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Airbnb currently running background checks to ban sex offenders and criminals

Airbnb currently running background checks to ban sex offenders and criminals With the prominence of social media and online services, tourists are now becoming more comfortable using online marketplaces for their travel plans. Airbnb is one such service that is becoming quite popular here in the country. In fact, Americans are spending millions of dollars within the app itself as staying [more]

2017 'NICS Retailer Day' registrations now open, one-day event to include presentations and on-site assistance

2017 'NICS Retailer Day' registrations now open, one-day event to include presentations and on-site assistance The Federal Bureau of Investigation (FBI) has now called all Federal Firearms Licensees (FFLs) and interested parties to join its upcoming event that will include several useful resources and presentations pertaining to licensing and gun ownership. The event called the "NICS Retailer Day" will be held on July 25 at [more]

Florida concealed carry permit holder's info hacked, names and Social Security numbers stolen

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Arizona passes new law targeting Tucson's current gun laws

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Proposed Colorado Patient Safety Act Dies in State Senate Committee

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Gun sales surprisingly surge in March, FBI background check data shows

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Alaska Background Check and Gun Laws

Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry"), in which no license is required to carry a handgun either openly or concealed. However, licenses are still issued to residents who want them for purposes of carrying in other states via reciprocity, to be in complete compliance with Federal Gun Free School Zone act. The term "Alaska Carry" has been used to describe laws which require no license to carry handgun openly or concealed but licenses are still available for those who want them.

Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.

Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State Permit to Purchase? Yes No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No Yes AS 18.65.700 through 18.65.778 May carry concealed without permit, though permits can be issued for those who wish to have them.
State Preemption of local restrictions? Yes Yes AS 29.35.145 State preempts "out legislating" state law.
NFA weapons restricted? No No None No
Peaceable Journey laws? No No None Federal rules observed.

ALASKA STATE LAWS AND PUBLISHED ORDINANCES – FIREARMS

Title 8. Business and Professions
Chapter 76. Pawnbrokers and Secondhand Dealers
8.76.010. Transactions to be entered in book kept at place of business

(a) A person engaged in the business of buying and selling secondhand articles, or lending money on second-hand articles, except a bank, shall maintain a book, in permanent form, in which the person shall enter in legible English at the time of each loan, purchase, or sale

(1) the date of the transaction;
(2) the name of the person conducting the transaction;
(3) the name, age and address of the customer;
(4) a description of the property bought or received in pledge, which includes for any firearm, watch, camera, or optical equipment bought or received in pledge, the name of the maker, the serial, model, or other number, and all letters and marks inscribed;
(5) the price paid or amount loaned;
(6) the signature of the customer.

(b) A person who lends money on secondhand articles under (a) of this section and is located in a municipality that has a population of over 5,000 shall also maintain an electronic record that provides the information required by (a)(1) and (4) of this section for the secondhand articles on which the person lends money. The person shall submit the electronic record as required by the municipal law enforcement agency.

8.76.020. Manner of recording entry.

The entries in the book and the electronic record required by as 08.76.010 shall appear in chronological order and, when made in a book, in ink or indelible pencil. Blank lines may not be left between entries. Obliterations, alterations, or erasures may not be made. Corrections shall be made by drawing a line through the entry without destroying its legibility, and, when made in a book, the line shall be drawn in ink. The book shall be open to the inspection of a peace officer at reasonable times.

8.76.030. Criminal liability.

A person who violates AS 08.76.010 or 08.76.020 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.

Title 11. Criminal Law
Chapter 46. Offenses Against Property
11.46.260. Removal of identification marks.

(a) A person commits the crime of removal of identification marks if, with intent to cause interruption to the ownership of another, the person defaces, erases, or otherwise alters or attempts to deface, erase, or otherwise alter any serial number or identification mark placed or inscribed on a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise, or other article or its component parts.
(b) Removal of identification marks is

(1) a class C felony if the value of the property on which the serial number or identification mark appeared is $500 or more;
(2) a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $50 or more but less than $500;
(3) a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $50.

11.46.270. Unlawful possession.

(a) A person commits the crime of unlawful possession if the person possesses a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise or other article or its component parts knowing that the serial number or identification mark placed on it by the manufacturer or owner for the purpose of identification has been defaced, erased, or otherwise altered with the intent of causing interruption to the ownership of another.
(b) Unlawful possession is

(1) a class C felony if the value of the property on which the serial number or identification mark appeared is $500 or more;
(2) a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $50 or more but less than $500;
(3) a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $50.

Chapter 61. Offenses Against Public Order
11.61.190. Misconduct involving weapons in the first degree.

(a) A person commits the crime of misconduct involving weapons in the first degree if the person

(1) uses or attempts to use a firearm during the commission of an offense under AS 11.71.010 – 11.71.040; or
(2) discharges a firearm from a propelled vehicle while the vehicle is being operated and under circumstances manifesting substantial and unjustifiable risk of physical injury to a person or damage to property.

