapons in the fifth degree if the person
   1. is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,
      1. that is concealed on the person, and, when contacted by a peace officer, the person fails to
         1. immediately inform the peace officer of that possession; or
         2. allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact;
      2. that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence;
   2. knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;
   3. being an unemancipated minor under 16 years of age, possesses a firearm, switchblade, or gravity knife without the consent of a parent or guardian of the minor;
   4. knowingly possesses a firearm
      1. within the grounds of or on a parking lot immediately adjacent to an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children, except that a person 21 years of age or older may possess an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle;
      2. within a
         1. courtroom or office of the Alaska Court System; or
         2. courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or
      3. within a domestic violence or sexual assault shelter that receives funding from the state;
   5. [Repealed, Sec. 7 ch 54 SLA 2013]
   6. is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person.
2. In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was
   1. in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or
   2. actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.
3. The provisions of (a)(2) and (4) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
4. In a prosecution under (a)(2) of this section, it is
   1. an affirmative defense that
      1. [Repealed, §7 ch 62 SLA 2003].
      2. the loaded firearm was a concealed handgun as defined in AS 18.65.790; and
      3. the possession occurred at a place designated as a restaurant for the purposes of AS 04.16.049 and the defendant did not consume intoxicating liquor at the place;
   2. a defense that the defendant, at the time of possession, was on business premises
      1. owned by or leased by the defendant; or
      2. in the course of the defendant's employment for the owner or lessee of those premises.
5. For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; a deadly weapon on a person is not concealed if it is an unloaded firearm encased in a closed container designed for transporting firearms.
6. For purposes of (a)(2) and (e) of this section, a firearm is loaded if the
   1. firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge; and
   2. chamber, magazine, clip, or cylinder is installed in or on the firearm.
7. Misconduct involving weapons in the fifth degree is a class B misdemeanor.
8. The provisions of (a)(1) and (6) of this section do not apply to a
   1. peace officer of this state or a municipality of this state acting within the scope and authority of the officer's employment;
   2. peace officer employed by another state or a political subdivision of another state who, at the time of the possession, is
      1. certified as a peace officer by the other state; and
      2. acting within the scope and authority of the officer's employment; or
   3. police officer of this state or a police officer or chief administrative officer of a municipality of this state; in this paragraph, "police officer" and "chief administrative officer" have the meanings given in AS 18.65.290.
9. In a prosecution
   1. under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court;
   2. under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the administrator of the shelter to possess the firearm.
10. In (a)(1) of this section, "contacted by a peace officer" means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.

HISTORY: Sec. 7 ch 166 SLA 1978; am Sec. 23 ch 102 SLA 1980; am Sec. 8, 9 ch 59 SLA 1991; am Sec. 17, 18 ch 79 SLA 1992; am Sec. 1 - 3 ch 67 SLA 1994; am Sec. 2 ch 124 SLA 1994; am Sec. 3 ch 130 SLA 1994; am Sec. 3 ch 33 SLA 1995; am Sec. 4 - 8 ch 1 SLA 1998; am Sec. 1 ch 10 SLA 1998; am Sec. 4 ch 58 SLA 1999; am Sec. 1, 2 ch 94 SLA 2000; am Sec. 1 - 4, 7 ch 62 SLA 2003; am Sec. 4 ch 99 SLA 2004; am Sec. 5 ch 57 SLA 2005; am Sec. 2, 7 ch 54 SLA 2013

1. Except as provided in (b) of this section, a person who is justified in using nondeadly force in self-defense under AS 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against
   1. death;
   2. serious physical injury;
   3. kidnapping, except for what is described as custodial interference in the first degree in AS 11.41.320;
   4. sexual assault in the first degree;
   5. sexual assault in the second degree;
   6. sexual abuse of a minor in the first degree; or
   7. robbery in any degree.
2. A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is
   1. on premises
      1. that the person owns or leases;
      2. where the person resides, temporarily or permanently; or
      3. as a guest or express or implied agent of the owner, lessor, or resident;
   2. a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer under AS 11.81.380;
   3. in a building where the person works in the ordinary course of the person's employment; or
   4. protecting a child or a member of the person's household; or
   5. in any other place where the person has a right to be.

[HB24 Sec. 1. 2013]

A person is justified in using force upon another when and to the extent the person reasonably believes it is necessary to defend a third person when, under the circumstances as the person claiming defense of another reasonably believes them to be, the third person would be justified under AS 11.81.330 or 11.81.335 in using that degree of force for self-defense.

1. A person may use nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of an unlawful taking or damaging of property or services.
2. A person may use deadly force upon another when and to the extent the person reasonably believes it necessary to terminate what the person reasonably believes to be the commission or attempted commission of arson upon a dwelling or occupied building.
3. A person in possession or control of any premises, or a guest or an express or implied agent of that person, may use
   1. nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of criminal trespass in any degree upon the premises;
   2. deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a burglary in any degree occurring in an occupied dwelling or building.
4. [Repealed, §7 ch 68 SLA 2006].
5. A person
   1. in a vehicle, or forcibly removed from a vehicle, may use deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a carjacking of that vehicle at or about the time the vehicle is carjacked;
   2. outside of a vehicle may use deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the theft of that vehicle when another person, other than the perceived offender, is inside of the vehicle; this paragraph does not apply to a person outside of a vehicle who is involved in a dispute with a person inside of the vehicle who is a household member of that person; in this paragraph, "household member" has the meaning given in AS 18.66.990.
6. A person justified in using force under this section does not have a duty to leave or attempt to leave the area of the encounter before using force.
7. In (e) of this section,
   1. "carjacking" means a robbery involving the taking or attempted taking of a vehicle from a person in possession of the vehicle;
   2. "vehicle" means a "motor vehicle" as defined in AS 28.40.100, an aircraft, or a watercraft.

1. In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or attempted escape from custody, or to make a lawful stop. The officer may use deadly force only when and to the extent the officer reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of a person the officer reasonably believes
   1. has committed or attempted to commit a felony which involved the use of force against a person;
   2. has escaped or is attempting to escape from custody while in possession of a firearm on or about the person; or
   3. may otherwise endanger life or inflict serious physical injury unless arrested without delay.
2. The use of force in making an arrest or stop is not justified under this section unless the peace officer reasonably believes the arrest or stop is lawful.
3. Nothing in this section prohibits or restricts a peace officer in preparing to use or threatening to use a dangerous instrument.

1. Except as provided in (b) of this section, a person who has been directed by another who that person reasonably believes to be a peace officer to assist in making an arrest or terminating or preventing an escape may use nondeadly force when and to the extent the person reasonably believes it necessary to carry out the peace officer's direction. A person may use deadly force under this section only when the person reasonably believes it necessary to carry out the peace officer's direction to use deadly force.
2. The use of force under (a) of this section is not justified if the person believes that the peace officer is not justified in using that degree of force under the circumstances.

In addition to using force justified under other sections of this chapter, a person, acting as a private person, may use nondeadly force to make the arrest or terminate the escape or attempted escape from custody of a person who the private person reasonably believes has committed a misdemeanor in the private person's presence or a felony when and to the extent the private person reasonably believes it necessary to make that arrest or terminate that escape or attempted escape from custody. A private person may use deadly force under this section only when and to the extent the private person reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of another who the private person reasonably believes

1. has committed or attempted to commit a felony which involved the use of force against a person; or
2. has escaped or is attempting to escape from custody while in possession of a firearm on or about the person.

1. A person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer who is known by the person, or reasonably appears, to be a peace officer, whether the arrest is lawful or unlawful, unless
   1. the force used by the peace officer exceeds that allowed under AS 11.81.370;
   2. [Repealed, §1 ch 63 SLA 1982].
2. The use of force justified under this section in resisting arrest or interfering with the arrest of another may not exceed the use of force justified under AS 11.81.330 or 11.81.335.
3. [Repealed, §1 ch 63 SLA 1982].
4. [Repealed, §1 ch 63 SLA 1982].

1. Unless inconsistent with AS 11.81.320 - 11.81.410, conduct which would otherwise constitute an offense is justified when it is required or authorized by law or by a judicial decree, judgment, or order.
2. The justification afforded by this section also applies when
   1. the person reasonably believes the conduct to be required or authorized by a decree, judgment, or order of a court of competent jurisdiction or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
   2. the person reasonably believes the conduct to be required or authorized to assist a peace officer in the performance of the officer's duties, notwithstanding that the officer exceeded the officer's authority.

