Section 11.61.210. Misconduct involving weapons in the fourth degree.

   (a) A person commits the crime of misconduct involving weapons in the fourth degree if the person
        (1) possesses on the person, or in the interior of a vehicle in which the person is present, a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or a controlled substance into the person's body in circumstances other than described in AS 11.61.200(a)(7);
        (2) discharges a firearm from, on, or across a highway;
        (3) discharges a firearm with reckless disregard for a risk of damage to property or a risk of physical injury to a person under circumstances other than those described in AS 11.61.195(a)(3)(A);
        (4) manufactures, possesses, transports, sells, or transfers metal knuckles;
        (5) sells or transfers a switchblade or a gravity knife to a person under 18 years of age without the prior written consent of the person's parent or guardian;
        (6) knowingly sells a firearm or a defensive weapon to a person under 18 years of age;
        (7) other than a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a person 21 years of age or older may possess
             (A) a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle;
             (B) a defensive weapon;
             (C) an unloaded firearm if the person is traversing school premises in a rural area for the purpose of entering public or private land that is open to hunting and the school board with jurisdiction over the school premises has elected to have this exemption apply to the school premises; in this subparagraph, "rural" means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or
        (8) being a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a student may possess a deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student has obtained the prior permission of the chief administrative officer of the school or district or the designee of the chief administrative officer for the possession.
   (b)   [Repealed, Sec. 4 ch 63 SLA 1990]. 
   (c) The provisions of (a)(7) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
   (d) Misconduct involving weapons in the fourth degree is a class A misdemeanor.

Authorities

14.03.160

Notes

References

5 AAC 92.140
AS 14.03.160 Suspension or expulsion of students for possessing weapons.

History

(Sec. 7 ch 166 SLA 1978; am Sec. 21, 22 ch 102 SLA 1980; am Sec. 2, 4 ch 63 SLA 1990; am Sec. 7 ch 59 SLA 1991; am Sec. 15, 16 ch 79 SLA 1992; am Sec. 1, 2 ch 33 SLA 1995; am Sec. 2 ch 89 SLA 1997; am Sec. 3 ch 1 SLA 1998; am Sec. 1 ch 54 SLA 2013)