Legislature(2007 - 2008)CAPITOL 120
02/11/2008 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB351 | |
| HB250 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 351 | TELECONFERENCED | |
| += | HB 303 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 250 | TELECONFERENCED | |
HB 351 - CONCEALED HANDGUN PERMIT: FINGERPRINTS 1:17:34 PM CHAIR RAMRAS announced that the first order of business would be HOUSE BILL NO. 351, "An Act relating to submission of fingerprints by applicants for a concealed handgun permit; and providing for an effective date." 1:17:41 PM KAREN LIDSTER, Staff to Representative John Coghill, Alaska State Legislature, sponsor, relayed on behalf of Representative Coghill that HB 351 would alter Alaska's statute pertaining to obtaining a permit to carry a concealed handgun such that only one fingerprint card would be required rather than two. Changes in technology have allowed the Department of Public Safety (DPS) to only need one set of fingerprints, and this statutory change will reflect what is currently actually happening. REPRESENTATIVE COGHILL, speaking as the sponsor, remarked that duplication is the bane of governments, and HB 351 merely provides that since only one set of fingerprints is needed [for processing an application for a concealed handgun permit], only one set shall be required. CHAIR RAMRAS noted that similar [unnecessary] duplication of fingerprint cards occurs with regard to certain licensees. REPRESENTATIVE COGHILL concurred, but pointed out that while some of that fingerprint duplication can be addressed via regulations, the fingerprint duplication for concealed handgun permits has to be addressed via statute. REPRESENTATIVE DAHLSTROM offered her hope that someday the state will have only one fingerprint database that can be accessed by all agencies that need to, thereby eliminating the aforementioned duplication. REPRESENTATIVE COGHILL explained that the DPS has suggested an amendment that would allow the department flexibility with regard to which format it would allow fingerprints to be submitted on. 1:21:25 PM NORMAN D. MEANS, M.D., after relaying that is the holder of concealed handgun permit, said that although he is in agreement with the bill, his concern is that holders of concealed handgun permits are losing their National Instant Criminal Background Check System (NICS) exemption because, since 6/1/06, the Federal Bureau of Investigation (FBI) quit conducting fingerprint checks for the DPS. He suggested, therefore, that the bill be amended to require the DPS to the perform fingerprint checks so that permit holders can once again get a NICS exemption. 1:23:11 PM KATHRYN MONFREDA, Chief, Criminal Records and Identification Bureau, Division of Statewide Services, Department of Public Safety (DPS), in response to a question regarding Dr. Means's comment on the NICS, clarified that the FBI actually is still conducting fingerprint checks for the DPS, but is no longer conducting a search of "the other files" that it maintains under the Brady Handgun Violence Prevention Act ("Brady Bill"). The DPS itself, she remarked, doesn't have the resources to do that work, and she isn't sure why the FBI is no longer doing so. MS. MONFREDA, in response to further questions, explained that a permit holder will have to have a NICS check done at the time of any gun sale/purchases, and although there might be a delay of up to three days, over 95 percent of such checks are performed immediately. 1:24:47 PM REPRESENTATIVE MAX GRUENBERG, Alaska State Legislature, noting that existing AS 18.65.700(a)(8) stipulates that a person applying for a permit can't suffer a physical infirmity that prevents the safe handling of a handgun, asked whether the DPS has a standard that defines "physical infirmity that prevents the safe handling of a handgun", and how that would be determined. MS. MONFREDA said she is not sure of the answer but would research the issue further, and indicated that she would provide that information to the committee. CHAIR RAMRAS, after ascertaining that no one else wished to testify, closed public testimony on HB 351. 1:26:30 PM REPRESENTATIVE COGHILL made a motion to adopt Amendment 1, labeled 25-LS1411\C.1, Luckhaupt, 2/11/08, which read: Page 2, lines 1 - 2: Delete "on a Federal Bureau of Investigation approved fingerprint card [CARDS]" Insert "in the format approved by the department [ON FEDERAL BUREAU OF INVESTIGATION APPROVED FINGERPRINT CARDS]" CHAIR RAMRAS asked whether there were any objections. There being none, Amendment 1 was adopted. REPRESENTATIVE COGHILL expressed reluctance to address "the NICS issue" via HB 351, but added that he is sympathetic to the concern raised. 1:27:48 PM REPRESENTATIVE DAHLSTROM moved to report HB 351, as amended, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 351(JUD) was reported from the House Judiciary Standing Committee.
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