Section 11.61.200. Misconduct involving weapons in the third degree.

   (a) A person commits the crime of misconduct involving weapons in the third degree if the person
        (1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory;
        (2) knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory;
        (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon;
        (4) knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body;
        (5) removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable;
        (6) possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable;
        (7) violates AS 11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body;
        (8) violates AS 11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;
        (9) communicates in person with another in violation of AS 11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;
        (10) resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located; or
        (11) discharges a firearm from a propelled vehicle while the vehicle is being operated in circumstances other than described in AS 11.61.190(a)(2).
        (12)  [Repealed, Sec. 2 ch 100 SLA 2010].
   (b) The provisions of
        (1) (a)(1) of this section do not apply to a person if
             (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction;
             (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or
             (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(1) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory;
        (2) (a)(2) or (10) of this section do not apply to a person if
             (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction;
             (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or
             (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the violation of (a)(2) or (10) of this section, and the prior conviction did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory.
   (c) It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act).
   (d) It is an affirmative defense to a prosecution under (a)(11) of this section that the person was using a firearm while hunting, trapping, or fishing in a manner not prohibited by statute or regulation.
   (e) The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
   (f)  [Repealed, Sec. 2 ch 100 SLA 2010].
   (g)  [Repealed, Sec. 2 ch 100 SLA 2010].
   (h) As used in this section,
        (1) "prohibited weapon" means any
             (A) explosive, incendiary, or noxious gas
                  (i) mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death;
                  (ii) rocket, other than an emergency flare, having a propellant charge of more than four ounces;
                  (iii) bomb; or
                  (iv) grenade;
             (B) device designed, made, or adapted to muffle the report of a firearm;
             (C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or
             (D) rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches;
        (2) "unconditional discharge" has the meaning ascribed to it in AS 12.55.185.
   (i) Misconduct involving weapons in the third degree is a class C felony.

Authorities

11.61.195;11.61.210;18.65.790;26.20.100;33.16.150

Notes

References

17 AAC 42.065
7 AAC 10.905
AS 11.61.195 Misconduct involving weapons in the second degree.
AS 11.61.210 Misconduct involving weapons in the fourth degree.
AS 18.65.790 Definitions.
AS 26.20.100 Traffic control.
AS 33.16.150 Conditions of parole.

History

(Sec. 7 ch 166 SLA 1978; am Sec. 1 ch 63 SLA 1990; am Sec. 1 ch 189 SLA 1990; am Sec. 4 - 6 ch 59 SLA 1991; am Sec. 3 ch 64 SLA 1991; am Sec. 11 - 14 ch 79 SLA 1992; am Sec. 2, 3 ch 113 SLA 1994; am Sec. 4 ch 60 SLA 1996; am Sec. 7 ch 64 SLA 1996; am Sec. 1, 2 ch 1 SLA 1998; am Sec. 1, 2 ch 100 SLA 2010)