Legislature(2001 - 2002)

02/11/2002 01:32 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
               SB 242-CONCEALED HANDGUN PERMITTEES                                                                          
                                                                                                                              
CHAIRMAN TAYLOR,  SB 242  sponsor, explained  that the  purpose of                                                              
initiating  the legislation was  to give  themselves an  update on                                                              
the  current  status  of  the  reciprocity  agreements  that  were                                                              
supposed to  be entered  into by the  Department of Public  Safety                                                              
(DPS) with other  states on the issue of concealed  carry permits.                                                              
The  Department of  Public Safety's  website  listed seven  states                                                              
from which Alaska  recognizes permits.  The website  indicated six                                                              
of  those, Arizona,  Florida,  North  Dakota, Oklahoma,  Utah  and                                                              
Wyoming  were by  agreement.   There  are other  states, which  he                                                              
believed  had   expanded  to  seven,  which   currently  recognize                                                              
Alaska's permits; he listed Idaho,  Indiana, Kentucky and Montana.                                                              
He  understood  four   of  those  states  were   added  since  the                                                              
legislation was filed.                                                                                                          
                                                                                                                                
He  explained  it  had  been  four  years  since  the  legislature                                                              
instructed,  with mandatory  language, DPS  draft regulations  and                                                              
get  about the  business of  providing  reciprocity for  concealed                                                              
carry permits with other states.   That was primarily so Alaskans,                                                              
who  meet the  highest standards  in  the nation  for a  concealed                                                              
carry permit,  would be  granted the  opportunity to utilize  that                                                              
permit in other states to which they  traveled.  He had hoped that                                                              
would be an ongoing  process but was concerned that  over the last                                                              
four  years  DPS  had  not  taken   the  action  required  by  the                                                              
legislature.  That was the purpose for filing this bill.                                                                        
                                                                                                                                
BRIAN JUDY, National  Rifle Association Institute  for Legislative                                                              
Action, gave  the following  testimony in support  of SB 242.   In                                                              
1994 DPS disseminated a white paper  on HB 351, the original right                                                              
to carry bill in Alaska.  The title  of that report was To Conceal                                                            
or Not to Conceal, That is the Question.   He said that report was                                                            
full of  a number  of alarmist suggestions  and predictions,  that                                                              
there  would  be  guns  at grocery  stores,  on  ball  fields  and                                                              
Anchorage fender  benders would  become shoot  outs.  In  2000 DPS                                                              
acknowledged  the outcome was  the same as  in every  other state,                                                              
there had  been virtually  no problem.   Law-abiding citizens  who                                                              
have  been  issued permits  are  exercising  their  constitutional                                                              
right  to bear  arms  and their  right  to self-defense  with  the                                                              
utmost responsibility.   Self-defense  is a fundamental  right and                                                              
law-abiding citizens should be able  to choose to not only provide                                                              
a means  for self-protection  but  also to determine  how best  to                                                              
provide this protection.                                                                                                        
                                                                                                                                
MR. JUDY said  it is the NRA's belief, as with  driver's licenses,                                                              
the  right-to-carry   permits  should   be  honored   universally.                                                              
Studies  have shown  that  crime  rates dropped  when  law-abiding                                                              
citizens have the  means to provide for their  own self-protection                                                              
and when  criminals know  that their  next potential victim  might                                                              
fight back.                                                                                                                     
                                                                                                                                
In 1998  SB 141 first  recognized permits  from other states.   In                                                              
2000 SB  294 clarified and broadened  the number of  states Alaska                                                              
would recognize  and there  was no  opposition to  that bill.   He                                                              
said  DPS has  been  unable to  provide  a complete  and  accurate                                                              
listing of all the states Alaska  recognizes.  The current statute                                                              
said Alaska  recognized states with  similar laws and  states that                                                              
recognize Alaska's  permits.   There are states  in both  of those                                                              
categories that Alaska  law recognizes that are not  listed on the                                                              
website.    The  website  posting  did  not  necessarily  get  the                                                              
information out to all law enforcement agencies in the state.                                                                   
                                                                                                                                
