Sectional Analysis for HB 269

Section 1 and 2 amend Alaska criminal statutes to make clear that no felon, even a non-violent felon, would ever be able to apply for a concealed carry permit.

Sections 3, 5 and 15 of the bill make several things much cleaner and easier to enforce. If a person is a concealed handgun permit holder from another state and comes to Alaska to visit, we will recognize that permit. However, that person is responsible for following the laws regulating Alaskan permit holders. Section 15 should be amended to recognize a visitor's out-of-state permit for 120 days in Alaska, but no longer. This also allows a new Alaskan resident an opportunity to make the transition from one state to Alaska and comply with the 90 day waiting period mandated by our permit law and the 30 day application period with the Department of Public Safety.

These amendments simply recognize equality of Americans as requested by SJR 14, which supports legislation in the U.S. Congress seeking nationwide recognition of concealed carry permits issued by any government agency or subdivision.

Sections 3 and 5 improve definitions and continues to permit a municipality or village to prohibit possession of concealed handguns.

Section 5 leaves existing law in place making bars off limits to concealed handguns, but does allow access to restaurants identified under AS 04.16.049. If the Alcohol Beverage Control Board fins that a business, or a specific area of a business, is not a bar you will be allowed to carry concealed, but you will not be allowed to drink any alcohol.

Sections 7 and 11 ensure that the applicant for a permit receives a copy of the state law and regulations and certifies the applicant read them. The bill also requires the Department of Public Safety to compile a concise summary of where, when and by whom a handgun can be carried under state and federal law. The Department is already working to compile this summary.

Section 8 requires the Department to process the permit if the permittee is otherwise eligible without having to wait for weeks or months for the F.B.I. to complete fingerprinting checks. The Department is given authority to immediately revoke a conditional permit whenever it receives information from checking fingerprinting that makes the permittee ineligible. This conforms statute to what the Department of Public Safety already does in practice.

Section 10 simplifies the standards for qualifications to apply for a permit.

Under existing law, in order to carry openly you must be 21 years of age or older and be allowed by state or federal law to own or possess a handgun. Those under 21 can carry with their parent's permission.

Under existing state law, in order to carry concealed during outdoor activities, in your dwelling, in your business, where you are employed or on land owned or leased by the person (see AS 11.61.220) you must be 16, and you must be allowed by state and federal law to own or possess a firearm.

Under existing law, in order to carry concealed in other places than those mentioned above, you must acquire a permit. If HB 269 (SB 141) is passed, in order to do that you must be 21, you must be allowed by state and federal law to own or possess a firearm, you must be a 90 day resident of the state immediately preceding your application for a concealed handgun permit, you must receive training and education and you must demonstrate competence with a handgun.

Federal and state law already address who may own or possess a handgun. In addition, HB 269 (SB 141) prohibits anyone convicted of two Class A misdemeanors in the last six years from applying for or retaining a concealed carry permit. The Department of Public Safety strongly supports this provision in HB 269 (SB 141).

Section 12 simply reduces the fees from $125 to $99 for initial application and from $60 to $30 for renewal or replacement to better reflect the true cost. Other States have even lower fees or no fees at all. This should still leave the Department with at least $40 for processing each permit above the costs for F.B.I. and background checks.

Section 13 amends language to clearly give the Department the authority to immediately suspend permits for anyone who is ineligible under state or federal law to own or possess a handgun.

Section 14 amends language to increase from 5 to 6 years the time frame for disallowing repeat offenders. This provision is tougher than existing law.

Section 16 repeals a long list of special prohibitions that don't apply to open carry or, in some cases, to concealed carry unpermitted. Instead, there is a flat prohibition for possession of a concealed handgun wherever federal or state law prohibits possession of a handgun. With a single exception for certain restaurants, existing law controlling the open carry of handguns while still apply to permitted concealed carry.

A restrictive laundry list of prohibitions tailored only for the fingerprinted, trained, permitted carriers make little sense when state law allows you to carry openly in those places. Federal and state law already address where handguns can be possessed. In addition, any private business has the right to post signs prohibiting carrying handguns whether concealed or open (See Senate Finance testimony by Dean Guaneli, Department of Law and March 24 and April 29 memos from Legislative Legal counsel). State or public offices may also post signs The penalty for violating these provisions is criminal trespass.

Section 17 simplifies definitions so that shotguns, rifles and all weapons prohibited under AS 11.61.200 do not qualify for concealed carry. Otherwise, just as in every other state, any handgun not otherwise prohibited by state or federal law is treated equally. There are no examples, apparently, anywhere in the United States, where a permittee has used a derringer or "miniature" handgun in a crime. (See Tennessee Law Review, page 707)

Section 18 repeals renewal training requirements; sections no longer justified under the principle "where you can carry open, you can carry concealed." AS 18.65.715(b), 18.65.725(a)(3), and 18.65.755(b).

Sections 4, 6 and 9 are included to make special provisions for certain peace officers and carrying concealed. While there are objections to making special provisions for certain individuals, it is not unreasonable to amend the bill to provide special exemptions for peace officers. This especially seems reasonable in light of the increasing support from peace officers and their organizations for the concept of concealed carry by law-abiding citizens.

We urge the adoption of HB 269 (SB 141) to continue the excellent record set this year by the Legislature toward reducing government regulation and taking practical steps to make Alaska's government smaller and smarter.