Legislature(1999 - 2000)
1999-07-28 Senate Journal
Full Journal pdf1999-07-28 Senate Journal Page 1816 SB 130 Message dated and received July 9, stating: Dear President Pearce: Under authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR SENATE BILL NO. 130(JUD) An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm. The primary statutory functions of the Department of Public Safety are currently listed in AS 44.41.020(a) as those "relative to the protection of life and property." This bill adds to that statute the duty to administer "functions relating to transfer of a firearm," which is intended specifically for selling and trading fully automatic weapons. These are weapons designed to kill people and are prohibited by Alaska law, but permitted under federal law with proper certification. I do not wish to expend state resources to perform federal functions that allow lethal weapons in our state. 1999-07-28 Senate Journal Page 1817 SB 130 The transfer authorization forms require a chief law enforcement officer to certify he or she has no reason to believe that a person who wishes to purchase such a weapon will use it illegally. The Department of Public Safety (DPS) has refused to sign these transfer forms for years, as have most local law enforcement agencies. They refuse to do so for good reason. To authorize a person to own such a weapon requires extensive and time consuming background investigation and a leap of faith which responsible peace officers do not take. Alaska's policy to not sign these transfer forms is in line with other states as well. Among those states that refuse to sign the forms are Washington, Oregon, Colorado, Wyoming, Arizona, Montana, and Texas. Even federal agencies in Alaska, such as the Federal Bureau of Investigation and the U.S. Marshal, have refused to sign these forms and have passed the duty on to state and local law enforcement creating, essentially, an unfunded mandate. Local police departments rarely will complete these forms. To encourage them and the state to do so, SB 130 offers them liability immunity if the gun owner does end up using the weapon illegally. I veto this bill for several reasons: Currently the statutory core mission of DPS is to protect life and property. SB 130 would amend this core mission to include transfer of weapons. I cannot agree that the transfer of weapons, even if performed under a carefully planned program, should be statutorily elevated to the importance of life and safety. To do so trivializes and diminishes the agency's primary function. It arguably requires state and local law enforcement agencies to endorse ownership of weapons that are illegal in Alaska. It arguably requires state and local law enforcement agencies to perform a federal function. 1999-07-28 Senate Journal Page 1818 SB 130 It allows ownership of these weapons by people who, although they may have qualified for a concealed handgun permit, have not been screened by the extensive and costly background checks such ownership demands. It is poorly drafted, leading to ambiguity as to its practical effect. It was not given the thoughtful attention and probing analysis legislation of this importance requires. Events in our state and throughout the country show us that careless attention to weapon ownership is deadly. It could encourage weapon transfers without thorough background investigation because of the liability immunity provided. It threatens public safety because people other than the legal owner may gain access to the weapon. Supporters of this bill claim its intent is merely to assist gun collectors who want to trade their automatic weapons. But we must weigh the desires of an honest collector with the overall public safety. I cannot endorse legislation intended to facilitate ownership of these weapons. Sincerely, /s/ Tony Knowles Governor