Legislature(2005 - 2006)BUTROVICH 205
05/03/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB33 | |
| HB184 | |
| HB210 | |
| HB149 | |
| HB81 | |
| HB183 | |
| HB201 | |
| SB74 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 74 | TELECONFERENCED | |
| += | SB 165 | TELECONFERENCED | |
| += | HB 33 | TELECONFERENCED | |
| += | HB 81 | TELECONFERENCED | |
| += | HB 149 | TELECONFERENCED | |
| += | HB 183 | TELECONFERENCED | |
| += | HB 184 | TELECONFERENCED | |
| += | HB 201 | TELECONFERENCED | |
| += | HB 210 | TELECONFERENCED | |
HB 184 AM -MUNICIPAL FIREARM ORDINANCES
9:05:41 AM
CHAIR RALPH SEEKINS introduced HB 184.
MS. SUE WRIGHT, staff to Representative Mike Chenault introduced
HB 184, which would ensure that citizens be able to look to one
law as the single final authority regarding firearm regulation.
MR. BRIAN JUDY, member, National Rifle Association (NRA), voiced
approval of the bill.
9:08:08 AM
SENATOR GUESS asked Mr. Judy whether HB 184 overturns any
current municipal law.
MR. JUDY responded he does not believe any municipalities in
Alaska have local ordinances that deal with firearms businesses
more restrictively than other businesses.
SENATOR GUESS stated Anchorage has an ordinance where liquor
stores have to be a certain distance from schools. She asked
whether those types of restrictions could be imposed upon a
firearm dealer.
MR. JUDY answered he is not sure.
9:09:53 AM
SENATOR FRENCH stated there are many businesses that incur
restrictions.
CHAIR SEEKINS asserted selling firearms is not the same as
selling pornography.
SENATOR HUGGINS mentioned the federal government has
exclusionary laws around schools.
9:12:00 AM
SENATOR FRENCH wanted to know how restrictively a gun shop owner
would be treated.
CHAIR SEEKINS moved Amendment 1.
24-LS0632\AA.1
Luckhaupt
4/28/05
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: HB 184 am
Page 1, lines 3 - 11:
Delete all material.
Insert new bill sections to read:
* Sec. 1. AS 29.35.145(a) is repealed and reenacted to read:
(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.
* Sec. 2. AS 29.35.145 is amended by adding new subsections
to read:
(c) 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 that
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.
(d) 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.
(e) 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."
SENATOR FRENCH objected for discussion. He asked Chair Seekins
how the new Section 1 would coexist with Section 1 of the
underlying bill.
CHAIR SEEKINS asked Mr. Judy to comment.
9:14:36 AM
MR. JUDY indicated only the findings were taken out. He did not
understand the question.
CHAIR SEEKINS asked whether the intent of the bill was restated
in Amendment 1 or whether it was included in it.
MR. JUDY said the amendment would start with repealing and
reenacting AS 29.35.145(a). The content of the original bill is
clearly restated in the amendment.
SENATOR FRENCH said by leaving out "discharge" in Amendment 1 it
implicitly cedes to municipalities the authority to regulate
discharge.
9:17:52 AM
SENATOR FRENCH said he wanted to make sure subsection (a) in
Section 2 doesn't override subsection (c) of Section 3.
CHAIR SEEKINS said it does not. The amendment gives
municipalities the ability to regulate discharge.
9:18:40 AM
SENATOR GUESS referred to Section 2, subsection (a) and asked
whether a municipality can tax firearms or anything associated
with firearms.
MR. JUDY responded the end of the bill allows imposition of
sales tax.
9:19:58 AM
SENATOR FRENCH removed his objection. Amendment 1 was adopted
unanimously.
CHAIR SEEKINS moved Amendment 2.
24-LS0632\AA.2
Luckhaupt
A M E N D M E N T 2
OFFERED IN THE SENATE
TO: HB 184 am
Page 1, following line 11:
Insert a new bill section to read:
"* Sec. 3. AS 18.65 is amended by adding a new section to
read:
Article 10A. Firearms.