1. The use of force upon another person that would otherwise constitute an offense is justified under any of the following circumstances:
   1. When and to the extent reasonably necessary and appropriate to promote the welfare of the child or incompetent person, a parent, guardian, or other person entrusted with the care and supervision of a child under 18 years of age or an incompetent person may use reasonable and appropriate nondeadly force upon that child or incompetent person.
   2. When and to the extent reasonably necessary and appropriate to maintain order and when the use of force is consistent with the welfare of the students, a teacher may, if authorized by school regulations and the principal of the school, use reasonable and appropriate nondeadly force upon a student. If authorized by school regulations and the principal of the school, a teacher may use nondeadly force under this paragraph in any situation in which the teacher is responsible for the supervision of students. A teacher employed by a school board, including a regional educational attendance area school board, may use nondeadly force under this paragraph only if the school regulations authorizing the use of force have been adopted by the school board.
   3. When and to the extent reasonably necessary and appropriate to maintain order, a person responsible for the maintenance of order in a common carrier of passengers, or a person acting under that person's direction, may use reasonable and appropriate nondeadly force.
   4. When and to the extent reasonably necessary to prevent a suicide, a person who reasonably believes that another is imminently about to commit suicide may use reasonable and appropriate nondeadly force upon that person.
   5. A licensed physician, licensed mobile intensive care paramedic, or registered nurse; or a person acting under the direction of a licensed physician, licensed mobile intensive care paramedic, or registered nurse; or any person who renders emergency care at the scene of an emergency, may use reasonable and appropriate nondeadly force for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the patient if
      1. the treatment is administered with the consent of the patient or, if the patient is a child under 18 years of age or an incompetent person, with the consent of the parent, guardian, or other person entrusted with care and supervision of the child or incompetent person; or
      2. the treatment is administered in an emergency if the person administering the treatment reasonably believes that no one competent to consent can be consulted under the circumstances and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
2. A person who raises a defense under (a)(1) of this section and claims that the person upon whom force was used was an incompetent person has the burden of establishing by a preponderance of the evidence that, at the time force was used, the person upon whom the force was used was an incompetent person.

1. For purposes of this title, unless the context requires otherwise,
   1. a person acts "intentionally" with respect to a result described by a provision of law defining an offense when the person's conscious objective is to cause that result; when intentionally causing a particular result is an element of an offense, that intent need not be the person's only objective;
   2. a person acts "knowingly" with respect to conduct or to a circumstance described by a provision of law defining an offense when the person is aware that the conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had that person not been intoxicated acts knowingly with respect to that conduct or circumstance;
   3. a person acts "recklessly" with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had that person not been intoxicated acts recklessly with respect to that risk;
   4. a person acts with "criminal negligence" with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
2. In this title, unless otherwise specified or unless the context requires otherwise,
   1. "access device" means a card, credit card, plate, code, account number, algorithm, or identification number, including a social security number, electronic serial number, or password, that is capable of being used, alone or in conjunction with another access device or identification document, to obtain property or services, or that can be used to initiate a transfer of property;
   2. "affirmative defense" means that
      1. some evidence must be admitted which places in issue the defense; and
      2. the defendant has the burden of establishing the defense by a preponderance of the evidence;
   3. "animal" means a vertebrate living creature not a human being, but does not include fish;
   4. "benefit" means a present or future gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary;
   5. "building", in addition to its usual meaning, includes any propelled vehicle or structure adapted for overnight accommodation of persons or for carrying on business; when a building consists of separate units, including apartment units, offices, or rented rooms, each unit is considered a separate building;
   6. "cannabis" has the meaning ascribed to it in AS 11.71.900(10), (11), and (14);
   7. "conduct" means an act or omission and its accompanying mental state;
   8. "controlled substance" has the meaning ascribed to it in AS 11.71.900(4);
   9. "correctional facility" means premises, or a portion of premises, used for the confinement of persons under official detention;
   10. "credit card" means any instrument or device, whether known as a credit card, credit plate, courtesy card, or identification card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining property or services on credit;
   11. "crime" means an offense for which a sentence of imprisonment is authorized; a crime is either a felony or a misdemeanor;
   12. "crime involving domestic violence" has the meaning given in AS 18.66.990;
   13. "criminal street gang" means a group of three or more persons
       1. who have in common a name or identifying sign, symbol, tattoo or other physical marking, style of dress, or use of hand signs; and
       2. who, individually, jointly, or in combination, have committed or attempted to commit, within the preceding three years, for the benefit of, at the direction of, or in association with the group, two or more offenses under any of, or any combination of, the following:
          1. AS 11.41;
          2. AS 11.46; or
          3. a felony offense;
   14. "culpable mental state" means "intentionally", "knowingly", "recklessly", or with "criminal negligence", as those terms are defined in (a) of this section;
   15. "dangerous instrument" means
       1. any deadly weapon or anything that, under the circumstances in which it is used, attempted to be used, or threatened to be used, is capable of causing death or serious physical injury; or
       2. hands or other objects when used to impede normal breathing or circulation of blood by applying pressure on the throat or neck or obstructing the nose or mouth;
   16. "deadly force" means force that the person uses with the intent of causing, or uses under circumstances that the person knows create a substantial risk of causing, death or serious physical injury; "deadly force" includes intentionally discharging or pointing a firearm in the direction of another person or in the direction in which another person is believed to be and intentionally placing another person in fear of imminent serious physical injury by means of a dangerous instrument;
   17. "deadly weapon" means any firearm, or anything designed for and capable of causing death or serious physical injury, including a knife, an axe, a club, metal knuckles, or an explosive;
   18. "deception" means to knowingly
       1. create or confirm another's false impression that the defendant does not believe to be true, including false impressions as to law or value and false impressions as to intention or other state of mind;
       2. fail to correct another's false impression that the defendant previously has created or confirmed;
       3. prevent another from acquiring information pertinent to the disposition of the property or service involved;
       4. sell or otherwise transfer or encumber property and fail to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether or not that impediment is a matter of official record; or
       5. promise performance that the defendant does not intend to perform or knows will not be performed;
   19. "defense", other than an affirmative defense, means that
       1. some evidence must be admitted which places in issue the defense; and
       2. the state then has the burden of disproving the existence of the defense beyond a reasonable doubt;
   20. "defensive weapon" means an electric stun gun, or a device to dispense mace or a similar chemical agent, that is not designed to cause death or serious physical injury;
   21. "drug" has the meaning ascribed to it in AS 11.71.900(9);
   22. "dwelling" means a building that is designed for use or is used as a person's permanent or temporary home or place of lodging;
   23. "explosive" means a chemical compound, mixture, or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including dynamite, blasting powder, nitroglycerin, blasting caps, and nitrojelly, but excluding salable fireworks as defined in AS 18.72.050, black powder, smokeless powder, small arms ammunition, and small arms ammunition primers;
   24. "felony" means a crime for which a sentence of imprisonment for a term of more than one year is authorized;
   25. "fiduciary" means a trustee, guardian, executor, administrator, receiver, or any other person carrying on functions of trust on behalf of another person or organization;
   26. "firearm" means a weapon, including a pistol, revolver, rifle, or shotgun, whether loaded or unloaded, operable or inoperable, designed for discharging a shot capable of causing death or serious physical injury;
   27. "force" means any bodily impact, restraint, or confinement or the threat of imminent bodily impact, restraint, or confinement, "force" includes deadly and nondeadly force;
   28. "government" means the United States, any state or any municipality or other political subdivision within the United States or its territories; any department, agency, or subdivision of any of the foregoing; an agency carrying out the functions of government; or any corporation or agency formed under interstate compact or international treaty;
   29. "highway" means a public road, road right-of-way, street, alley, bridge, walk, trail, tunnel, path, or similar or related facility, as well as ferries and similar or related facilities;
   30. "identification document" means a paper, instrument, or other article used to establish the identity of a person; "identification document" includes a social security card, driver's license, non-driver's identification, birth certificate, passport, employee identification, or hunting or fishing license;
   31. "includes" means "includes but is not limited to";
   32. "incompetent person" means a person who is impaired by reason of mental illness or mental deficiency to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that person;
   33. "intoxicated" means intoxicated from the use of a drug or alcohol;
   34. "law" includes statutes and regulations;
   35. "leased" includes "rented";
   36. "metal knuckles" means a device that consists of finger rings or guards made of a hard substance and designed, made, or adapted for inflicting serious physical injury or death by striking a person;
   37. "misdemeanor" means a crime for which a sentence of imprisonment for a term of more than one year may not be imposed;
   38. "nondeadly force" means force other than deadly force;
   39. "offense" means conduct for which a sentence of imprisonment or fine is authorized; an offense is either a crime or a violation;
   40. "official detention" means custody, arrest, surrender in lieu of arrest, or actual or constructive restraint under an order of a court in a criminal or juvenile proceeding, other than an order of conditional bail release;
   41. "official proceeding" means a proceeding heard before a legislative, judicial, administrative, or other governmental body or official authorized to hear evidence under oath;
   42. "omission" means a failure to perform an act for which a duty of performance is imposed by law;
   43. "organization" means a legal entity, including a corporation, company, association, firm, partnership, joint stock company, foundation, institution, government, society, union, club, church, or any other group of persons organized for any purpose;
   44. "peace officer" means a public servant vested by law with a duty to maintain public order or to make arrests, whether the duty extends to all offenses or is limited to a specific class of offenses or offenders;
   45. "person" means a natural person and, when appropriate, an organization, government, or governmental instrumentality;
   46. "physical injury" means a physical pain or an impairment of physical condition;
   47. "police dog" means a dog used in police work under the control of a peace officer;
   48. "possess" means having physical possession or the exercise of dominion or control over property;
   49. "premises" means real property and any building;
   50. "propelled vehicle" means a device upon which or by which a person or property is or may be transported, and which is self-propelled, including automobiles, vessels, airplanes, motorcycles, snow machines, all-terrain vehicles, sailboats, and construction equipment;
   51. "property" means an article, substance, or thing of value, including money, tangible and intangible personal property including data or information stored in a computer program, system, or network, real property, an access device, a domestic pet or livestock regardless of value, choses-in-action, and evidence of debt or of contract; a commodity of a public utility such as gas, electricity, steam, or water constitutes property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits, or other equipment is considered a rendition of a service rather than a sale or delivery of property;
   52. "public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence;
   53. "public record" means a document, paper, book, letter, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card or other document of any other material, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business and preserved or appropriate for preservation by any agency, municipality, or any body subject to the open meeting provision of AS 44.62.310, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the state or municipality or because of the informational value in it; it also includes staff manuals and instructions to staff that affect the public;
   54. "public servant" means each of the following, whether compensated or not, but does not include jurors or witnesses:
       1. an officer or employee of the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state, including legislators, members of the judiciary, and peace officers;
       2. a person acting as an advisor, consultant, or assistant at the request of, the direction of, or under contract with the state, a municipality or other political subdivision of the state, or another governmental instrumentality; in this subparagraph "person" includes an employee of the person;
       3. a person who serves as a member of the board or commission created by statute or by legislative, judicial, or administrative action by the state, a municipality or other political subdivision of the state, or a governmental instrumentality;
       4. a person nominated, elected, appointed, employed, or designated to act in a capacity defined in (A) - (C) of this paragraph, but who does not occupy the position;
   55. a "renunciation" is not "voluntary and complete" if it is substantially motivated, in whole or in part, by
       1. a belief that circumstances exist which increase the probability of detection or apprehension of the defendant or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or
       2. a decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective;
   56. "serious physical injury" means
       1. physical injury caused by an act performed under circumstances that create a substantial risk of death; or
       2. physical injury that causes serious and protracted disfigurement, protracted impairment of health, protracted loss or impairment of the function of a body member or organ, or that unlawfully terminates a pregnancy;
   57. "services" includes labor, professional services, transportation, telephone or other communications service, entertainment, including cable, subscription, or pay television or other telecommunications service, the supplying of food, lodging, or other accommodations in hotels, restaurants, or elsewhere, admission to exhibitions, the use of a computer, computer time, a computer system, a computer program, a computer network, or any part of a computer system or network, and the supplying of equipment for use;
   58. "sexual contact" means
       1. the defendant's
          1. knowingly touching, directly or through clothing, the victim's genitals, anus, or female breast; or
          2. knowingly causing the victim to touch, directly or through clothing, the defendant's or victim's genitals, anus, or female breast;
       2. but "sexual contact" does not include acts
          1. that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child;
          2. performed for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the person being treated; or
          3. that are a necessary part of a search of a person committed to the custody of the Department of Corrections or the Department of Health and Social Services;
   59. "sexual penetration"
       1. means genital intercourse, cunnilingus, fellatio, anal intercourse, or an intrusion, however slight, of an object or any part of a person's body into the genital or anal opening of another person's body; each party to any of the acts described in this subparagraph is considered to be engaged in sexual penetration;
       2. does not include acts
          1. performed for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical health of the person being treated; or
          2. that are a necessary part of a search of a person committed to the custody of the Department of Corrections or the Department of Health and Social Services;
   60. "solicits" includes "commands";
   61. "threat" means a menace, however communicated, to engage in conduct described in AS 11.41.520(a)(1) - (7) but under AS 11.41.520(a)(1) includes all threats to inflict physical injury on anyone;
   62. "unborn child" means a member of the species Homo sapiens, at any stage of development, who is carried in the womb;
   63. "violation" is a noncriminal offense punishable only by a fine, but not by imprisonment or other penalty; conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime; a person charged with a violation is not entitled
       1. to a trial by jury; or
       2. to have a public defender or other counsel appointed at public expense to represent the person;
   64. "voluntary act" means a bodily movement performed consciously as a result of effort and determination, and includes the possession of property if the defendant was aware of the physical possession or control for a sufficient period to have been able to terminate it.

