a) A person commits the crime of misconduct involving weapons in the fifth degree if the person
Sec. 11.61.220. Misconduct involving weapons in the fifth degree.
(a) 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,
(A) that is concealed on the person, and, when contacted by a peace officer, the person fails to
(i) immediately inform the peace officer of that possession; or
(ii) 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;
(B) 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 without the consent of a parent or guardian of the minor;
(4) knowingly possesses a firearm
(A) 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;
(B) within a
(i) courtroom or office of the Alaska Court System; or
(ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or
(C) within a domestic violence or sexual assault shelter that receives funding from the state;
(5) possesses or transports a switchblade or a gravity knife; or
(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.
(b) 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.
(c) 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.
(d) In a prosecution under (a)(2) of this section, it is
(1) an affirmative defense that
(A) [Repealed, § 7 ch 62 SLA 2003.]
(B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and
(C) 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
(A) owned by or leased by the defendant; or
(B) in the course of the defendant's employment for the owner or lessee of those premises.
(e) 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.
(f) 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.
(g) Misconduct involving weapons in the fifth degree is a class B misdemeanor.
(h) 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
(A) certified as a peace officer by the other state; and
(B) 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.
(i) 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.
(j) 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.
((§ 7 ch 166 SLA 1978; am § 23 ch 102 SLA 1980; am §§ 8, 9 ch 59 SLA 1991; am §§ 17, 18 ch 79 SLA 1992; am §§ 1 - 3 ch 67 SLA 1994; am § 2 ch 124 SLA 1994; am § 3 ch 130 SLA 1994; am § 3 ch 33 SLA 1995; am §§ 4 - 8 ch 1 SLA 1998; am § 1 ch 10 SLA 1998; am § 4 ch 58 SLA 1999; am §§ 1, 2 ch 94 SLA 2000; am §§ 1 - 4, 7 ch 62 SLA 2003; am § 4 ch 99 SLA 2004; am § 5 ch 57 SLA 2005))
Revisor's notes. Paragraphs (i)(1) and (i)(2) were enacted as (i)(A) and (i)(B). Renumbered in 1998.
Effect of amendments. The first 1998 amendment, effective April 14, 1998, in paragraph (a)(4) added the subparagraph (A) designation and added subparagraphs (B) and (C); in subsection (b) substituted "the weapon was a concealed handgun" for "the deadly weapon concealed was a handgun," in paragraph (3) [now repealed]; added paragraph (4) [now repealed], and made a related stylistic change; in subsection (c) made a subsection reference substitution; in subsection (d) added paragraph (1), designated the existing provisions of that subsection as paragraph (2), and rewrote the material appearing therein; and added subsections (h) and (i).
The second 1998 amendment, effective April 14, 1998, rewrote subsection (h).
The 1999 amendment, effective July 1, 2000, inserted a section reference in subparagraph (a)(4)(A).
The 2000 amendment, effective August 29, 2000, deleted "and the possession did not occur in a municipality or established village in which the possession of concealed handguns is prohibited under AS 18.65.780 - 18.65.785" from the end of paragraphs (b)(3) [now repealed], (b)(4) [now repealed], and (d)(1).
The 2003 amendment, effective September 9, 2003, in paragraph (a)(1) added "is 21 years of age or older and" at the beginning, added subparagraph (B) and the subparagraph (A) designation, in subparagraph (A) added ", and, when contacted by a police officer, the person fails to" at the beginning of the introductory language, and added items (i) and (ii); added paragraph (a)(6); in subsection (b) updated a paragraph reference in the introductory language, deleted paragraphs (3) and (4), and made related stylistic changes; repealed subparagraph (d)(1)(A); in subsection (h) inserted "and (6)" in the introductory language; and added subsection (j).
The 2004 amendment, effective June 26, 2004, deleted "AS 14.37" following "licensed under" in paragraph (a)(4)(A), and made related changes.
The 2005 amendment, effective July 2, 2005, in subparagraph (a)(4)(A) substituted "an entity" for "a center," inserted "as a child care facility," updated a section reference, and added the language beginning "except that" to the end of the subparagraph.
Editor's notes. Under sec. 55(b), ch. 57, SLA 2005, until June 30, 2006, the reference to AS 47.32 in this section includes former AS 47.33 and AS 47.35.
Legislative history reports. For revision of 1978 legislative committee report on AS 11.61.220, see 1979 House Journal, pp. 632-633. For a report on Chapter 102, SLA 1980 (HCS CSSB 511), see 1980 Senate Journal Supplement, No. 44, May 29, 1980, or 1980 House Journal Supplement, No. 79, May 29, 1980.
Opinions of attorney general. Because AS 11.55.020 (now this section) excepts only "peace officers" from the general prohibition against carrying concealed weapons, other persons, including state employees charged with limited law enforcement duties unless a peace officer within the meaning of AS 01.10.060(6), may not carry concealed weapons. December 22, 1977, Op. Att'y Gen.
A comparison of the language of AS 18.65.010(b), which describes the general powers and duties of a specially commissioned officer, with that of AS 18.65.080, which describes the powers and duties of commissioned officers of the Department of Public Safety with particular reference to "member" of the state troopers, supports the conclusion that a specially commissioned officer is a "peace officer" for purposes of both AS 01.10.060(6) and AS 11.55.020 (now this section) when performing law enforcement duties within the limitations set forth on the face of a special commission and furthermore, may carry concealed weapons without violating AS 11.55.010 (now this section) while performing these duties to the extent permitted by the commission itself. December 22, 1977, Op. Att'y Gen.