Legislature(1999 - 2000)
03/29/2000 01:54 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 294-CONCEALED HANDGUN PERMIT AMENDMENTS
MR. JIM POUND, staff to Chairman Taylor, made the following
comments:
Alaska's concealed carry law has been one of the most successful
programs in the United States. That success is based, in part, on
the original intent of the legislation to allow only knowledgeable,
law-abiding citizens to obtain state permits to carry concealed
handguns. Although the program has been successful, there are
several recurring problems with the implementation and management
of the program.
CSSB 294 proposes statutory changes to improve and streamline the
process to obtain and renew a concealed handgun permit. Applicants
will no longer be required to have a sworn application; permit
holders will be allowed to submit their renewal applications 60
days prior to expiration, allowing more time to complete the
renewal process before the expiration date; a new photograph will
be required every seven years, instead of every five years as
required now and additional thumb prints will no longer be required
during the renewal process.
The bill also makes changes to some of the training and education
statutes, streamlining the process and making reciprocity with
other states easier. An applicant will be required to provide
evidence of completion of a handgun or firearms safety course, but
it will eliminate the more subjective requirement by eliminating
the specific statutory definition of "competence," which is causing
problems with reciprocity in other states. Alaska State Troopers
will be authorized by statute to help teach handgun courses, which
may generate additional revenue.
CSSB 294 makes the statute apply equally to all citizens statewide
and clarifies the standards for recognition of permits from other
states.
SENATOR DONLEY moved to adopt the proposed committee substitute for
SB 294, work draft 1-LS1543\G, Luckhaupt, dated 3/24/00. There
being no objection, CSSB 294 was adopted as the working draft.
MR. VICTOR GUNN, speaking on his own behalf as a retired deputy
chief of police, said he endorses all of the changes encompassed in
CSSB 294. There is pending federal legislation that will allow law
enforcement officers to carry concealed handguns out of their
jurisdiction, it also allows qualified retired law enforcement
officers the opportunity to carry concealed handguns without a
permit. Mr. Gunn suggested the committee incorporate some of this
language into a conceptual amendment for CSSB 294.
Number 423
SENATOR DONLEY said he does not support allowing retired law
enforcement officers the opportunity to carry a concealed handgun
without a permit, but he does not have a problem with active law
enforcement officers carrying concealed handguns.
MR. GUNN responded that retired police officers have had a
tremendous amount of firearm and classroom experience on the use of
deadly force, and while on the job they are required to qualify
annually, at a minimum.
CHAIRMAN TAYLOR moved the conceptual amendment to allow existing
law enforcement officers to carry concealed handguns. There being
no objection, the conceptual amendment was adopted.
CHAIRMAN TAYLOR also expressed his concern about retired police
officers not having background checks before being given a permit.
CHAIRMAN TAYLOR announced he would like to adopt the committee
substitutes for SJR 15 and SB 233 before committee members had to
leave for other meetings, so CSSB 294 was set aside until later in
the meeting.
Number 1066
SB 294-CONCEALED HANDGUN PERMIT AMENDMENTS
MR. TOM BOUTIN, speaking for himself, stated that this is an
excellent program. Wherever concealed carry has been reviewed, it
has been found to lower the crime rate, and Alaska's program has
worked at least as well as any other state. Mr. Boutin stated he
supports SB 294.
Number 1133
MR. BRIAN JUDY, Alaska State Liaison for the National Rifle
Association (NRA), stated he is speaking on behalf of the more than
20,000 members of the Alaska NRA. Mr. Judy made the following
comments:
The NRA agrees with all of the changes in CSSB 294 and likes the
fact that more out-of-state permits will be recognized in Alaska.
A permit holder from another state who is 21 years of age and
legally able to own a handgun and who has passed a finger print
based background check and who has completed a handgun or firearm
safety course will qualify.
The NRA believes the municipal opt-out provision is
unconstitutional and should be deleted.
CHAIRMAN TAYLOR asked if he is suggesting the committee add
language to the bill in the form of an amendment.
MR. JUDY responded no, the language in the current CS takes away
from municipalities the ability to put on the ballot and opt-out of
the concealed weapon permit law, which is consistent with the state
constitution. This is a provision that was virtually unused--only
one community has attempted to opt-out.