HB33 Sec. 3. 2013]

1. The department shall issue a permit to carry a concealed handgun to a person who
   1. applies in person at an office of the Alaska State Troopers;
   2. qualifies under AS 18.65.705;
   3. submits on an application form approved by the department the information required under AS 18.65.705 and 18.65.710; the department shall post on the department's website the state laws and regulations relating to concealed handguns, which must include a concise summary of where, when, and by whom a handgun can be carried under state and federal law and shall, on request, mail a copy of the regulations and summary to an applicant or permittee;
   4. submits one complete set of fingerprints in the format approved by the department that is of sufficient quality so that the fingerprints may be processed; the fingerprints must be taken by a person, group, or agency approved by the department; the department shall maintain a list of persons, groups, or agencies approved to take fingerprints and shall provide the list to the public upon request; the fingerprints shall be used to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;
   5. submits evidence of successful completion of a handgun course as provided in AS 18.65.715;
   6. provides one frontal view color photograph of the person taken within the preceding 30 days that includes the head and shoulders of the person and is of a size specified by the department;
   7. shows a valid Alaska driver's license or identification card at the time of application;
   8. does not suffer a physical infirmity that prevents the safe handling of a handgun; and
   9. pays the application fee required by AS 18.65.720.
2. The department shall either approve or reject an application for a permit to carry a concealed handgun under (a) of this section within 30 days of receipt of the application. If the department has not received necessary fingerprint eligibility information from another agency by the end of this 30-day period, and the applicant is otherwise eligible, the department shall issue a conditional permit to the applicant subject to immediate revocation under the procedure provided in AS 18.65.740(a) - (c) if the fingerprint information subsequently discloses that the applicant is ineligible for a permit. The department shall notify the applicant in writing of the reason for a rejection.
3. A person whose application is rejected under this section may appeal the rejection decision to the commissioner. A person may seek judicial review of the decision of the commissioner under AS 44.62.560 - 44.62.570.
4. A permit issued under (a) of this section expires on the person's birthday in the fifth year following issuance of the permit. The department may adjust the length of an initial permit so that a permit is not issued for a period of more than five years.
5. The department shall issue a permit to carry a concealed handgun to an honorably retired peace officer of this state who applies for a concealed handgun permit within one year of the officer's retirement and who satisfies the requirements of this subsection. To qualify for a permit under this subsection, an honorably retired peace officer must satisfy (a)(1) - (3) and (6) - (9) of this section and, unless the honorably retired peace officer has qualified with a handgun within five years of the officer's retirement, must also satisfy (a)(5) of this section. The department may not require an honorably retired peace officer applying under this subsection to comply with (a)(4) of this section to receive a permit. The department shall issue the permit without submitting information to or receiving permit eligibility information from the Federal Bureau of Investigation. The department may adopt regulations to define an "honorably retired peace officer" and the evidence that must be submitted to establish eligibility under this subsection.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 9 - 11 ch 1 SLA 1998; am Sec. 3, 4 ch 94 SLA 2000; am Sec. 14 ch 79 SLA 2004; am Sec. 1 ch 91 SLA 2008; am Sec. 1 ch 50 SLA 2009; am Sec. 1 ch 24 SLA 2010)

A person is qualified to receive and hold a permit to carry a concealed handgun if the person

1. is 21 years of age or older;
2. is eligible to own or possess a handgun under the laws of this state and under federal law;
3. is a resident of the state and has been for the 90 days immediately preceding the application for a permit;
4. has not been convicted of two or more class A misdemeanors of this state or similar laws of another jurisdiction within the six years immediately preceding the application;
5. is not now in and has not in the three years immediately preceding the application been ordered by a court to complete an alcohol or substance abuse treatment program; and
6. has successfully completed a handgun course as provided in AS 18.65.715.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 13 ch 1 SLA 1998; am Sec. 6 ch 94 SLA 2000; am Sec. 16 ch 42 SLA 2006)

1. The application for a permit to carry a concealed handgun must contain the following information:
   1. the applicant's name, physical residence, mailing address, place and date of birth, physical description, including height, weight, race, hair color, and eye color, Alaska driver's license or identification card number, and the city and state of each place the applicant has resided in the five years immediately preceding the application;
   2. a statement that the applicant qualifies under AS 18.65.705;
   3. a statement that the applicant has been furnished with a copy of the state laws and regulations relating to concealed handguns, has read those sections, and understands them;
   4. a statement that the applicant desires a permit to carry a concealed handgun for a lawful purpose, which may include self-defense;
   5. a statement by the applicant that all statements, answers, and attachments to the application are true and complete;
   6. a conspicuous warning that an applicant who supplies a false statement, answer, or document in connection with the application that the applicant does not believe to be true may be prosecuted for unsworn falsification in the second degree and, if found guilty, may be punished for violation of a class A misdemeanor, and that, in such cases, the permit shall be revoked and the applicant may be barred from any further application for a permit; and
   7. a statement that the applicant understands that a permit eligibility investigation will be conducted as a part of the application process, that this may involve computerized records searches, and that the applicant authorizes the investigation.
2. An application under (a) of this section may not inquire of an applicant about, or require the submission of, information beyond that described in that subsection. As part of an application under (a) of this section, the department may not inquire of an applicant as to any firearms owned by the applicant.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 13 ch 1 SLA 1998; am Sec. 6 ch 94 SLA 2000; am Sec. 16 ch 42 SLA 2006)

