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Posted: 10/25/2004 10:16:57 AM EST
I know that Alaska has gone to the Vermont style concealed carry (no permit required) but was looking at the current Alaska Statutes and saw this:

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) knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person.

I was wondering if this contradicted the concealed carry law? If you are carrying concealed for defensive purposes would you be exempt because it is a defensive weapon? How do they determine if you are carrying concealed defensively or offensively since if it is still concealed you would have to prove intent? Maybe I am missing something I just thought it was strange.
Link Posted: 10/25/2004 4:09:33 PM EST
Hmm. Interesting, although I have no idea what weapons they are talking about.
Link Posted: 10/25/2004 5:36:23 PM EST
[Last Edit: 10/25/2004 5:41:01 PM EST by AK_Mike]
A concealed carried handgun does not make your firearm a defensive weapon. You are specifically exempted below if I am not mistaken.

Following down the statute.

(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(A) [Repealed, Sec. 7 ch 62 SLA 2003].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

AS 18.65.790 is linked to 18.65.700 defining concealed carry.

Anywone who wants to read out statutes go here Alaska Statutes

Do a query 11.51.220 and read the entire statute. There are sections that define what a defensive weapon is as well, the specific ban on autoknives, gravity blades, and brass knuckles. Concealing an axe or club is a no-no.

Sometimes you really have to be carefull and watch the indents and sub items to get to the end of particular situation.

The Statutes are interesting.
Sec. 11.61.130. Misconduct involving a corpse.
(a) A person commits the crime of misconduct involving a corpse if
(1) except as authorized by law or in an emergency, the person intentionally disinters, removes, conceals, or mutilates a corpse;
(2) the person engages in sexual penetration of a corpse; or
(3) the person detains a corpse for a debt or demand or upon a lien or charge.
(b) Misconduct involving a corpse is a class A misdemeanor.

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 a center, other than a private residence, licensed under AS 14.37, AS 47.33, or AS 47.35 or recognized by the federal government for the care of children;

(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, 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 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.
Link Posted: 10/25/2004 6:30:19 PM EST
AK_Mike you are the man! Great info this should make things very clear.
Link Posted: 10/25/2004 6:47:32 PM EST
You are the man. I don't know how I missed that when I was reading. thanks
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