Sectional Analysis for SB 70

"Unlawful Discharge of Firearms"

Section #1 - restructures AS 11.61.200 (e) by deleting the offense of misconduct involving weapons in the third degree and reclassifies it as the unlawful discharge of firearms in the third degree.

Rationale: this reclassification groups this offense with other offenses of unlawful discharge of firearms created in section #2 of the bill. This restructuring makes the statutes easier to understand.

Section #2 - Creates four separate levels of offenses for the unlawful discharge of firearms. Additionally, this section creates a new felony offense for the unlawful discharge of firearms at or in the direction of a building and stiffens the penalty for discharging a firearm in the direction of a building with reckless disregard for a risk that the building is occupied.

Rationale: Last year in Alaska, there was a sharp increase in the number of random reckless discharges of firearms by individuals at buildings. Under current state law, the unlawful discharge of a firearm at a building is only a misdemeanor. This section establishes tough new penalties on those individuals who unlawfully discharge firearms.

Section #3 - classifies and adds the offense of unlawful discharge of a firearm in the first degree to the list of "most serious felonies" in state statutes.

Rationale: this section would add the unlawful discharge of firearm in the first degree to the list of crimes applicable in the newly adopted "Three Strikes and Your Out" law. Under that law specific offenders who have two separate prior class A or unclassified felony convictions are sentenced to a definite term of 40-99 years on their third conviction.

Section #4 - adds the offense of unlawful discharge in the fourth degree to the list of offenses, which if convicted, deny individuals a concealed carry weapons permit.

Rationale: in current state law, the first, second, and third degree offenses of a discharging of firearms already disqualifies individuals from obtaining a concealed weapons permit. This provision would disqualify individuals who discharge a firearm.

1. at or in the direction of a building, other than a dwelling
2. from, on, or across a highway; or
3. with reckless disregard for a risk of physical injury to a person or damage to a property.

Section #5 - adds the "unlawful discharge of a firearm in the first or second degree to the list of possible automatic waiver crimes for certain juveniles. Minors, at least 16 years of age at the time of offenses, would be charged, prosecuted and sentenced in superior court in the same manner as an adult.

Rationale: unlawful discharges of firearms in the first or second degree are serious offenses and this provision would hold minors, 16 years or older, accountable for those offenses in superior court.

Section #6 - adds the offense of "unlawful discharge of a firearm in the first or second degree to the charges of an unclassified felony or class A felony and that are crimes against a person. If a minor petitions the court to be declared a delinquent when being charged for this offense the minor

1. is rebuttably presumed not to be amenable to treatment
2. has the burden of proof of showing that the minor is amenable to treatment.

Rationale: Minors under determination to be waived to adult court may petition the court be declared a delinquent for the commission of the offense. The serious nature of these crimes necessitates that a minor, not the state, provide the burden of proof if such a petition is filed.

Section #7 - restructures current state statutes by grouping all offenses dealing with the unlawful discharge of firearms into one separate section of law.

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