1. An applicant for a permit to carry a concealed handgun shall provide a certificate of successful completion of a handgun course that is approved by the department. The handgun course must have been completed within the 12 months immediately preceding the application. The department shall approve a handgun course, including the personal protection course offered by the National Rifle Association, if the course tests the applicant's
   1. knowledge of Alaska law relating to firearms and the use of deadly force;
   2. familiarity with the basic concepts of the safe and responsible use of handguns;
   3. knowledge of self-defense principles; and
   4. physical competence with a handgun.
2. [Repealed, Sec. 20 ch 1 SLA 1998].
3. The department may not require a certificate of competence submitted under this section to contain any specifically identifying information, including make, model, or serial number, of a handgun with which an applicant or permittee has demonstrated competence.
4. The department shall maintain a list of approved courses and shall provide the list to the public upon request.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 20 ch 1 SLA 1998; am Sec. 7 ch 94 SLA 2000)

The department shall charge a nonrefundable fee for the processing of the application for and initial issuance of a permit, renewal of a permit, or replacement of a permit. The fees shall be set by regulation and must be based on the actual costs incurred by the department. However, the fee for the processing of an application and initial issuance of a permit may not exceed $99 and the fee for renewal of a permit or replacement of a permit may not exceed $30.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 14 ch 1 SLA 1998)

1. A permittee shall apply for renewal of a permit to carry a concealed handgun within 90 days before the expiration of the permit, on a renewal form approved by the department. The renewal form must include
   1. any change in the information originally submitted under AS 18.65.710;
   2. a statement that the person remains qualified to receive and hold a permit to carry a concealed handgun under AS 18.65.705;
   3. one frontal view photograph of the person taken within the preceding 30 days that includes the head and shoulders of the person and is of a size specified by the department;
   4. the renewal fee required under AS 18.65.720; and
   5. the warning listed in AS 18.65.710(a)(6).
2. [Repealed, Sec. 15 ch 94 SLA 2000].
3. A renewal of a permit to carry a concealed handgun submitted on or after the expiration date is subject to a late fee of $25. The department may not accept a renewal for a permit that is submitted more than 60 days after the expiration date of the permit. Nothing in this subsection prohibits the holder of an expired permit from applying for a new permit.
4. A renewal form under (a) of this section may not inquire of a permittee about, or require the submission of, information beyond that described in (a) of this section.
5. Notwithstanding AS 18.65.705(3), a permittee does not become ineligible to hold a permit, and need not return or surrender a permit, when ceasing to be a resident of the state, and the department may not require a permittee to return or surrender a permit because a permittee ceases to be a resident of the state. However, a permittee may not renew a permit if the permittee is not a resident of the state at the time of renewal.
6. The department shall mail the permittee a notice of expiration by first class mail at least 90 days before expiration of the permit.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 20 ch 1 SLA 1998; am Sec. 8, 9, 15 ch 94 SLA 2000; am Sec. 2, 3 ch 24 SLA 2010)

The department may replace a permit that the permittee certifies under oath has been lost, stolen, or destroyed, provided the permittee applies in person and

1. provides one frontal view photograph of the permittee taken within the preceding 30 days that includes the head and shoulders and is of a size specified by the department;
2. pays the replacement fee required under AS 18.65.720.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 10 ch 94 SLA 2000)

1. The department shall immediately suspend a permit to carry a concealed handgun if a permittee becomes ineligible to hold a permit under AS 18.65.705.
2. A person whose permit is suspended under this section shall immediately surrender the permit to the nearest peace officer. A peace officer receiving a permit under this section shall immediately forward the permit to the department.
3. The department shall retain a permit suspended under this section until the permit is revoked or returned to the permittee.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 31 ch 64 SLA 1996; am Sec. 15 ch 1 SLA 1998)

1. A permit to carry a concealed handgun shall be immediately revoked by the department when the permittee
   1. becomes disqualified to receive and hold a permit under AS 18.65.705;
   2. is convicted of two class A misdemeanors of this state or similar laws of another jurisdiction within a six-year period if at least one of the convictions occurs after the application;
   3. knowingly supplied a false or fraudulent answer, statement, or document, or made a material misstatement or omission, in connection with an application for a permit or renewal or replacement of a permit.
2. A person whose permit is revoked under (a) of this section shall immediately surrender the permit to the nearest peace officer. A peace officer receiving a permit under this section shall immediately forward the permit to the department.
3. A person whose permit is revoked under this section may appeal the revocation decision to the commissioner. A person may seek judicial review of the decision of the commissioner under AS 44.62.560 - 44.62.570.
4. A person whose permit is revoked may not apply for a permit until at least five years after the revocation.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 16 ch 1 SLA 1998)

1. The state, and its officers and employees, are not liable by virtue of having issued a permit to carry a concealed handgun for damage or harm caused by the permittee.
2. A person who provides firearm training to a person who receives a permit under AS 18.65.700 - 18.65.790 is not liable for damage or harm caused by the permittee.

History: (Sec. 4 ch 67 SLA 1994)

A person holding a valid permit to carry a concealed handgun from another state or a political subdivision of another state is a permittee under AS 18.65.700(b) for purposes of AS 18.65.755 - 18.65.765.

History: (Sec. 17 ch 1 SLA 1998; am Sec. 12 ch 94 SLA 2000; am Sec. 1 ch 17 SLA 2002; am Sec. 5 ch 62 SLA 2003; am Sec. 1 ch 63 SLA 2003)

1. A permittee may not possess a concealed handgun
   1. [Repealed, Sec. 7 ch 62 SLA 2003].
   2. anywhere a person is prohibited from possessing a handgun under state or federal law.
2. [Repealed, Sec. 20 ch 1 SLA 1998].
3. In addition to any other penalty provided by law, a person who violates this section is guilty of a class B misdemeanor.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 18, 20 ch 1 SLA 1998; am Sec. 7 ch 62 SLA 2003)

1. The holder of a permit issued under AS 18.65.700 - 18.65.790 may not
   1. alter the permit;
   2. allow another person to use the permit;
   3. possess or display a suspended or revoked permit; or
   4. represent or display an expired permit as if the permit were valid, unless the holder has submitted a complete, timely renewal form under AS 18.65.725 and the renewal process has been delayed due to circumstances not under the control of the applicant; this paragraph does not require a holder to return or surrender a permit upon its expiration, nor may the department require a holder to return or surrender a permit upon its expiration.
2. A person who violates (a)(1) - (3) of this section is guilty of a class A misdemeanor.
3. A person who violates (a)(4) of this section is guilty of a violation and upon conviction may be punished by a fine of not more than $100.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 13 ch 94 SLA 2000; am Sec. 4 ch 24 SLA 2010)

1. The holder of a permit issued under AS 18.65.700 - 18.65.790
   1. shall notify the department of a change in the permittee's address within 30 days;
   2. shall immediately report a lost, stolen, or illegible permit to the department;
   3. shall immediately notify the department if the holder is no longer qualified to hold a permit under AS 18.65.705.
2. A person who violates this section is guilty of a violation and upon conviction may be punished by a fine of not more than $100.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 15 ch 94 SLA 2000)

Applications, permits, and renewals are not public records under AS 40.25.110 - 40.25.125 and may only be used for law enforcement purposes.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 6 ch 62 SLA 2003)

1. The department shall adopt regulations to implement AS 18.65.700 - 18.65.790. This section does not delegate to the department the authority to regulate or restrict the issuing of permits beyond those provisions contained in AS 18.65.700 - 18.65.790.
2. The department shall enter into reciprocity agreements with other states that have the legal authority to enter into such agreements so that permittees may carry concealed handguns in those other states.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 2 ch 63 SLA 2003)

A municipality may not restrict the carrying of a concealed handgun by permit under AS 18.65.700 - 18.65.790.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 14 ch 94 SLA 2000)

In AS 18.65.700 - 18.65.790,

1. "commissioner" means the commissioner of public safety;
2. "competence" means the ability to place in a life size silhouette target
   1. seven out of 10 shots at seven yards;
   2. six out of 10 shots at 15 yards;
3. "concealed handgun" means a firearm, that is a pistol or a revolver, and that is covered or enclosed in any manner so that an observer cannot determine that it is a handgun without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; however, "concealed handgun" does not include a shotgun, rifle, or a prohibited weapon as defined under AS 11.61.200;
4. "department" means the Department of Public Safety;
5. "permit" means a permit to carry a concealed handgun issued under AS 18.65.700 - 18.65.790.

History: (Sec. 4 ch 67 SLA 1994; am Sec. 19 ch 1 SLA 1998; am Sec. 15 ch 94 SLA 2000)

1. Notwithstanding any other provision of law, the state, a municipality, or a person may not adopt or enforce a law, ordinance, policy, or rule that prohibits or has the effect of prohibiting an individual from possessing a firearm while that individual is within a motor vehicle or prohibiting an individual from storing a firearm that is locked in the individual's motor vehicle while the motor vehicle is otherwise legally parked in or on state or municipal property or another person's property. This section applies only to possession of a firearm by an individual who may legally possess a firearm under state and federal law.
2. This section does not limit a person's rights or remedies under any other law.
3. The state, a municipality, or a person is not liable for any injury or damage resulting from the storage of a firearm in the vehicle of another individual in accordance with this section.
4. Notwithstanding (a) of this section, an employer or its agent may prohibit the possession of firearms within a secured restricted access area, as defined in AS 29.35.145(e)(2), in a vehicle owned, leased, or rented by the employer or its agent or in a parking lot owned or controlled by the employer within 300 feet of the secured restricted access area that does not include common areas of ingress and egress open to the general public. The employer or its agent shall post conspicuous notice of the prohibition against possession of firearms at each entrance to the restricted access area and affected parking area.

