HB24 was introduced by Rep. Mark Neuman. The bill adds the following qualification to AS 11.81.335(b) (in bold below):
“(b) A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is
(1) on premises
(A) that the person owns or leases;
(B) where the person resides, temporarily or permanently; or
(C) as a guest or express or implied agent of the owner, lessor, or
(2) a peace officer acting within the scope and authority of the officer’s
employment or a person assisting a peace officer under AS 11.81.380;
(3) in a building where the person works in the ordinary course of the person’s
(4) protecting a child or a member of the person’s household;
(5) or in any place where a person has a right to be.
HB24 expands the right to self-defense with a firearm to any place where a person has the right to be. There is no longer a ‘duty’, a liberal mechanism that requires the law abiding to be victims, to retreat in the face of a threat to one’s life or the life of another.
All law abiding citizens who carry a firearm in Alaska for self-defense need to know the law regarding the use of deadly force. A concealed carry course is strongly recommended to provide the legal foundation for use of deadly force in a self-defense situation. One does not have go through with the permit, unless one desires to do so in order to carry out of state.
HB55 introduced by Rep. Bob Lynn allows carry on campus by teachers, janitors, or other permanent emloyee staff provided they complete a firearms training course acceptable to the Commissioner, Department of Public Safety (DPS).
A potential problem with this bill is the latitude given the Commissioner DPS. If the administration were to change with a DPS Commissioner who did not agree with the new statute, the bar could be set so high on firearms training that a Delta Force commando would not be able to meet the training requirements. The bill should have defined the training with respect to a concealed carry permit, or other standards under Alaska Statutes. It appears that this bill will probably undergo more modifications as it goes through the committee review process.
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