Legislature(2021 - 2022)GRUENBERG 120
03/29/2022 03:00 PM House STATE AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB142 | |
| HB271 | |
| HB251 | |
| HB203 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 142 | TELECONFERENCED | |
| += | HB 271 | TELECONFERENCED | |
| += | HB 251 | TELECONFERENCED | |
| *+ | HB 203 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 203-MISCONDUCT INVOLVING WEAPONS
4:36:23 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 203, "An Act establishing the offense of
misconduct involving weapons in the sixth degree."
4:36:49 PM
The committee took a brief at-ease.
4:37:49 PM
REPRESENTATIVE ADAM WOOL, Alaska State Legislature, prime
sponsor, introduced HB 203. He paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
Firearms hold significant social and cultural
importance to Alaskans. Across the state, 64.5% of
residents report owning guns, ranking Alaska third
among all states in per capita firearm ownership.
Whether for personal protection, subsistence, or
recreational hunting, the value that Alaskans place on
keeping and utilizing firearms is substantial.
Furthermore, most gun owners across the country report
putting a high value on responsible ownership. For
example, 95% of gun owners say it is essential to talk
to their children about gun safety, and 66% of gun
owners believe it is essential for their firearms to
be kept in a locked place when there are minors in the
home. HB 203 promotes secure storage of firearms in
order to protect children and teens while preserving a
lifestyle held dear by many Alaskans.
Despite a large percentage of Alaskans reporting gun
ownership and declaring a desire for gun safety, our
state has notably high rates of firearm-related injury
and death. Alaska's firearm death rate is the second
highest in the nation and nearly double the national
average (23 per 100,000 compared to 12 in the U.S
generally). Guns are also the leading cause of death
for children and teens in Alaska. An average of 22
children per year are killed due to firearm-related
mortality, and 59% of these deaths are gun suicides.
In 2019, nearly half of high school students (48.9%)
reported that they could easily access a loaded gun,
and a further one-fourth of high school students
across the state (25.3%) reported seriously
considering suicide within the past year. Overall,
firearm suicide in Alaska is more than double the
national average, with 68% of Alaska's gun deaths
caused by suicide. Securely storing firearms has been
shown to combat these startling figures, and to reduce
both self-inflicted and unintentional firearm
morbidity and mortality. Additionally, secure storage
is affordable and easily implemented, while still
offering firearm owners with quick and easy access to
guns for their personal and property protection needs.
HB 203 will incentivize secure storage of firearms by
creating a violation for improperly storing firearms
so they cannot be accessed by anyone not authorized to
use them, including children. This bill adds weight to
the responsibility that should be paramount to gun
owners to keep kids safe. HB 203 does not impose
invasive measures on the public. Practically speaking,
this bill implements a retroactive fine in the event
that guns are not securely stored by an adult firearm
owner and lead to improper use by anyone prohibited
from owning a firearm. If a minor child or prohibited
person accesses a firearm because it wasn't securely
stored and causes injury, the firearm owner can face a
criminal penalty and a fine.
Please join me in supporting House Bill 203 to promote
responsible and safe gun ownership through secure
storage of firearms in Alaska.
ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State
Legislature, on behalf of Representative Wool, prime sponsor,
provided a PowerPoint presentation, titled "HB 203; secure
storage of firearms" [hard copy included in the committee
packet]. She provided a brief overview of the presentation on
slide 2. Slide 3 featured newspaper articles that illustrated
the impacts of gun violence, highlighting youth accidents and
suicide deaths in particular.
4:47:21 PM
MS. CARRICK continued to slide 4, which read as follows
[original punctuation provided]:
THE NATURE OF THE PROBLEM: GUN VIOLENCE PREVALENCE
Nationally, suicide constitutes most of the
firearm deaths in the U.S., even though just 5% of
self-harm episodes, including both non-suicidal self-
injury and attempted suicide, involve firearms.
Firearms are known for their high lethality, with
an 82.5-92% lethality for suicide attempts using
firearms.
As many as 80% of people considering suicide give
notice of their intentions beforehand, making
intervention possible in many cases.
4:48:02 PM
MS. CARRICK continued to slide 5, which read as follows
[original punctuation provided]:
THE NATURE OF THE PROBLEM: GUN VIOLENCE IN ALASKA
Firearms are the leading cause of death for
children and teens in Alaska.