History: (Sec. 1 ch 82 SLA 2005)

1. The chief administrative officer of a municipal police department for a person who resides in the municipality and the head of the Alaska state troopers for a person who resides in the state but does not reside in a municipality with a police department shall execute within 30 days federal firearms forms required to be submitted by the person as a transferee of a firearm if the person is qualified under state law to possess the firearm.
2. In this section, "chief administrative officer" has the meaning given in AS 18.65.290.

History: (Sec. 5 ch 24 SLA 2010)

1. In the event of actual enemy or terrorist attack in or against the state, or a credible threat of imminent enemy or terrorist attack, the governor may declare that a state of emergency exists, and, during the period of time that the state of emergency exists or continues, the governor has and may exercise the additional emergency power
   1. to enforce all laws and regulations relating to homeland security and civil defense and assume direct operational control of all homeland security and civil defense forces and helpers in the state;
   2. to seize, take, or condemn property if, and only to the extent that, the governor determines that the property is needed for the protection of the public, including
      1. transportation and communication equipment, except newspapers and news services;
      2. fuel;
      3. food, clothing, equipment, materials, medicines, and supplies; and
      4. facilities including buildings and plants;
   3. to sell, lend, give, or distribute the fuel, food, clothing, medicines, and supplies among the inhabitants of the state and account to the commissioner of revenue for funds received for the property;
   4. to make compensation for the property seized, taken, or condemned on the basis described in AS 26.20.045;
   5. to suspend the provisions of a regulatory statute prescribing procedures for the conduct of state business or the order or regulation of a state agency if compliance with the provisions of the statute, order, or regulation would prevent, or substantially impede or delay, action necessary to cope with the emergency;
   6. to use all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the emergency;
   7. to transfer personnel or alter the functions of state departments and agencies or units of them for the purpose of responding to or facilitating the response to the emergency;
   8. to perform and exercise other functions, powers, and duties that are considered necessary to promote and secure the safety and protection of the civilian population.
2. A state of emergency declared under (a) of this section may not remain in effect longer than 30 days unless extended by the legislature by law and may be terminated by law or withdrawal of the declaration.
3. In this section, "credible threat of imminent enemy or terrorist attack" means a threat of attack against persons or property in the state that the adjutant general of the department or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from a local, state, federal, or international agency, or another source that the adjutant general or the designee of the adjutant general, in conjunction with the commissioner of public safety or a designee of the commissioner of public safety, determines is reliable.

History: (Sec. 7 ch 131 SLA 1951; am Sec. 8, 9 ch 179 SLA 2004)

1. The governor is responsible for meeting the dangers presented by disasters to the state and its people.
2. The governor may issue orders, proclamations, and regulations necessary to carry out the purposes of this chapter, and amend or rescind them. These orders, proclamations, and regulations have the force of law.
3. If the governor finds that a disaster has occurred or that a disaster is imminent or threatened, the governor shall, by proclamation, declare a condition of disaster emergency. The disaster emergency remains in effect until the governor finds that the danger has passed or the disaster has been dealt with so that the emergency no longer exists. The governor may terminate the disaster emergency by proclamation. A proclamation of disaster emergency may not remain in effect longer than 30 days unless extended by the legislature by a concurrent resolution. The proclamation must indicate the nature of the disaster, the area threatened or affected, and the conditions that have brought it about or that make possible the termination of the disaster emergency. A proclamation to declare a condition of disaster emergency must also state whether the governor proposes to expend state funds to respond to the disaster under (i) or (j) of this section.
4. An order or proclamation issued under AS 26.23.010 - 26.23.220 shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless prevented or impeded by circumstances attendant upon the disaster, promptly filed with the Alaska division of homeland security and emergency management, the lieutenant governor, and the municipal clerk in the area to which it applies.
5. A proclamation of a disaster emergency activates the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivisions or areas in question, and constitutes authority for the deployment and use of any force to which the plan or plans apply and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available under AS 26.23.010 - 26.23.220 or any other provision of law relating to disaster emergency response.
6. During the effective period of a disaster emergency, the governor is commander in chief of the organized and unorganized militia and of all other forces available for emergency duty. The governor may delegate or assign command authority by appropriate orders or regulations.
7. In addition to any other powers conferred upon the governor by law, the governor may, under AS 26.23.010 - 26.23.220,
   1. suspend the provisions of any regulatory statute prescribing procedures for the conduct of state business, or the orders or regulations of any state agency, if compliance with the provisions of the statute, order, or regulation would prevent, or substantially impede or delay, action necessary to cope with the disaster emergency;
   2. use all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency;
   3. transfer personnel or alter the functions of state departments and agencies or units of them for the purpose of performing or facilitating the performance of disaster emergency services;
   4. subject to any applicable requirements for compensation under AS 26.23.160, commandeer or utilize any private property, except for all news media other than as specifically provided for in AS 26.23.010 - 26.23.220, if the governor considers this necessary to cope with the disaster emergency;
   5. direct and compel the relocation of all or part of the population from any stricken or threatened area in the state if the governor considers relocation necessary for the preservation of life or for other disaster mitigation purpose;
   6. prescribe routes, modes of transportation, and destinations in connection with necessary relocation;
   7. control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in it;
   8. suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles;
   9. make provisions for the availability and use of temporary emergency housing;
   10. allocate or redistribute food, water, fuel, clothing, medicine, or supplies; and
   11. use money from the oil and hazardous substance release response account in the oil and hazardous substance release prevention and response fund, established by AS 46.08.010, to respond to a declared disaster emergency related to an oil or hazardous substance discharge.
8. The governor may expend during a fiscal year not more than $500,000 of state funds per incident to prevent, minimize, or respond to the effects of an incident that may occur or occurs in the state and that, in the determination of the governor, poses a direct and imminent threat of sufficient magnitude and severity to justify state action. Before expending funds under this subsection to respond to an incident, the governor shall provide a financing plan to cope with the incident to the legislature in the same manner prescribed for disaster emergencies under AS 26.23.025(a).
9. If the governor declares a condition of disaster emergency, the governor may expend during a fiscal year not more than $1,000,000 of state funds per disaster declaration, including the assets of the disaster relief fund, to
   1. save lives, protect property and public health and safety, or lessen or avert the threat of the disaster that poses a direct and imminent threat of sufficient severity and magnitude to justify state action;
   2. implement provisions of law relating to disaster relief to cope with the disaster;
   3. alleviate the effects of the disaster by making grants or loans to persons or political subdivisions on terms the governor considers appropriate or by other means the governor considers appropriate.
10. If the disaster described in the governor's proclamation to declare a condition of disaster emergency is a fire, the governor may expend state funds as necessary to save lives or protect property and public health and safety.
11. The governor may expend more than $500,000 of state funds to cope with an incident under (h) of this section or more than $1,000,000 of state funds to cope with a disaster under (i) of this section under the following circumstances:
    1. if the legislature is in session, the legislature approves a financing plan to cope with the incident or disaster that identifies the amount in excess of the expenditure limits that is to be expended from state funds; or
    2. if the legislature is not in session, either
       1. the governor convenes a special session of the legislature within five days after declaring the condition of disaster emergency or within five days after providing a financing plan to cope with an incident to the legislature and the legislature convenes in special session and approves a financing plan to cope with the incident or disaster that identifies the amount in excess of the expenditure limits that is to be expended from state funds; or
       2. the presiding officers of both the house of representatives and the senate agree that a special session should not be convened and so advise the governor in writing.

History: (Sec. 3 ch 104 SLA 1977; am Sec. 1 ch 178 SLA 1990; am Sec. 1 ch 190 SLA 1990; am Sec. 1 ch 128 SLA 1994; am Sec. 2, 3 ch 4 SLA 2000; am Sec. 16 ch 179 SLA 2004)

1. A person convicted of official misconduct under AS 11.56.850, or interference with constitutional rights under AS 11.76.110, as a result of confiscating, attempting to confiscate, or ordering the confiscation of a firearm, under color of law, during a disaster emergency,
   1. forfeits any appointed government position and, if under the jurisdiction of the Alaska Police Standards Council, is subject to revocation of the person's police certification;
   2. is subject to impeachment under art. II, sec. 20, Constitution of the State of Alaska; or
   3. is subject to having the person's elected municipal office declared vacant under AS 29.20.170 or 29.20.280.
2. This section does not apply if the person is acting as a private citizen who has been directed to confiscate a firearm by another whom the person reasonably believes to be a peace officer or active member of the armed forces or militia.
3. A conviction described in (a) of this section is an offense involving a violation of the oath of office for purposes of AS 29.20.170 or 29.20.280.

History: (Sec. 2 ch 32 SLA 2006)

1. The authority to regulate firearms and knives is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxation, or registration of firearms or knives.
2. Municipalities may enact and enforce ordinances
   1. that are identical to state law and that have the same penalty as provided for by state law;
   2. restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that people, domestic animals, or property will be jeopardized; ordinances enacted or enforced under this paragraph may not abridge the right of the individual guaranteed by art. I, sec. 19, Constitution of the State of Alaska, to bear arms in defense of self or others;
   3. restricting the areas in their respective jurisdictions in which firearms or knives may be sold; a business selling firearms or knives may not be treated more restrictively than other businesses located within the same zone; and
   4. prohibiting the possession of firearms or knives in the restricted access area of municipal government buildings; the municipal assembly shall post notice of the prohibition against possession of firearms or knives at each entrance to the restricted access area.
3. The prohibition on taxation in (a) of this section does not include imposition of a sales tax that is levied on all products sold within a municipality.
4. This section applies to home rule and general law municipalities.
5. In this section,
   1. "firearms" includes firearms, or any other element relating to firearms or parts thereof including ammunition and reloading components;
   2. "restricted access area" means the area beyond a secure point where visitors are screened and does not include common areas of ingress and egress open to the general public.

