MISCONDUCT INVOLVING WEAPONS

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HOUSE BILL NO. 134

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY REPRESENTATIVES CARRICK, Gray

Introduced: 3/14/25
Referred: State Affairs, Judiciary

A BILL

FOR AN ACT ENTITLED

"An Act relating to misconduct involving weapons in the fourth degree; and establishing 1
the offense of misconduct involving weapons in the sixth degree." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 4
to read: 5
SHORT TITLE. This Act may be known as the Alaska Child Access Prevention and 6
Secure Storage of Firearms Act. 7
* Sec. 2. AS 11.61.210(a) is amended to read: 8
(a) A person commits the crime of misconduct involving weapons in the 9
fourth degree if the person 10
(1) possesses on the person, or in the interior of a vehicle in which the 11
person is present, a firearm when the person's physical or mental condition is impaired 12
as a result of the introduction of an intoxicating liquor or a controlled substance into 13
the person's body in circumstances other than described in AS 11.61.200(a)(7); 14
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(2) discharges a firearm from, on, or across a highway; 1
(3) discharges a firearm with reckless disregard for a risk of damage to 2
property or a risk of physical injury to a person under circumstances other than those 3
described in AS 11.61.195(a)(3)(A); 4
(4) manufactures, possesses, transports, sells, or transfers metal 5
knuckles; 6
(5) sells or transfers a switchblade or a gravity knife to a person under 7
18 years of age without the prior written consent of the person's parent or guardian; 8
(6) knowingly sells a firearm or a defensive weapon to a person under 9
18 years of age; 10
(7) other than a preschool, elementary, junior high, or secondary 11
school student, knowingly possesses a deadly weapon or a defensive weapon, without 12
the permission of the chief administrative officer of the school or district or the 13
designee of the chief administrative officer, within the buildings of, on the grounds of, 14
or on the school parking lot of a public or private preschool, elementary, junior high, 15
or secondary school, on a school bus while being transported to or from school or a 16
school-sponsored event, or while participating in a school-sponsored event, except that 17
a person 21 years of age or older may possess 18
(A) a deadly weapon, other than a loaded firearm, in the trunk 19
of a motor vehicle or encased in a closed container in a motor vehicle; 20
(B) a defensive weapon; 21
(C) an unloaded firearm if the person is traversing school 22
premises in a rural area for the purpose of entering public or private land that is 23
open to hunting and the school board with jurisdiction over the school 24
premises has elected to have this exemption apply to the school premises; in 25
this subparagraph, "rural" means a community with a population of 5,500 or 26
less that is not connected by road or rail to Anchorage or Fairbanks or with a 27
population of 1,500 or less that is connected by road or rail to Anchorage or 28
Fairbanks; [OR] 29
(8) being a preschool, elementary, junior high, or secondary school 30
student, knowingly possesses a deadly weapon or a defensive weapon, within the 31
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buildings of, on the grounds of, or on the school parking lot of a public or private 1
preschool, elementary, junior high, or secondary school, on a school bus while being 2
transported to or from school or a school-sponsored event, or while participating in a 3
school-sponsored event, except that a student may possess a deadly weapon, other 4
than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student 5
has obtained the prior permission of the chief administrative officer of the school or 6
district or the designee of the chief administrative officer for the possession; or 7
(9) violates AS 11.61.225 and, as a result of the violation, an 8
individual under 18 years of age or a prohibited person uses the firearm to 9
commit a crime or injure self or another; in this paragraph, "prohibited person" 10
has the meaning given in AS 11.61.225(b). 11
* Sec. 3. AS 11.61 is amended by adding a new section to read: 12
Sec. 11.61.225. Misconduct involving weapons in the sixth degree. (a) A 13
person commits the offense of misconduct involving weapons in the sixth degree if the 14
person 15
(1) keeps on a premises a firearm that is not carried by, or otherwise 16
under the control of, the owner or an authorized person; and 17
(2) knows or reasonably should know that an individual under 18 years 18
of age, who is not an owner or authorized person, or a prohibited person is able to gain 19
access to a firearm owned or under the control of the person and the person fails to 20
secure the firearm in a locked container, with a gun lock, or by other means to render 21
the firearm inaccessible or unable to be used by a person who is not the owner or an 22
authorized person. 23
(b) In this section, 24
(1) "authorized person" means a person granted permission by the 25
owner or a person in possession of a firearm to carry or control the firearm on a 26
temporary basis while in the presence of the owner or person in possession; 27
(2) "control" means a firearm is within a proximity of the owner or an 28
authorized person that allows the owner or authorized person to 29
(A) retrieve and use the firearm in the same manner as if the 30
firearm were carried on the person of the owner or authorized person; and 31
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(B) prevent another person who is not an authorized person 1
from obtaining the firearm; 2
(3) "locked container" means a storage device approved, or that meets 3
specifications established by, the Department of Public Safety; 4
(4) "prohibited person" means a person who is prohibited from 5
possessing a firearm under 18 U.S.C. 922(g) or by state law. 6
(c) Misconduct involving weapons in the sixth degree is a violation punishable 7
by a fine of not more than $1,000. 8
* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 9
read: 10
APPLICABILITY. This Act applies to offenses committed on or after the effective 11
date of this Act. 12