As amended through July 24, 2024
Rule 26.2 - Court Security(a) Except as otherwise provided by this rule, no person may possess a weapon on the premises of any court facility, or in the portion of any other building occupied by the court system, unless the weapon is to be used as evidence in a court proceeding. The term weapon includes firearms, knives, and chemical agents such as mace and pepper spray. This prohibition does not apply to: (2) a private uniformed security guard employed by a financial institution or private security service who is transporting money or other valuables;(3) a private security guard under contract with the court system to provide security services within a court facility who possesses a weapon authorized under the contract;(4) a judicial officer, who may possess on the premises of any court facility, or in the portion of any other building occupied by the court system: (a) small knives or multi-tools (like Swiss Army-type or Leathermantype tools) provided that any knife blade may not exceed 4 inches in length, except for kitchen knives and utensils for purposes of food preparation and service on court premises; (b) small chemical agent canisters for personal safety purposes; and (c) any other weapon upon receiving written authorization from the administrative director. Authorization to possess a weapon, other than a handgun under (c) of this rule, will be given only upon a showing of good cause.(5) court system employees, who may possess on the premises of any court facility, or in the portion of any other building occupied by the court system: (a) small knives or multitools (like Swiss Army-type or Leatherman-type tools) provided that any knife blade may not exceed 4 inches in length, except for kitchen knives and utensils for purposes of food preparation and service on court premises; and (b) small chemical agent canisters for personal safety purposes; or(6) court system facility construction contractors, who may possess on the premises of court facilities knives and knife-like tools that are necessary for their work.(b) The exemptions listed in (a)(1)-(3) and (a)(5)-(6) apply only to persons acting within the scope and authority of their employment. A peace officer, private security guard, court system employee, or court system contractor who is participating in or attending a court proceeding outside the scope of his or her employment, whether as a party, witness, victim, or other interested person, is not permitted to bring a weapon onto court premises. (c) A judicial officer must comply with the requirements of this subsection and must notify and receive written authorization from the administrative director prior to bringing a handgun into a court facility. (1) Before a judicial officer may bring a handgun into the premises of any court facility, or in the portion of any other building occupied by the court system, the judicial officer must provide to the administrative director a certificate of successful completion of a handgun course as described in AS 18.65.715. A valid Alaska Concealed Handgun Permit issued by the Department of Public Safety will satisfy the requirement of a certificate. The certificate or Alaska Concealed Handgun Permit must be obtained within five years prior to the date of the judicial officer's notification to the administrative director that the officer intends to bring a handgun onto court system premises. The administrative director will issue a letter of approval to the judicial officer unless there is good cause to withhold approval. The administrative director may withdraw approval to possess a handgun on court premises for good cause. The administrative director will inform the director of court security and the area court administrator in the judicial district where the judicial officer sits that the judicial officer has permission to have a handgun, and require that this information be kept confidential.(2) The administrative director may advise the supervisor of the Alaska State Trooper/Judicial Services unit or the chief of the police department that provides court security at each court location of the names of the judicial officers who are approved to possess handguns on court premises. The administrative director will request that this information be kept confidential and disseminated only to those law enforcement personnel who need to know that a judicial officer may be armed.(3) For each judicial officer who notifies and receives authorization from the administrative director to possess a handgun on court premises, the court system will provide a handgun safe, which shall be permanently secured in the judicial officer's chambers. The judicial officer must keep the handgun and ammunition secure at all times while on court premises: the handgun and ammunition must be secured in the handgun safe or in the judicial officer's locked vehicle at all times when the judicial officer is not carrying the handgun securely on his or her person.(4) In the event that law enforcement personnel respond to a law enforcement or court security incident on court premises and make contact with an armed judicial officer, the judicial officer shall notify the law enforcement officer as soon as safely practicable that the judicial officer is armed; if requested by the law enforcement officer, the judicial officer shall surrender his or her handgun to the law enforcement officer or comply with other lawful directions given by the law enforcement officer.(d) Weapons to be used as evidence in court proceedings must be marked and prepared as directed by the administrative director by administrative bulletin. Each presiding judge may prescribe procedures for courts within that judge's district requiring prior notification to designated court personnel before weapons to be used as evidence may be brought onto court premises.Adopted by SCO 1321 effective 4/14/1998; amended by SCO 1606 effective 10/15/2006; amended by SCO 1801 effective 3/15/2013; amended by SCO 1992 effective 10/5/2022; amended by SCO 1997 effective 1/17/2023. CROSS REFERENCE: See Administrative Bulletin No. 9 , section IV(C), on exhibit procedures.