History: (Sec. 10 ch 74 SLA 1985; am Sec. 2, 3 ch 82 SLA 2005; am Sec. 5, 6 ch 54 SLA 2013)

1. A state or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of
   1. an order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to
      1. infringe on a person's right, under the Second Amendment to the Constitution of the United States, to keep and bear arms;
      2. deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the Constitution of the State of Alaska or the Constitution of the United States; or
   2. P.L. 109-13, Division B (REAL ID Act of 2005).
2. In this section,
   1. "asset" means funds, facilities, equipment, services, or other resources of a state or municipal agency;
   2. "state or municipal agency" means the University of Alaska, the Alaska Aerospace Corporation, the Alaska Housing Finance Corporation, the Alaska Industrial Development and Export Authority, the Alaska Energy Authority, the Alaska Railroad Corporation, or a department, institution, board, commission, division, council, committee, authority, public corporation, school district, regional educational attendance area, or other administrative unit of a municipality or of the executive, judicial, or legislative branch of state government, and includes employees of those entities.

History: (Sec. 1 ch 44 SLA 2008; am Sec. 2 ch 52 SLA 2013)

1. A personal firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured commercially or privately in this state and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.
2. This section applies to a firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition, and their importation into this state and incorporation into a firearm, a firearm accessory, or ammunition manufactured in this state does not subject the firearm, firearm accessory, or ammunition to federal regulation. Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearm accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearm accessories, and ammunition under interstate commerce as if they were actually firearms, firearm accessories, or ammunition. The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in this state or made in this state from those materials. Firearm accessories that are imported into this state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in this state.
3. A firearm manufactured or sold in this state and not subject to federal regulation under this section must have the words "Made in Alaska" clearly stamped on a central metallic part, such as the receiver or frame.
4. The attorney general may defend a citizen of this state who is prosecuted by the government of the United States under the congressional power to regulate interstate commerce for violation of a federal law concerning the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition possessed in this state or manufactured and retained within this state.
5. In this section,
   1. "firearm accessory" means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of a firearm, including a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock and grip, speedloader, ammunition carrier, and light for target illumination;
   2. "generic and insignificant parts" includes springs, screws, nuts, and pins;
   3. "manufactured" means a firearm, a firearm accessory, or ammunition that has been created from basic materials for functional usefulness, including forging, casting, machining, or other processes for working materials.
6. A federal statute, regulation, rule, or order adopted, enacted, or otherwise effective on or after the effective date of this Act is unenforceable in this state by an official, agent, or employee of this state, a municipality, or the federal government if the federal statute, regulation, rule, or order violates the Second Amendment to the Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska, by
   1. banning or restricting ownership of a semiautomatic firearm or a magazine of a firearm; or
   2. requiring a firearm, magazine, or other firearm accessory to be registered.
7. The attorney general shall, under the Second Amendment to the Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska, file legal action necessary to prevent the implementation of a federal statute, regulation, rule, or order that violates the rights of a resident of the state.

History: (Sec. 2 ch 23 SLA 2010; am Sec. 3 - 6 ch 52 SLA 2013)

1. Repealed 5/8/2002.
2. A permit issued under AS 18.65.700 - 18.65.790 authorizes the permittee to carry a concealed handgun as provided by AS 11 and AS 18.65.700 - 18.65.790.
3. The department will replace a permit if the permittee appears in person at an office of the Alaska State Troopers to certify under oath, on a form provided by the department, that the permit has been lost, stolen, or destroyed and to provide the items required by AS 18.65.730. Replacement of a permit under this subsection does not change the expiration date of that permit.
4. The department will issue a permit to carry a concealed handgun to an honorably retired peace officer of this state who complies with the requirements of AS 18.65.700(e) and
   1. repealed 5/8/2002;
   2. repealed 5/8/2002;
   3. provides the department with proof of
      1. handgun training as specified in 13 AAC 30.090(a); or
      2. handgun qualification as specified in 13 AAC 30.090(d).

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

1. Before processing an application for a permit, certificate, or other service under this chapter, the department will collect a nonrefundable fee as follows:
   1. new permit application fee ...................................$40 plus the fees required for fingerprint processing under 13 AAC 68.900, if applicable;
   2. permit renewal ...................................................$25;
   3. permit replacement ...............................................$25;
   4. repealed 5/8/2002;
   5. new permit application fee for an honorably retired peace officer $40.
2. The department will conduct a periodic review of the cost of administering the program under this chapter and may adjust the fees set out in (a) of this section after compliance with the AS 44.62 (Administrative Procedures Act).

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

1. Repealed 5/8/2002.
2. An application for a
   1. new permit
      1. from a person who is not applying as an honorably retired peace officer under AS 18.65.700(e) is complete when the requirements of AS 18.65.700(a) and this chapter have been met;
      2. from a person who is applying as an honorably retired peace officer under AS 18.65.700(e) is complete when the requirements of AS 18.65.700(e), 13 AAC 30.085, and 13 AAC 30.090 have been met;
   2. replacement permit is complete when the requirements of AS 18.65.730 and 13 AAC 30.032 have been met;
   3. permit renewal is complete when the requirements of AS 18.65.725 have been met;
   4. repealed 5/8/2002;
   5. handgun course certificate of approval is complete when the requirements of 13 AAC 30.070 have been met.
3. The office that received the application will promptly send it to the department's permits and licensing unit.
4. The department's permits and licensing unit will request permit eligibility information from the Federal Bureau of Investigation, or another agency, that is necessary to make a determination concerning the application.
5. Review of an application for a permit, certificate, or other service under this chapter will be discontinued if
   1. a fee check is returned by a financial institution as being without sufficient funds or is otherwise uncollectible;
   2. discrepancies or omissions are present in the application, or in documents submitted with the application, or the application or accompanying documents have not been completed correctly;
   3. fingerprints accompanying the application are not sufficiently readable for manual or computer use, or the information required to be submitted on fingerprint forms has not been completed correctly;
   4. the department determines that the application or a document submitted in connection with the application contains a false statement that the applicant does not believe to be true; or
   5. the department determines that the applicant is not otherwise qualified or entitled to obtain the permit, certificate, or other service requested.
6. If review of an application is discontinued under (e) of this section, the department will mail to the applicant the department's written reasons for the discontinuance. The department will resume reviewing the application if, within 90 days after the date of the department's written notice that review has been discontinued, the applicant provides supplementary information to the department that resolves the reason for the discontinuance; and necessary supplementary information is described in 13 AAC 30.130(a) if the discontinuance is related to the criteria under AS 18.65.700(a)(8). The department will reject the application if that information is not provided to the department within 90 days after the date of the department's written notice to the applicant that review has been discontinued.
7. If after review of an application, the application is denied, the department will mail to the applicant a notice of denial containing written reasons for the denial. A person whose application has been denied may appeal to the commissioner for reversal of the decision. The appeal must be received in writing within 30 days after the date of the notice of denial, and must set out the reasons for the appeal. The decision of the commissioner or the commissioner's designee will be in writing and will be made within 45 days after receipt of the appeal.
8. A person whose application has been rejected or denied under this section
   1. may not apply again for a period of five years if the rejection or denial was for the reason set out in (e)(4) of this section and the false statement related to a material matter;
   2. repealed 5/8/2002.
9. The department shall issue a permit that states that the permit holder is "not nics exempt" if the permit holder's fingerprints have been rejected by the Federal Bureau of Investigation as not sufficiently readable for manual or computer use.

