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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 61. Offenses Against Public Order
- Section 220. Misconduct Involving Weapons in the Fifth Degree.
previous: Section 215
. Intoxication as Applicable to Possession of a Firearm. [Repealed, Sec. 11 Ch 59 SLA 1991].
next: Section 230
. [Renumbered as AS 11.46.315
AS 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
- (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
- (3) being an unemancipated minor under 16 years of age, possesses a firearm without the consent of a parent or guardian of
- (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 posses 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
- (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, Sec. 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
- (2) peace officer employed by another state or a political subdivision of another state who, at the time of the
- (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.
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