Alaska has the second-highest rate of gun death
in the U.S. Alaska's gun suicide rate is more than
double the national rate. 68% of Alaska's gun deaths
are firearm suicides.
Suicides make up two-thirds of all firearm deaths
in Alaska, and three in five suicides in Alaska are
committed using a firearm.
In 2019, there were 117 firearm suicide deaths in
Alaska, including 17 children and teens (ages 0-19).
12,380 children live with unlocked, loaded
firearms in Alaska.
4:49:00 PM
MS. CARRICK proceeded to slide 6, which read as follows
[original punctuation provided]:
THE NATURE OF THE PROBLEM: YOUTH MENTAL HEALTH
An average of 22 children and teens die from to
accidental or intentional shootings each year.
25% of Alaskan high school students have
considered suicide in the past year and a further
19.7% reported an attempted suicide.
Among high school students in Alaska, 37.5%
reported that they could access a loaded gun in less
than an hour.
59% of youth gun deaths are suicides and an
additional 26% are homicides.
Other health disparities exist in gun violence
and youth suicide attempts.
4:50:03 PM
MS. CARRICK advanced to slide 7, which read as follows [original
punctuation provided]:
PRIORITIZING RESPONSIBLE GUN OWNERSHIP: OPINIONS OF
GUN OWNERS
Gun owners do NOT want to see these tragic
incidents occur.
Across the state, 64.5% of residents report
owning guns, ranking Alaska third among all states in
per capita firearm ownership.
Most gun owners across the country report putting
a high value on responsible ownership. For example:95%
of gun owners say it is essential to talk to their
children about gun safety
66% of gun owners believe it is essential for
their firearms to be kept in a locked place when there
are minors in the home.
4:51:23 PM
MS. CARRICK turned to slide 8, which read as follows [original
punctuation provided]:
PRIORITIZING RESPONSIBLE GUN OWNERSHIP: SAFE STORAGE
OPTIONS
Secure storage or safety devices include:
Devices that are designed to prevent the firearm
from being operated without first deactivating the
device. Examples: Cable locks that block a firearm
cartridge from being fired or trigger locks that allow
loading, but which prevent the trigger from being
pulled.
Examples: Cable locks that block a firearm
cartridge from being fired or trigger locks that allow
loading, but which prevent the trigger from being
pulled.
Devices that are incorporated into the design of
the firearm to prevent operation of the firearm by
anyone without access to the device. Example:
Personalized "smart guns" that only allow an
authorized user to access the gun.
Examples: Personalized "smart guns" that only
allow an authorized user to access the gun
A safe, gun safe, gun case, lock box, or other
device that is designed to be unlocked only by means
of a key, combination, or other similar means.
4:52:28 PM
MS. CARRICK continued to slide 9, which read as follows
[original punctuation provided]:
EFFICACY OF SECURE STORAGE: STATE BY STATE COMPARISONS
Currently, 33 states have some type of secure
storage law.
Compared to states with no child-access laws,
states with the strongest secure storage laws saw a 44
percent reduction in children hospitalized for firearm
injuries related to unintentional shootings.
A 2020 study found a 59 percent reduction in
unintentional firearm deaths among children ages 0 to
14 in the states with the most stringent child access
prevention laws.
4:53:34 PM
MS. CARRICK proceeded to slide 10, which read as follows
[original punctuation provided]:
EFFICACY OF SECURE STORAGE: REDUCING YOUTH MORTALITY
One study found that young children who go
through a weeklong gun safety training program are
just as likely as children with no training to
approach or play with a handgun when they find one.
It is impossible to predict the behavior of every
child who may be invited into your home, and difficult
to be assured of your child's safety in another
person's home when there are unsecured firearms
present.
4:54:26 PM
MS. CARRICK advanced to slide 11, which read as follows
[original punctuation provided]:
WHAT HB 203 DOES:MISCONDUCT CHARGES
Misconduct involving weapons in the sixth degree:
Keeping a firearm in your home that is not under
the direct control of an authorized person. See:
Section 3 (a) (1)
Keeping a firearm that the owner or authorized
person knows or reasonably should know is accessible
by a prohibited person. See: Section 3 (a) (2)
Misconduct involving weapons in the fourth degree:
If section 3 is violated and a prohibited person
has used a firearm to commit a crime or to injure
themselves or another. See: Section 2
4:55:30 PM
MS. CARRICK turned to slide 12, which read as follows [original
punctuation provided]:
WHAT HB 203 DOES: KEY TERMS
Direct control is where the owner or possessor of the
firearm is:
Close enough to preventanotherperson who is not
an authorized person from obtaining the firearm OR
The firearm is in the person's own residence,
either alone or with only authorized persons who also
live in the residence and who are not minors, and the
residence is secure.