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

1. If the department suspends a permit under AS 18.65.735, the department immediately will mail or deliver a notice of the suspension to the permittee. The permittee is required by AS 18.65.735 to immediately surrender the permit to the nearest peace officer.
2. A suspension of a permit under (a) of this section remains in effect until the permit is revoked or the permittee provides proof satisfactory to the department that the reason for suspension has been rectified.
3. If the department revokes a permit under AS 18.65.740, the department immediately will mail or deliver a notice of the revocation to the permittee. The permittee is required by AS 18.65.740 to surrender the permit to the nearest peace officer.
4. For purposes of revocation under AS 18.65.740, the date of conviction is the date sentence was imposed or imposition of sentence was suspended under AS 12.55.085 or a similar procedure in another jurisdiction.
5. If a peace officer believes that a permit is subject to suspension or revocation under AS 18.65.735 or 18.65.740, the officer shall immediately notify the department's permits and licensing unit of the identity and location of the permittee and the grounds for suspension or revocation.
6. A permittee who becomes subject to suspension or revocation under (a) or (c) of this section shall immediately notify the department and surrender the permit to the nearest peace officer.
7. If, under 13 AAC 30.130(b), the department has reason to believe that a permittee suffers from a physical infirmity that may prevent the safe handling of a handgun, the department will mail or deliver to the permittee a notice that the department intends to revoke the permittee's permit because of the physical infirmity. After mailing or delivery of the notice, the following procedures apply:
   1. the permittee may submit to the department, within 30 days after the date of the notice, a written report by a physician, optometrist, or other competent medical authority, who can lawfully practice in this state, that, as determined from an examination within the six months before the date of the notice, the permittee does not suffer from the physical infirmity;
   2. if the permittee demonstrates to the department that circumstances beyond the permittee's control prevent the submission of the report within the 30 days, the department will extend the deadline for 15 days;
   3. if the necessary report is not received by the department by the deadline in (1) or (2) of this subsection, whichever is applicable, the permit is automatically revoked and the department will so notify the permittee;
   4. if the permittee submits a report by the deadline set in (1) or (2) of this subsection, but the department determines that the report does not substantiate that the permittee does not suffer from the physical infirmity, the department will mail or deliver to the permittee a notice that the permittee, within 30 days after the date of the notice under this paragraph, may submit another report to meet the requirements of (1) of this subsection;
   5. if a second report is necessary under (4) of this subsection but is not received by the department by the deadline set by that paragraph, the permit is automatically revoked and the department will so notify the permittee;
   6. if a permit is revoked under this subsection, the permittee, upon receipt of the revocation notice under (3) or (5) of this subsection, shall immediately surrender the permit to the nearest peace officer;
   7. if the department timely receives a report that meets the requirements of this subsection, the department will notify the permittee that the permit is not revoked;
   8. a permittee whose permit is revoked under this subsection may appeal the revocation under the procedures in (j) of this section.
8. If, under 13 AAC 30.130(b), the department has reason to believe that a permittee is not able to safely or competently handle a handgun, the department will mail or deliver to the permittee a notice that the department intends to revoke the permittee's permit. After mailing or delivery of the notice, the following procedures apply:
   1. the permittee may submit to the department, within 30 days after the date of the notice, a certificate of completion from an approved handgun course verifying that the permittee has, no earlier than six months before the date of the notice, taken and successfully completed the part of the handgun course described in 13 AAC 30.070(a)(1)(A)(iv);
   2. if the permittee demonstrates to the department that circumstances beyond the permittee's control prevent the submission of the certificate of completion within the 30 days, the department will extend the deadline for 15 days;
   3. if the certificate of completion required by (1) of this subsection is not received by the department by the deadline in (1) or (2) of this subsection, whichever is applicable, the permit is automatically revoked and the department will so notify the permittee;
   4. if a permit is revoked under this subsection, the permittee, upon receipt of the revocation notice under (3) of this subsection, shall immediately surrender the permit to the nearest peace officer;
   5. if the department timely receives the certificate of completion required by (1) of this subsection, the department will notify the permittee that the permit is not revoked;
   6. a permittee whose permit is revoked under this subsection may appeal the revocation under the procedures in (j) of this section.
9. A peace officer who receives a surrendered permit shall immediately
   1. notify the department's permits and licensing unit, identifying the permittee who surrendered the permit, and the date, time, and location the permit was surrendered; and
   2. send the surrendered permit to the department's permits and licensing unit.
10. A person who has surrendered a permit because it has been revoked under this section may appeal to the commissioner for reversal of the revocation. The appeal must be received in writing within 30 days after the date of the notice of revocation, and must set out the reasons for the appeal. The decision of the commissioner or the commissioner's designee will be in writing and will be made within 45 calendar days after receipt of the appeal.
11. A person whose permit is revoked
    1. under AS 18.65.740(a)(1) or (3) may not apply for a new permit under 13 AAC 30.010 sooner than five years following the date of the notice of revocation;
    2. under AS 18.65.740(a)(2) may not apply for a new permit under 13 AAC 30.010 until the person qualifies under AS 18.65.705(4).
12. A permit that is revoked under (g) or (h) of this section may be reinstated if the former permittee provides proof to the department that the reason for revocation has been rectified and complies with the requirements of AS 18.65.725 if the person applies for renewal no later than the 31st day after the original permit would have expired had it not been revoked. If the former permittee does not meet the deadline in this subsection for reinstatement of the permit, the former permittee may apply for a new permit under 13 AAC 30.010, and must provide proof to the department that the reason for revocation has been rectified.

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

1. A person who or organization that wishes to provide a handgun course for the purposes of AS 18.65.715 shall apply to the department, on a form provided by the department, for approval of the course. After processing and review under 13 AAC 30.050, the department will approve the course and will issue a certificate of approval if
   1. the application contains sufficient curriculum and course information to show that
      1. the curriculum includes at least 12 hours of training in the use of handguns that instructs the student in
         1. knowledge of Alaska law relating to firearms and the use of deadly force, including instruction in statutes, administrative regulations, and case law;
         2. the basic concepts of the safe and responsible use of handguns;
         3. knowledge of self-defense principles; and
         4. the physical handling, mechanics, carrying, transporting, storage, loading, and unloading of handguns, including a test of competence with a handgun;
      2. the instruction in the subjects listed in (A)(ii) - (A)(iv) of this paragraph will be provided by an instructor for whom information has been submitted to the department as provided in (3) of this subsection;
      3. the instruction in the subjects listed in (A)(i) of this paragraph will be provided by an attorney licensed to practice law in this state, or by a person with a valid certification as a police officer issued by the Alaska Police Standards Council;
   2. the application contains information sufficient to substantiate that the course will ensure that
      1. a student who has successfully completed instruction in the subjects listed in (1)(A) of this subsection will be provided with a certificate showing the course title, printed name and signature of the primary training instructor, the student's printed name, the student's Alaska driver's license or identification card number, the name of the organization conducting the instruction, the date of successful completion of the instruction, and a statement that the student has demonstrated physical competence with a handgun as required by AS 18.65.715; and
      2. upon request, the department will be
         1. allowed access to course facilities during times of instruction;
         2. allowed access at reasonable times to all records related to the applicant's handgun course;
         3. provided with documentation to confirm the attendance and completion records of a student who applies for a permit;
         4. provided with other information needed to assess the course's qualification for purposes of AS 18.65.715;
   3. the application is accompanied by the following for each course instructor described in (1)(B) of this subsection:
      1. complete instructor information on a form provided by the department, signed by the instructor and the person signing the application under this section, and containing the information specified in (b) of this section;
      2. two sets of fingerprints, obtained as specified in 13 AAC 30.100(b), and the fee required by 13 AAC 68.900, unless two sets of the instructor's fingerprints have been submitted to the department, for purposes of this chapter, within the 12 months preceding the date of the application; and
      3. repealed 5/8/2002.
2. A completed instructor information form required by (a)(3) of this section must
   1. show that the subject instructor is eligible to possess a firearm under the laws of this state and under federal law;
   2. state the subject instructor's Alaska driver's license number or identification card number; and
   3. have attached to it a copy of a certificate of training showing that
      1. the subject instructor has successfully completed a handgun instructor's training course recognized by the department under (d) of this section as providing adequate handgun instructor training; and
      2. the subject instructor's signed statement that the subject instructor remains current with the standards of that handgun instructor's training course.
3. The instructor information form provided by the department and referred to in (a) and (b) of this section will contain the statement that a person signing the form
   1. understands that an investigation may be conducted regarding the information given on the form, including a search of computer records; and
   2. the person authorizes the investigation.
4. The department will recognize a handgun instructor's training course as providing adequate handgun instruction training if the course provides students with instruction in
   1. how to instruct in the topics set out in (a)(1)(A) of this section;
   2. preparing a curriculum and course outline for a handgun training course;
   3. organizing and conducting a handgun training course;
   4. use of visual aids and techniques in student skill development; and
   5. proper testing techniques.
5. An application for a certificate of approval for a handgun course must be signed by a person designated as the chief operating officer of the course. In addition to the penalty provided in AS 18.65.710(a)(6), a false statement made in an application, on a form, or in other information provided to the department under this section for the purposes of this chapter and AS 18.65.700 - 18.65.790 is punishable under AS 11.56.210.
6. A person who or organization that has been issued a certificate of approval under this section shall notify the department's permits and licensing unit in writing if the person or organization is no longer providing instruction on an annual basis.
7. As used in this section, "instruction" or "instructs" includes testing in the subject matter of the curriculum.

History: Eff. 1/4/95, Register 132; am 5/8/2002, Register 162

1. Except as provided in (b) of this section, the department will immediately revoke a handgun course certificate of approval issued under 13 AAC 30.070, and will mail to the certificate holder a notice of the revocation, if the
   1. department has reason to believe that the handgun course no longer meets the requirements of 13 AAC 30.070(a) for approval of a handgun course; or
   2. certificate holder submitted an application under 13 AAC 30.070, or a document in connection with the application, that contained a
      1. false statement that the applicant does not believe to be true; or
      2. material misstatement or omission.
2. If the department obtains information about an instructor of an approved handgun course that would result in denial of the handgun course's application for a certificate of approval if the application was being considered by the department, the department will immediately notify the chief operating officer of the handgun course that, in order to retain the course's certificate of approval, the instructor may not be allowed to continue providing instruction for purposes of AS 18.65.715. The course of instruction being provided by that instructor at the time of notice under this subsection will not satisfy the requirements of AS 18.65.700 - 18.65.790 and 13 AAC 30.010 - 13 AAC 30.900. If the department determines that the instructor is continuing to provide instruction for purposes of AS 18.65.715, the department will immediately revoke the handgun course's certificate of approval and will mail to the certificate holder a notice of revocation.
3. The holder of a certificate of approval that is revoked under this section may appeal the revocation to the commissioner. The appeal must be received in writing within 30 days after the date of the notice of revocation, and must set out the reasons for the appeal. The decision of the commissioner or the commissioner's designee will be in writing and will be made within 45 calendar days after receipt of the appeal.
4. The holder of a certificate of approval that is revoked under this section shall immediately surrender the certificate by sending it to the department's permits and licensing unit.
5. A certificate of approval that is revoked under this section may be reinstated if the person or organization operating the handgun course
   1. provides proof to the department that the reason for the revocation has been rectified; and
   2. resubmits an application for a certificate of approval that meets the requirements of 13 AAC 30.070. However, a certificate of approval that was revoked for the reason set out in (a)(2) of this section may not be reinstated sooner than one year following the date of the notice of revocation under this section.

