Legislature(2007 - 2008)CAPITOL 120
01/28/2008 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HCR15 | |
| HJR28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 27 | TELECONFERENCED | |
| *+ | HCR 15 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HJR 28 | TELECONFERENCED | |
HCR 15 - AMICUS BRIEF REGARDING RIGHT TO BEAR ARMS 1:07:49 PM CHAIR RAMRAS announced that the first order of business would be HOUSE CONCURRENT RESOLUTION NO. 15, Urging the governor to direct the attorney general to file an amicus curiae brief with the United States Supreme Court in the case of Parker v. District of Columbia, supporting the individual right to keep and bear arms under the Second Amendment to the United States Constitution. REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee substitute (CS) for HCR 15, Version 25-LS1314\E, Luckhaupt, 1/24/08, as the work draft. There being no objection, Version E was before the committee. 1:09:06 PM JOHN MANLY, Communications Assistant, House Majority Office, Alaska State Legislature, explained on behalf of Representative John Harris, sponsor, that HCR 15 asks the governor to direct the attorney general to file an [amicus curiae] brief with the [U.S. Supreme Court in District of Columbia v. Heller], a "gun rights case" which is hoped will delineate that the right provided by the Second Amendment is an individual right to keep and bear arms and not a collective right that can be easily regulated by government. He offered his understanding that the attorney general does intend to sign onto the amicus curiae brief being brought by the State of Texas, but offered his belief that it is still important to go forth with HCR 15 because it makes an important statement. In conclusion, he posited that the sponsor would be amenable to any amendment that would assist the attorney general in his endeavors regarding this issue. 1:11:18 PM EDWARD GRASSER, House/Senate Majority, Alaska State Legislature, added that Heller is a landmark lawsuit that's been going through the courts; the District of Columbia has appealed the district court opinion that the District of Columbia doesn't have the right to unilaterally take all guns away from its citizens - which it had been doing - because of the right granted by the Second Amendment. Many who support the Second Amendment have been looking forward to this case, believing that it will in part lay to rest the question of whether the Second Amendment supports the individual's right to keep and bear arms. In conclusion, he said: "It's important to note that this is an idea that's supported quite heavily in the state of Alaska; if you'll recall, the 1994 constitutional amendment passed overwhelming, making it clear that in ... the [Alaska State Constitution], the right to keep and bear arms is an individual right." REPRESENTATIVE COGHILL asked for clarification regarding what the administration has done so far and "how we might operate in the language of this particular thing to make it work properly." He then relayed that he'd just received a note and would be giving what it said further consideration. 1:13:54 PM CHAIR RAMRAS, after ascertaining that no one else wished to testify, closed public testimony on HCR 15. REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HCR 15, Version 25-LS1314\E, Luckhaupt, 1/24/08, out of committee with individual recommendations [and the accompanying fiscal notes]. REPRESENTATIVE COGHILL objected, remarked "If, in fact, there is something moving, I might ask for it to come to [the House Rules Standing Committee] to amend the resolve section ...," and then removed his objection. CHAIR RAMRAS, indicating that there were no further objections, announced that CSHCR 15(JUD) was reported from the House Judiciary Standing Committee.
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