Sec. 18.65.800. Possession of firearms in motor
vehicles. (a) Notwithstanding any other provision of law,
the state, a municipality, or a person may not adopt or
enforce a law, ordinance, policy, or rule that prohibits or
has the effect of prohibiting an individual from possessing
a firearm while that individual is within a motor vehicle
or prohibiting an individual from storing a firearm that is
locked in the individual's motor vehicle while the motor
vehicle is otherwise legally parked in or on state or
municipal property or another person's property. This
section applies only to possession of a firearm by an
individual who may legally possess a firearm under state
and federal law.
(b) This section does not limit a person's rights or
remedies under any other law.
(c) The state, a municipality, or a person is not
liable for any injury or damage resulting from the storage
of a firearm in the vehicle of an individual in accordance
with this section."
SENATOR FRENCH objected for discussion.
MR. JUDY explained Amendment 2 would provide that a state,
municipality, or person may not prohibit possession of firearms
in vehicles. He said he sees a problem where an employer has a
"no guns in the workplace" policy. The employer has a right to
that policy in the workplace but the problem is when the policy
is extended to the company parking lot. The policy would
effectively disarm individuals for the entire day.
9:22:34 AM
The basis of Amendment 2 allows workplace restrictions but does
not allow them to be extended to the vehicles.
SENATOR GUESS asked whether there are current state or local
restrictions on having a firearm in a motor vehicle at a school.
She asked whether this would be changing current practice in
Alaska.
MR. JUDY said he didn't think so. Under Anchorage municipal
ordinances, firearms are completely banned in vehicles but under
state law, they are allowed with some restrictions. The
preemption bill would modify the Anchorage ordinance but it
would not modify state law.
9:24:31 AM
SENATOR FRENCH clarified Anchorage municipal law does not
prohibit guns in vehicles. Possession of a gun on school grounds
is prohibited. HB 184 would have the effect of overriding that.
CHAIR SEEKINS agreed.
MR. JUDY clarified under state law, firearms are prohibited on
school grounds.
CHAIR SEEKINS asserted HB 184 would not modify state law.
SENATOR FRENCH pointed out municipal ordinance does not allow
guns on school grounds.
9:25:51 AM
MR. JUDY understood Anchorage municipal ordinance restricts
firearms from schools.
CHAIR SEEKINS acknowledged HB 184 would change that ordinance.
Guns would have to be unloaded and locked in the vehicle.
SENATOR GUESS referred to line 16 of Amendment 2 and asked
whether it would exempt a gun owner from anything resulting from
the storage of their firearms.
CHAIR SEEKINS said the intent would be to exempt the property
owner from liability for the action of the gun being in the
vehicle.
MR. JUDY agreed.
9:28:42 AM
Chair Seekins proposed an amendment to Amendment 2.
Line 17, delete "an". Insert "another."
SENATOR FRENCH advised Mr. Judy of his concern regarding private
property rights. Amendment 2 indicates a homeowner or employer
would not be allowed to bar people from bringing guns to a home
or to the workplace.
MR. JUDY claimed Amendment 2 is an attempt to strike a balance
between property rights and individual rights.
9:33:30 AM
SENATOR FRENCH disagreed with the concept. He said private
property is private property.
SENATOR HUGGINS asked Senator French whether he thought he
should be able to search somebody's vehicle on his property.
SENATOR FRENCH answered yes.
SENATOR HUGGINS asserted individuals have privacy rights.
SENATOR FRENCH said the (US Constitution) Fourth Amendment
applies to the government.
Chair Seekins announced a brief recess at 9:35:06 AM.
Chair Seekins reconvened the meeting at 9:41:59 AM.
Roll call proved Amendment 2 passed with Senator French
dissenting.
Chair Seekins announced a brief recess at 9:43:01 AM.
Chair Seekins reconvened the meeting at 9:43:31 AM.
SENATOR HUGGINS moved SCS HB 184(JUD) from committee with
individual recommendations and attached fiscal note(s).
SENATOR FRENCH objected. He said he hoped to vote for the bill
when it came into committee but Amendment 2 strips the personal
property rights of Alaskan citizens.
Roll call proved SCS HB 184(JUD) passed out of committee with
Senator French dissenting.
| Document Name | Date/Time | Subjects |
|---|