History: Eff. 1/4/95, Register 132

To establish eligibility as an "honorably retired peace officer of this state" for the purposes of AS 18.65.700(e), the applicant must provide

1. evidence satisfactory to the department to show
   1. employment as a peace officer with a law enforcement agency in this state
      1. for two or more years before terminating employment as a peace officer; and
      2. within the one year before application for a permit under this chapter; and
   2. the person did not terminate employment as a peace officer in lieu of firing, suspension, or other involuntary separation or employee discipline; and
2. repealed 5/8/2002.

History: Eff. 12/9/98, Register 148; am 5/8/2002, Register 162

1. Proof of handgun training for purposes of obtaining a new permit is established by providing to the department, at the time of the application, a copy of a certificate of successful completion of an approved handgun course; the certificate must contain the information required by 13 AAC 30.070(a)(2)(A) and must show that a course described in 13 AAC 30.070(a) has been completed within the 12 months immediately before submitting the application.
2. Repealed 12/9/98.
3. Repealed 12/9/98.
4. An honorably retired peace officer making application under AS 18.65.700(e) desiring to satisfy the handgun qualification requirements for a permit by demonstrating that the applicant has qualified with a handgun within five years of the peace officer's termination of employment from the law enforcement agency must submit a notarized copy of the applicant's record of the handgun qualification and a copy of the law enforcement agency's handgun qualification policy along with the applicant's completed application. The record of handgun qualification must indicate that the applicant's score met or exceeded the minimum passing standard under the handgun qualification policy. For purposes of this subsection, "handgun qualification policy" means the standards by which a person qualified to carry a handgun as part of the person's official duties as a peace officer for the law enforcement agency.

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148

1. A photograph submitted under AS 18.65.700 - 18.65.790 and this chapter must be one frontal view that includes the head and shoulders, must be taken within the 30 days before submission, and must be of a size, color, and condition that will allow the photograph to be processed in the department's identification production equipment. Applications and other forms provided by the department under this chapter will contain detailed specifications for the photograph, necessary for processing.
2. Fingerprints submitted under AS 18.65.700 - 18.65.790 and this chapter must be taken within the 90 days before submission on forms approved by the Federal Bureau of Investigation and in accordance with instructions on those forms. If the fingerprints submitted by an applicant are not sufficiently readable, the applicant must obtain another set at the applicant's expense. Fingerprints may be taken by
   1. a law enforcement agency or state correctional facility; or
   2. a person, not affiliated with a law enforcement agency or state correctional facility, who has received the department's written approval to take fingerprints. A list of persons or agencies approved to take fingerprints will be made available to the public.
3. Repealed 5/8/2002.

History: Eff. 1/4/95, Register 132; am 5/8/2002, Register 162

1. Repealed 5/8/2002.
2. Nothing in this chapter or in AS 18.65.700 - 18.65.790 precludes a person from posting, to the extent allowed by law, a notice regarding the carrying of a concealed handgun.

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

1. display a color photograph of the permittee;
2. show the permittee's name, mailing and residence address, date of birth, and physical description including height, weight, race, hair color, and eye color;
3. show the expiration date of the permit; and
4. repealed 5/8/2002.

History: Eff. 1/4/95, Register 132; am 5/8/2002, Register 162

1. The department, under 13 AAC 30.050, will discontinue review of an application for a permit or permit renewal, if the department has reason to believe that the applicant suffers from a physical infirmity that may prevent the safe handling of a handgun. The department will request from the applicant, as supplementary information under 13 AAC 30.050(f), a written report by a physician, optometrist, or other competent medical authority, who can lawfully practice in this state, that the applicant does not currently suffer from a physical infirmity that prevents the safe handling of a handgun.
2. The department will notify a permittee that it intends to revoke a permit under 13 AAC 30.060(g) or (h) if, after investigation of a report from a criminal justice agency, physician or other medical provider, or member of the general public relating to the handling of a handgun by, or the physical condition of, a permittee, the department has reason to believe that a permittee
   1. suffers from a physical infirmity that may prevent the safe handling of a handgun, the department will use the procedures set out in 13 AAC 30.060(g) to revoke the permit;
   2. is not able to safely or competently handle a handgun, the department will use the procedures set out in 13 AAC 30.060(h) to revoke the permit.
3. The department will not investigate a report relating to the handling of a handgun by, or the physical condition of, a permittee unless the report
   1. is in writing;
   2. is signed; and
   3. provides specific information pertaining to the permittee's physical condition or handling of a handgun.

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

1. The department will provide application forms for persons to use in applying for a permit, certificate of approval, or other service under this chapter. An application form submitted under this chapter, and any document accompanying an application form, must be completed in ink.
2. Along with an application form, the department will provide to an applicant for a permit
   1. a copy of the definitions of the following terms, as set out in 13 AAC 30.900:
      1. alcohol treatment program;
      2. convicted;
      3. felony;
      4. resident; and
      5. substance abuse treatment program;
   2. a concise summary of where, when, and by whom a handgun can be carried under state and federal law; and
   3. written notice that, for purposes of AS 18.65.705(4) and (5), the date of conviction is the date sentence was imposed or imposition of sentence was suspended under AS 12.55.085 or a similar procedure in another jurisdiction.

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148

The department will post, on its official Internet website, the status of reciprocity with another state or a political subdivision of another state. The department will distribute a list of those jurisdictions with reciprocity to a person who makes a request.

History: Eff. 5/8/2002, Register 162

1. In this chapter,
   1. repealed 5/8/2002;
   2. repealed 12/9/98;
   3. "approved handgun course" means a handgun course that has a certificate of approval under 13 AAC 30.070;
   4. "competence" has the meaning given in AS 18.65.790;
   5. "commissioner" means the commissioner of the Department of Public Safety;
   6. "convicted" or "conviction" means that a person has entered a plea of guilty or no contest to, or has been found guilty by a court or jury of, a criminal offense, regardless of whether the judgment was after that set aside under AS 12.55.085 or a similar procedure in another jurisdiction, or was the subject of a pardon or other executive clemency, but does not include a judgment that has been reversed or vacated by a court as a result of motion, appellate action, petition for writ of habeas corpus, or application for post-conviction relief under Rule 35.1 of the Alaska Rules of Criminal Procedure or a similar procedure in another jurisdiction;
   7. "department" means the Department of Public Safety;
   8. repealed 12/9/98;
   9. "office of the Alaska State Troopers" means an office of
      1. the Department of Public Safety, division of Alaska state troopers;
      2. the Department of Public Safety, division of fish and wildlife protection; or
      3. a municipal police department that has submitted a written request to the commissioner to accept applications for concealed handgun permits, and has been approved in writing by the commissioner to accept applications;
   10. "permit" means a permit to carry a concealed handgun issued under this chapter;
   11. "permittee" means a person to whom a permit has been issued.
   12. "nics" means National Instant Check System administered by the Federal Bureau of Investigation.
2. As used in AS 18.65.700 - 18.65.790,
   1. "alcohol treatment program" means counseling about the effects of the consumption of alcohol on human behavior and physiology, whether provided individually or in a group, by a public or private agency, or on an in-patient or out-patient basis;
   2. "approved handgun course" means a course of handgun instruction operated by the holder of a certificate of approval issued under 13 AAC 30.070;
   3. "convicted" has the meaning given in (a) of this section;
   4. repealed 12/9/98;
   5. "felony" means an offense punishable by more than a year of incarceration if committed by an adult, under the laws of this state or a similar law of another jurisdiction;
   6. repealed 12/9/98;
   7. "judge" means a judge, justice, magistrate, or deputy magistrate of this state or the United States, whether sitting in a regular or pro tem capacity, but does not include a special or standing master, or an administrative law judge or hearing officer;
   8. repealed 12/9/98;
   9. repealed 12/9/98;
   10. "resident" has the meaning given in AS 01.10.055;
   11. "statement" has the meaning in AS 11.56.240;
   12. "substance abuse treatment program" means counseling about the effects on human behavior and physiology, of the consumption of alcohol, illegal drugs, or other controlled substances, excluding tobacco, whether provided individually or in a group, by a public or private agency, or on an in-patient or out-patient basis;
   13. repealed 12/9/98;
   14. "honorably retired peace officer of this state" means a peace officer who establishes eligibility under 13 AAC 30.085;
   15. "peace officer" has the meaning given in AS 11.81.900.
3. As used in AS 18.65.700 - 18.65.790 and this chapter, "identification card" means an identification card, issued by the department, that contains a photograph of the person named on the card.

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162