Legislature(1993 - 1994)
01/18/1994 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HJR 40 - RIGHT TO KEEP AND BEAR ARMS Number 470 CHAIRMAN VEZEY opened the floor to testimony on HJR 40. Number 473 ROBERT KROGSENG, representing Representative Jerry Sanders, primary sponsor of HJR 40, stated that the resolution was a clarification of Article 1, Section 19, of the Constitution of the State of Alaska. He said it is "prompted by nationwide attempts to subvert the true meaning of Article 2 of the Amendments to the U.S. Constitution by removing the individuals' rights." He then detailed the specific wording additions and stated that the passage of HJR 40 would result in the proposed amendment appearing on the public ballot at the next general election in conformity with Article 8, Section 1, Constitution of the State of Alaska, and the Election Laws of the State. Number 502 CHAIRMAN VEZEY remarked that Justice Reinquist, U.S. Supreme Court, issued an opinion in a recent case whereby the right to bear arms was an individual right because of the use of the word "person." Number 514 ROBERT KROGSENG expressed his concerns with the changes of interpretation which have evolved over time in the constitution. Mr. Krogseng felt clarification of terms was necessary. Number 520 CHAIRMAN VEZEY introduced DEAN GUANELI to offer testimony. Number 525 DEAN GUANELI, representing the Criminal Division of the Department of Law, testified in opposition to HJR 40. Mr. Guaneli shared other sources of opposition, such as the Department of Law, Department of Public Safety, Alaska State Troopers, and the Alaska Association of Chiefs of Police. He said the Alaska State Constitution need not be amended because there was nothing wrong with the current laws. Alaska has one of the most liberal fire arms laws in the country, expressed Mr. Guaneli. He indicated that guns can already be carried virtually anywhere in the state while in plain view, and concealed while near home or while hunting. Rather than clarification, HJR 40 merely shifts the power from the legislature to the courts to interpret the legislative history behind the right to bear arms provision of the constitution. MR. GUANELI warned of the court's tendency to have a difficult time judging constitutional grounds for individual rights such as the right to privacy. He pointed out that HJR 40 may also lead the current fire arms laws, i.e., concealed weapons, to be construed differently in the future. Mr. Guaneli stated that SJR 1 and HJR 26 were satisfactory substitutes for HJR 40. TAPE 94-1, SIDE B Number 000 CHAIRMAN VEZEY again questioned Justice Reinquist's decision regarding the 2nd Amendment of the U.S. Constitution, and the interpretation of individual right as implied by the use of the word "person." MR. GUANELI said he was not familiar with the decision. Number 028 CHAIRMAN VEZEY believed the increase of federal decisions on gun laws since 1955 has spurred the movement for revision of the constitution on the state level. Number 053 In summation, MR. GUANELI believed we should not run the risk of eroding our laws by an unexpected interpretation of the Alaska constitution. Number 133 REPRESENTATIVE KOTT believed the Supreme Courts are more cautious about overriding laws than Mr. Guaneli expressed. Number 146 MR. GUANELI clarified he was relating to acts by Congress. Number 190 BUD WIESE, testified from Fairbanks in favor of HJR 40. He believed the people should make the decision based on what they want. Number 205 LYN LEVINGOOD testified from Fairbanks in support of HJR 40 and expressed his knowledge of the Reinquist decision which marked the right of the individual "person." He noted the word "militia" in Alaska Statute Title 26, "which makes every man over the age of 17 a member of the militia," to endorse his belief that assault weapons are appropriate for individuals. Number 289 CHAIRMAN VEZEY asked if the State of Alaska has a constitutional problem with the right to bear arms. MR. LEVINGOOD believed it does, on both the federal and state level. Number 363 GREG MACHACEK testified from Fairbanks in favor of HJR 40 because of the breakdown he has noticed in wording and the interpretation of individual rights. Number 384 TED LEONARD, representing the Interior Alaska Air Boaters and the Interior Chapter of the Alaska Boaters Association, testified in favor of HJR 40. He urged a stronger guarantee of individual rights in fear of overpowering government. Number 408 DAN PORTWINE testified from Fairbanks in support of HJR 40. Number 417 TOM SCARBOROUGH testified from Fairbanks in support of HJR 40, scrutinizing the compromises offered. REPRESENTATIVE KOTT questioned Mr. Scarborough on his perception of the overriding reason of the right to gun ownership. Number 451 MR. SCARBOROUGH cited the example of being called by the Governor to form a militia, and for this purpose an appropriate fire arm was necessary. Number 468 BILL HAGER testified from Fairbanks in favor of HJR 40. He believed we as a people have the power of the country vested in ourselves. He also believed we need to reestablish the value of the state constitution. Number 497 JIM ROLAND stated his support for HJR 40 via teleconference from Fairbanks. Number 504 CHAIRMAN VEZEY deferred further committee action on HJR 40 until prime sponsor Representative Sanders could be present. Number 513 C.E. SWACKHAMMER, Deputy Commissioner of the Department of Public Safety, testified that the department was against HJR 40. Offering SJR 1 as a substitute due to it's compromising language, MR. SWACKHAMMER explained that the Alaska Association of Chiefs of Police would drop their opposition to the change in current laws if they were assured this protection. Number 531 REPRESENTATIVE KOTT questioned Mr. Swackhammer if he believed the courts would outlaw gun ownership in the future. Number 536 MR. SWACKHAMMER believed it would not. He stated his main concern was expressed the misinterpretation of the written law if HJR 40 passed, and the competing weight of public policy versus individual rights. He also noted the diverse size and location of communities within Alaska and the varying legal needs corresponding to these areas. Number 553 REPRESENTATIVE KOTT asked if Mr. Swackhammer thought it was reasonable for a person to own a gun. Number 554 MR. SWACKHAMMER replied yes. Number 555 REPRESENTATIVE KOTT asked what Mr. Swackhammer felt the citizens' main concerns were; i.e., self-protection. Number 564 MR. SWACKHAMMER explained that federal level was more of a threat than the state level; i.e., the Brady Bill. Number 581 REPRESENTATIVE KOTT requested the percentage of gun ownership in Alaska. Number 584 Not knowing exact figures, MR. SWACKHAMMER responded that Alaska has a fairly high percentage due to lifestyle. Number 596 REPRESENTATIVE KOTT wondered if the number of police officers in Alaska, 1 per 100,000, could be a factor in the whole breakdown of the citizen trust in the current laws. Number 605 MR. SWACKHAMMER reiterated it was Alaska's lifestyle, not a fear from crime. Number 614 ARNOLD BUCKMEYER testified from Fairbanks in support of HJR 40. Number 627 BUZZ OTIS testified from Fairbanks in support of HJR 40 and asked members to focus on the penal system as the cause for high crime rates, and not guns. Number 644 LEROY WIEDEMAN testified from Fairbanks in support of HJR 40 and stressed that citizens need self-protection and the ability to have a balance of power. TAPE 94-2, SIDE A Number 000 REPRESENTATIVE HARLEY OLBERG expressed his belief that courts are not the solution, they are the problem. He said that with all the choices at hand, however, he would take his chances with HJR 40. Number 020 CHAIRMAN VEZEY replied "no piece of paper, constitution or otherwise, can take the place of vigilance." CHAIRMAN VEZEY announced that HJR 40 would be held in committee until a time uncertain. Seeing no further business before the committee, CHAIRMAN VEZEY adjourned the meeting at 9:32 a.m.
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