Legislature(1997 - 1998)
04/15/1997 08:05 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
SJR 14 - SUPPORT FEDERAL CONCEALED GUN LEGISLATION The first order of business to come before the House State Affairs Standing Committee was SJR 14, Relating to support for federal legislation permitting state concealed handgun permittees to carry concealed handguns in other states. CHAIR JEANNETTE JAMES called on Bill Stoltze, Legislative Assistant to Senator Rick Halford, to present the bill. Number 0116 BILL STOLTZE, Legislative Assistant to Senator Rick Halford, explained Senator Halford was out of town. The resolution was straight forward endorsing a measure currently before the U.S. Congress allowing intrastate reciprocity for concealed handgun permittees. There was support for the right to bear arms in Alaska as evidence indicated in the 1994 constitutional amendment referendum. The concealed handgun legislation had been very effective without the dire consequences that he had predicted as a staff person witnessing the hearings. He asked that the committee members support the resolution. Number 0202 CHAIR JAMES noted over the last few years there had been a large amount of these types of bills passed in various states. There was also evidence to indicate that the frequency of violent crimes had reduced as a direct result of this type of legislation throughout the United States. The president had been taking full credit for this when it really was a collection of things - crime legislation and concealed handgun legislation. Number 0298 REPRESENTATIVE ETHAN BERKOWITZ said he was not opposed to the resolution, but was concerned about resolutions of this nature impinging on state's rights. Number 0327 MR. STOLTZE replied we weighed both the Tenth and Second Amendments and concluded that the Second Amendment strengthened the argument. Number 0348 REPRESENTATIVE AL VEZEY applauded the sponsor for his efforts. However, he was one of the few who believed that the Tenth Amendment had not been repealed. Therefore, he could not support this piece of legislation because he did not support federal mandates. He did not have a problem voting the resolution out of the committee. The Tenth Amendment was equal in provenance with the Second Amendment. Number 0388 REPRESENTATIVE KIM ELTON asked Mr. Stoltze, if an Alaskan went to Oklahoma that restricted the carrying of a concealed firearm into a bar, would the same restriction apply to the Alaskan? Number 0452 MR. STOLTZE replied, "Correct." That was the intent - absent another state having concealed weapon permit legislation. Number 0476 REPRESENTATIVE ELTON asked Mr. Stoltze, for clarification, if another state did not have a concealed weapons permit law, would an Alaskan still be allowed to carry a concealed weapon in that state? Number 0498 MR. STOLTZE replied, "Correct." According to the federal provisions. Number 0514 CHAIR JAMES asked Mr. Stoltze if there were states that did not allow a person to carry a concealed handgun? Vermont did not have a law against it so a person could carry a gun any where or any way. Number 0534 MR. STOLTZE replied, "Yes." CHAIR JAMES asked Mr. Stoltze if he had a list of those states? MR. STOLTZE replied they were the following: the Central (indisc.) States, California, some of the upper Mid-West States, most of the Southern States, Vermont and New York. Number 0583 CHAIR JAMES asked Mr. Stoltze if California had local permitting rather than state permitting? Number 0596 MR. STOLTZE replied he did not know. Number 0601 REPRESENTATIVE BERKOWITZ explained the state of California had a county-wide permitting process. Number 0620 CHAIR JAMES announced that she shared the same concerns as Representative Vezey in regards to mandates from the federal government to the states. She felt comfortable with the condition that a person had to follow the same rule as the state he or she was in at the time, as opposed to the state he or she was from. There was the feeling in Alaska to not let those in who had not undergone our stringent background and Federal Bureau of Investigation (FBI) check. She did not have a problem moving the resolution out of the committee, however. She was not sure how she would vote on the floor of the House of Representatives. Number 0696 REPRESENTATIVE BERKOWITZ asked Mr. Stoltze if he had seen any legal arguments about the effect on the full faith and credit clause of the U.S. Constitution? Number 0713 MR. STOLTZE replied, "No." Number 0721 REPRESENTATIVE FRED DYSON wondered if there was anybody else here to testify today? Number 0760 DICK BISHOP, Executive Director, Alaska Outdoor Council (AOC), was the first person to testify in Juneau. The AOC supported the resolution. It was an important resolution. The key to the resolution was expressed in the letter from Mr. Brian Judy, Alaska State Liaison, National Rifle Association of America, dated February 5, 1997, that indicated it was appropriate that people had similar rights from state-to-state. He did not discount the importance of the Tenth Amendment and hoped it was on its way to a full recovery. This issue was not the compromise to it, however. Number 0831 CHAIR JAMES asked Mr. Bishop if he would construe the Second Amendment as a federal mandate to the states? Number 0864 MR. BISHOP replied the Second Amendment was a statement of a right rather than a statement of a mandate that applied to all of the citizens of the United States. Number 0881 CHAIR JAMES stated what she really meant to say was, in light of the Tenth Amendment, that there were underlying rights that the states were subject to as well when they made their laws. Number 0906 MR. BISHOP stated, based on his understanding of the Constitution of the United States, he agreed that the rights extended to all of the people of the U.S. and they could not be infringed upon by the states. Number 0952 REPRESENTATIVE VEZEY moved that SJR 14 move from the committee with individual recommendations and the attached fiscal note(s). There was no objection, SJR 14 was so moved from the House State Affairs Standing Committee.
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