Authorized Person: A person authorized by the owner or
possessor of afirearm to temporarily carry or control
the firearm.
Prohibited Person: Minors, convicted felons, or those
with other Federal or State restrictions on gun
ownership.
MS. CARRICK concluded on slide 13, which provided a list of
stakeholders that submitted letters of support for HB 203.
4:56:58 PM
SARA SUMADI, Associate Director of State Affairs, Everytown for
Gun Safety, expressed her support for HB 203. She reported that
Alaska was a national outlier in terms of firearm deaths among
children, which could largely be prevented. Firearms were the
first leading cause of death among children and teens in the
state; further, Alaska had the highest rate of gun suicide
deaths among young people in the country and the second highest
rate of injuries and deaths caused by a child accidentally
shooting themselves or someone else. She acknowledged that
there was a tradition of responsible gun ownership in Alaska and
that many gun owners stored their firearms securely; however,
she cited a national survey that showed that an average of over
50 percent of gun owners did not practice safe storage
practices; further, the survey estimated that 1 in 5 gun owning
households with children in the home stored at least one gun
loaded and unlocked. She emphasized that unintentional
shootings by children could be prevented by following secure
storage practices. She urged the passage of HB 203.
5:01:36 PM
REPRESENTATIVE EASTMAN inquired about the statistics in the
sponsor statement and requested the citations.
MS. CARRICK said the youth-related statistics came from the
Youth Risk Behavioral Survey (YRBS) conducted by the Department
of Health and Social Services (DHSS) on a biannual basis.
Additional statistics came from the Centers for Disease Control
and Prevention (CDC) and other state and national resources.
She offered to follow up with the specific citations.
REPRESENTATIVE EASTMAN inquired about the difference between a
crime that's preventative versus a crime that's punishing.
REPRESENTATIVE WOOL acknowledged that violation of the law would
be penalized; however, he said the intent was to normalize safe
behavior. He explained that the penalty would be a monetary
fine capped at $500 for the first violation. He reiterated that
the goal was to modify behavior rather than incarcerate people.
5:04:13 PM
REPRESENTATIVE STORY inquired about effective practices in other
states.
REPRESENTATIVE WOOL deferred to Mr. Dougherty, a district
attorney in Colorado where a secure storage law was recently
passed.
5:05:35 PM
MICHAEL DOUGHERTY, District Attorney, District Attorney's
Office, confirmed that the Colorado General Assembly had enacted
House Bill 1106 in July 2021, which addressed the safe storage
of firearms; however, it was too early to deem the program a
success. Nonetheless, he stated that the legislation had raised
awareness about the importance of safely securing firearms, in
part due to the public awareness campaign that was carried out
prior to the passage of the bill.
REPRESENTATIVE STORY asked whether there were challenges to the
safe storage law.
MR. DOUGHERTY said there had not been any challenges.
REPRESENTATIVE STORY asked whether Colorado enacted the same
misdemeanor penalties that were proposed in HB 203.
MR. DOUGHERTY conveyed that in Colorado, unlawful storage was
assigned a Class 2 Misdemeanor, which could result in jail time,
fines of up to $1,000, or both; however, incarceration was
extremely unlikely, he said.
5:09:40 PM
REPRESENTATIVE CLAMAN asked whether Colorado had considered
treating the unlawful storage violation with a civil fine.
MR. DOUGHERTY said there were no conversation about making it a
civil violation. He shared his belief that because the goal of
reducing teen suicides and unintentional shootings was a serious
one, the consequences should be serious too; therefore, he
opined that criminal law, as opposed to civil law, was
appropriate
5:11:45 PM
REPRESENTATIVE TARR expressed her interest in the inclusion of a
public service announcement and educational campaign and
inquired about the funding component that advanced those efforts
in Colorado.
MR. DOUGHERTY offered to follow up with the requested
information.
5:13:18 PM
CHAIR KREISS-TOMKINS announced that HB 203 was held over.