(b) Misconduct involving weapons in the first degree is a class A felony.

11.61.195. Misconduct involving weapons in the second degree.

(a) A person commits the crime of misconduct involving weapons in the second degree if the person knowingly

(1) possesses a firearm during the commission of an offense under AS 11.71.010 – 11.71.040;
(2) violates AS 11.61.200 (a)(1) and is within the grounds of or on a parking lot immediately adjacent to

(A) a public or private preschool, elementary, junior high, or secondary school without the per mission of the chief administrative officer of the school or district or the designee of the chief administrative officer; or
(B) 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; or

(3) discharges a firearm at or in the direction of

(A) a building with reckless disregard for a risk of physical injury to a person; or
(B) a dwelling.

(b) Misconduct involving weapons in the second degree is a class B felony.

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;
(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); or
(12) knowingly possesses a firearm that is concealed on the 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.

(b) It is an affirmative defense to a prosecution (1) under (a)(1) of this section that

(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) under (a)(2) or (10) of this section that

(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) For purposes of (a)(12) of this section, a firearm on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a firearm without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it. A firearm on a person is not concealed if it is unloaded and is encased in a closed container designed for transporting firearms.
(g) It is an affirmative defense to a prosecution under (a)(12) of this section that (1) either

(A) the defendant convicted of the prior of fense 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 defendant’s uncondition al discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(12) 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; and (2) at the time of possession, the defendant was

(A) in the defendant’s dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or
(B) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.

(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.

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 disre gard 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) manufactures, sells, or transfers a switchblade or a gravity knife;
(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 pre school, 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 pre school, 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 administra tive officer for the possession.

(b) [Repealed]
(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.

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 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 possess 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;

(C) within a domestic violence or sexual assault shelter that receives funding from the state; or

(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 ordi nary 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]
(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 moving it from that which covers or encloses it 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 sec tion, 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 adminis trator 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.

11.61.250. Unlawful furnishing of explosives.

(a) A person commits the crime of unlawful furnishing of explosives if the person furnishes an explosive substance or device to another knowing that the other intends to use the substance or device to commit a crime.
(b) Unlawful furnishing of explosives is a class C felony.

Chapter 81. General Provisions
11.81.900. Definitions.

(a) For purposes of this title, unless the context requires otherwise, (17) “deadly weapon” means any firearm, or anything designed for and capable of causing death or serious physical injury; including a knife, an axe, a club, metal knuckles, or an explosive; (20) “defensive weapon” means an electric stun gun, or a device to dispense mace or a similar chemical agent, that is not designed to cause death or serious physical injury; (26) “firearm” means a weapon, including a pistol, revolver, rifle, or shotgun, whether loaded or unloaded, operable or inoperable, designed for discharging a shot capable of causing death or serious physical injury; (48) “possess” means having physical possession or the exercise of dominion or control over property;

Title 12. Code of Criminal Procedure
Chapter 62. Criminal Justice Information and Records Checks
Article 2. National Crime History Record Check

12.62.400 National criminal history record checks for employment, licensing, and other noncriminal justice purposes.

To obtain a national criminal history record check for determining a person’s qualifications for a license, permit, registration, employment, or position, a person shall submit the person’s fingerprints to the department with the fee established by AS 12.62.160. The department may submit the fin gerprints to the Federal Bureau of Investigation to obtain a national criminal history record check of the person for the purpose of evaluating a p erson’s qualifications for (9) a concealed handgun permit under AS 18.65.700 – 18.65.790; …

Title 29. Municipal Government
Chapter 35. Municipal Powers and Duties
29.35.145. Regulation of Firearms.

(a) The authority to regulate firearms is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxation, or registration of firearms.
(b) Municipalities may enact and enforce ordinances

(1) that are identical to state law and that have the same penalty as provided for by state law;
(2) restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that people, domestic animals, or property will be jeopardized; ordinances enacted or enforced under this paragraph may not abridge the right of the individual guaranteed by art. I, sec. 19, Constitution of the State of Alaska, to bear arms in defense of self or others;
(3) restricting the areas in their respective jurisdictions in which firearms may be sold; a business selling firearms may not be treated more restrictively than other businesses located within the same zone; and
(4) prohibiting the possession of firearms in the restricted access area of municipal government buildings; the municipal assembly shall post notice of the prohibition against possession of firearms at each entrance to the restricted access area.

(c)The prohibition on taxation in (a) of this section does not include imposition of a sales tax that is levied on all products sold within a municipality.
(d) This section applies to home rule and general law municipalities.
(e) In this section,

(1) “firearms” includes firearms, or any other element relating to firearms or parts thereof including ammunition and reloading components;
(2) “restricted access area” means the area beyond a secure point where visitors are screened and does not include common areas of ingress and egress open to the general public.

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