04/13/2010 09:00 AM Senate FINANCE

CS FOR HOUSE BILL NO. 319(FIN)                                                                                                
                                                                                                                                
     "An Act relating to firearms; and providing for an                                                                         
     effective date."                                                                                                           
                                                                                                                                
REPRESENTATIVE MIKE HAWKER, SPONSOR,  reported on HB 319. He                                                                    
termed it  a housekeeping  bill. Its  purpose is  to protect                                                                    
Alaskan's citizens'  rights to own and  possess firearms. He                                                                    
acknowledged   Senator   Coghill's  participation   in   the                                                                    
legislation.  He  explained   the  concealed  handgun  carry                                                                    
permit. The  bill clarifies that  a permit does not  have to                                                                    
be  surrendered when  it  expires or  when  a permit  holder                                                                    
moves out  of the state.  It also clarifies that  an expired                                                                    
permit can be displayed as long  as the permit holder is not                                                                    
claiming that it is a valid permit.                                                                                             
                                                                                                                                
10:40:29 AM                                                                                                                   
                                                                                                                                
Representative  Hawker  continued  to explain  that  HB  319                                                                    
requires the  Department of Public  Safety to mail  a notice                                                                    
to  the  permit  holder  at  least  90  days  prior  to  the                                                                    
expiration of  a permit.  It also  allows the  Department of                                                                    
Public Safety  to use electronic  applications and  post the                                                                    
regulations  and   statutes  on  its  website,   instead  of                                                                    
providing paper copies.                                                                                                         
                                                                                                                                
10:42:09 AM                                                                                                                   
                                                                                                                                
Representative Hawker  related that  the bill  also requires                                                                    
the  chief   law  enforcement   officer  (CLEO)   in  Alaska                                                                    
jurisdictions to complete, in  a timely manner, the required                                                                    
certification  on an  application to  the Bureau  of Alcohol                                                                    
Tobacco,  Firearms and  Explosives (BATFE)  for approval  to                                                                    
transfer a  firearm registered  under the  National Firearms                                                                    
Act (NFA) of  1934 to a person who is  qualified under state                                                                    
law  to possess  the firearm.  The CLEO  certification is  a                                                                    
mandatory   step  in   the   BATFE   transfer  process   and                                                                    
unjustified  delays in  processing or  refusal to  cooperate                                                                    
compromise Second Amendment rights.                                                                                             
                                                                                                                                
10:45:35 AM                                                                                                                   
                                                                                                                                
Representative Hawker read the CLEO certification:                                                                              
                                                                                                                                
     I have  no information  indicating the  transferee will                                                                    
     use   the  firearm   or   device   described  in   this                                                                    
     application for  other than lawful purposes.  I have no                                                                    
     information  that  the  receipt or  possession  of  the                                                                    
     firearm  or device  described  in  this document  would                                                                    
     place the transferee  in violation of a  state or local                                                                    
     law.                                                                                                                       
                                                                                                                                
Representative Hawker  voiced concern  about a  CLEO officer                                                                    
abusing the  transfer process. The  bill would place  a duty                                                                    
upon CLEO's  to execute the forms.  Execute means exercising                                                                    
judgment, in this case. He  stressed that the legislation is                                                                    
important to improving rights for citizens.                                                                                     
                                                                                                                                
10:48:19 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman noted  two zero fiscal notes,  one from the                                                                    
Department of Public  Safety and one from  the Department of                                                                    
Law.                                                                                                                            
                                                                                                                                
DAN  BOONE,  JUNEAU, testified  in  support  of HB  319.  He                                                                    
shared   his  experience   with  a   CLEO  not   signing  an                                                                    
application,   therefore   putting   a   heavy   burden   on                                                                    
beneficiaries  of an  estate. He  also  shared his  thoughts                                                                    
from the perspective of a  small firearms business. He spoke                                                                    
strongly in favor of the legislation.                                                                                           
                                                                                                                                
10:51:53 AM                                                                                                                   
                                                                                                                                
KATHY MONFREDA,  CHIEF, CRIMINAL RECORDS  AND IDENTIFICATION                                                                    
BUREAU,  DIVISION  OF   STATEWIDE  SERVICES,  DEPARTMENT  OF                                                                    
PUBLIC SAFETY  (via teleconference), stated support  for the                                                                    
bill.  However,   she  cautioned  that  the   measure  could                                                                    
jeopardize reciprocity with other states.                                                                                       
                                                                                                                                
Senator Huggins reported hearing a  lot of concern about the                                                                    
subject.  He  recalled   Representative  Foster's  favorable                                                                    
opinion of this type of legislation.                                                                                            
                                                                                                                                
Representative  Hawker addressed  the  Department of  Public                                                                    
Safety's  concern   about  reciprocity.  He   reported  that                                                                    
conversations  with other  states have  shown that  there is                                                                    
not  a  problem.  He  believed  the  core  issue  was  state                                                                    
residency. To  have a concealed  weapon permit, a  person is                                                                    
not mandated to  be an Alaska state resident.  A person must                                                                    
be a  state resident  to acquire the  license in  Alaska and                                                                    
can  maintain   it  when  moving  around   the  country.  In                                                                    
particular,  he mentioned  Colorado as  a state  about which                                                                    
there had  been department concerns.  He stated that  he had                                                                    
no anxiety about reciprocity.                                                                                                   
                                                                                                                                
HB  319  was  heard  and   HELD  in  Committee  for  further                                                                    
consideration.