02/05/1996 01:03 PM House JUD

 HB 419 - AGENCY DISPOSAL OF PROP., INCL. FIREARMS                           
                                                                               
 Number 190                                                                    
                                                                               
 REPRESENTATIVE PETE KOTT came forward to present HB 419.  He stated           
 that it was a simple bill to understand.  The purpose of the bill             
 was to establish in statute, a clear policy regarding the                     
 disposition of hand guns by the state.  The definition of hand guns           
 under this legislation would mean ones declared in excess,                    
 confiscated, found or in some instances, forfeited.                           
                                                                               
 REPRESENTATIVE KOTT declared this legislation was needed because              
 within the past six months the administration has oscillated about            
 what to do with these types of handguns.  A current provision                 
 allows for "long irons" or shot guns to be sold.  Basically, this             
 bill deals strictly with hand guns and outlines for the                       
 administration disposition procedures.  Representative Kott                   
 referred to section 4 under "disposal," where it outlines that the            
 state can either sell or trade these safe firearms, which are                 
 useable and have some financial value, to a federally licensed                
 firearms dealer.  This dealer can then resell these guns to anyone            
 who meets the parameters under the Brady bill and other state and             
 federal regulations.                                                          
                                                                               
 REPRESENTATIVE KOTT pointed out that a CS of HB 419 was adopted in            
 State Affairs.  This CS returned to the status quo what                       
 municipalities are allowed to do.  It gives them the option of                
 selling guns to the public.  The intent of the bill was not to                
 infringe on what's been done at the municipal level.                          
                                                                               
 Number 356                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY asked if the municipalities had the             
 right not to do it.                                                           
                                                                               
 REPRESENTATIVE KOTT responded that this was correct.                          
 Number 378                                                                    
                                                                               
 REPRESENTATIVE CON BUNDE referred to some suggested amendments and            
 concerns of the Outdoor Council, one was to allow the transfer of             
 these firearms to a hunter education program and the other was for            
 those individuals who pay their fine, they be allowed to have their           
 firearm returned to them.  The council also asked that the amount             
 of the fine go to the Wildlife Safeguard Program.                             
                                                                               
 REPRESENTATIVE KOTT stated that he had not seen these suggestions             
 yet.  On the proposed fines issue, he pointed out that this may be            
 tough to implement, especially the concept segregate and disburse             
 money to a particular agency.  While it may seem like a good                  
 feature to return firearms back to their owners and a very easy               
 sounding prospect, he was not familiar with the procedure.                    
                                                                               
 Number 516                                                                    
                                                                               
 REPRESENTATIVE BUNDE pointed out that it wasn't fair to require               
 Representative Kott to respond to issues he had yet to review.  He            
 stated he would pass these suggestions on to Representative Kott              
 and if beneficial amendments arise out of these efforts they can be           
 dealt with at a later time during the legislative process.                    
                                                                               
 Number 670                                                                    
                                                                               
 REPRESENTATIVE BUNDE moved to pass CS HB 419 (State Affairs) from             
 the Judiciary Committee with individual recommendations and its'              
 attached fiscal note.  Representative Vezey objected for the                  
 purposes of asking for the division of the house.  A roll call vote           
 was requested.  Representatives Green, Bunde, Toohey, Vezey and               
 Porter voted in favor of the motion.  CS HB 419 (State Affairs) was           
 so moved.