MR. JUDY noted that the NRA supports deleting the competency
requirement.
Number 1420
SENATOR DONLEY asked how long the CCW permits are good for now.
MR. JUDY responded they are good for five years under existing law.
MS. JANIE WINEIGER, field representative for the NRA, commented she
is an instructor for the NRA and has had many calls concerning some
of the needed changes. Alaska residents want to know what the law
is and how it applies and they want to know what agreement Alaska
has with other states. As an instructor she needs clear, concise
information to pass on to permit holders in state and out of state.
States that grant reciprocity need to be listed, and the permits
and licensing department needs to update the web site accordingly.
The demonstration of competency with caliber and action types is
not needed--live fire is always part of the course curriculum. The
issuance of permits has been critically slow and the process needs
to be streamlined so people can receive their permits in a timely
manner. Ms. Wineiger supports CSSB 294.
Number 1570
MS. LAUREE HUGONIN, Director of the Alaska Network on Domestic
Violence and Sexual Assault, stated she is glad she does not often
have to come before the committee in opposition to a bill. The
Network is opposed to the changes in CSSB 294, especially the seven
year time limit for the photo--a persons appearance can change
within a matter of months, let alone seven years. The Network
does not want the demonstration of competency with specific action
type and caliber removed from the permit process, and they feel it
is important to give communities the opportunity to opt-out--people
should be able to decide how they want their community to be.
Number 1681
MR. ELZIE ISLEY, representing himself, stated he thinks SB 294 is
a wonderful bill.
Number 1709
LIEUTENANT DAVID HUDSON, Department of Public Safety (DPS), stated
DPS appreciates what the committee has done to help benefit the
program. Lieutenant Hudson suggests that "at least as strict"
should be removed completely from the statute. Language can be
added that says a person holding a valid permit to carry a
concealed handgun from another state and with a signed statement
from an authorized representative of that state saying they will
accept an Alaska concealed handgun permit, that Alaska will
reciprocate by taking that state's permit.
LIEUTENANT HUDSON said that rather than change the competency
requirement and a couple of issues concerning misdemeanors, if the
reciprocal agreement is signed at the level of permit managers,
Alaskan's could be allowed to carry firearms with their concealed
handgun permit in other states.
Lieutenant Hudson said he supports changing the renewal process
allowing applicants to file for a permit renewal up to 60 days
after the expiration of their permit. He also thinks that
eliminating the thumbprint on the renewal is an excellent idea.
LIEUTENANT HUDSON stated he is confused about the photograph issue.
The CS indicates that if a person has had a permit for five years,
when applying for a renewal they can provide a photograph that was
taken two years before they applied for their initial permit. The
whole idea of a photograph is to allow for the change in a persons
appearance.
LIEUTENANT HUDSON said that changing the law from perjury to
unsworn falsification fits in with the Title 28 vehicle laws. Not
needing a notarized signature will save people money and make the
process more convenient.
Number 1982
CHAIRMAN TAYLOR asked what is required now for a drivers license
photograph.
LIEUTENANT HUDSON responded a photograph is good for a maximum of
ten years by allowing a sticker to put on the back of the license
in lieu of updating the photograph.
MR. DUANE UDLAND, representing the Alaska Association of Chiefs of
Police, said the Association has a problem with some of the
language in the bill. On page 4, section 6, it appears that a
permit can no longer be revoked for false information, and the
Association feels that losing a permit should be an option.
Another problem is on page 7, section 12(a)(2), "crimes against a
person" is the only misdemeanor that counts--burglaries and thefts
should be considered for screening with the possible outcome of a
denied permit.
CHAIRMAN TAYLOR noted that some of Mr. Udlands concerns have been
addressed in CSSB 294.
MR. PAT JOHNSON, a member of the NRA and a concealed carry
instructor in Homer, said, overall, he thinks CSSB 294 is a good
bill. He likes Lieutenant Hudson's suggestion for reciprocity as
it is a continuing problem. He said that 95% of his students do
not need competency testing because students do a lot of dry firing
during a course, and he will not sign off on a certificate if he
does not like someone's attitude or if they do not have the ability
to fire a gun safely.
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