He said  SB 242  would recognizing  all other  states permits  and                                                              
relieve  DPS of  the burden  of having  to  evaluate other  states                                                              
laws.  It will notify all the local  law enforcement agencies that                                                              
any permit  from any other state is  valid.  He felt  the State of                                                              
Alaska  should  not  have  any  reservation  about  welcoming  law                                                              
abiding citizens of other states and welcoming their permits.                                                                   
                                                                                                                                
He said their intent with this law  is to allow the people who can                                                              
carry openly  in Alaska  to choose to  carry concealed.   Any law-                                                              
abiding tourist  right now  can carry  a firearm openly  virtually                                                              
anywhere in Alaska.  He said it made  no sense to allow anybody to                                                              
carry openly  but deny those who  have gone through  the licensing                                                              
process in  their own state the  ability to carry concealed.   Law                                                              
abiding citizens should  be able to choose whether  to provide for                                                              
their own  protection and  be able to  choose the manner  in which                                                              
they do so.  The NRA urged the committee to support SB 242.                                                                     
                                                                                                                                
SENATOR COWDERY asked how many other states have carry permits.                                                                 
                                                                                                                                
MR. JUDY answered  there are 31 states that allow  the carrying of                                                              
concealed weapons and  issue permits to their residents  and a lot                                                              
of states issue to non-residents as well.                                                                                       
                                                                                                                                
SENATOR  COWDERY  asked  if  the criteria  in  other  states  were                                                              
similar to the criteria in Alaska for obtaining a carry permit.                                                                 
                                                                                                                                
MR. JUDY said  the laws differed but were similar.   Virtually all                                                              
the  states require  a  background  check and  most  of those  are                                                              
fingerprint based.  The majority  of states require some type of a                                                              
training program  but they vary  considerably.  Regardless  of the                                                              
differing  criteria  and the  differing  standards  from state  to                                                              
state, the one piece of information  that is the same out of every                                                              
state is that permit holders are not a problem.                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR told  of a state employee that  had contacted him.                                                              
He held a concealed carry permit  but had never used his permit in                                                              
Alaska  because  he never  felt  he needed  to.   He  had  carried                                                              
concealed in  Arizona and appreciated  the fact that Alaska  had a                                                              
reciprocity agreement with Arizona that allowed that.                                                                           
                                                                                                                                
He commented  that regulations from  DPS required people  who held                                                              
concealed carry permits from North  Dakota be at least 21 years of                                                              
age.                                                                                                                            
                                                                                                                                
MR. JUDY said there  were a couple of states that  allowed for the                                                              
sheriff to issue  to people with cause between the  ages of 18 and                                                              
21.                                                                                                                             
                                                                                                                                
SENATOR TAYLOR said the purpose of  the legislation is to expedite                                                              
the  process of  providing for  reciprocity.   He  asked for  some                                                              
background on Mr. Judy's working relationship with DPS.                                                                         
                                                                                                                                
MR. JUDY  said it was generally  positive but not productive.   In                                                              
March  of 1998  following  the passage  of  SB 141,  DPS issued  a                                                              
memorandum  to  law  enforcement  personnel  that  summarized  the                                                              
provisions of  the new law and included  a list of 17  states from                                                              
which permits would be recognized  by Alaska.  In 1999 DPS changed                                                              
their policy  and were not  honoring permits  from any state.   In                                                              
May of 1999 he  first contacted Deputy Commissioner  Del Smith who                                                              
said he would look into it and the problem would be addressed.                                                                  
                                                                                                                                
                                                                                                                                
MR. JUDY said there is a lack of  complete information and posting                                                              
it on  the website does  not meet the  requirement of  the statute                                                              
that  DPS provide  the information  to all  local law  enforcement                                                              
agencies.                                                                                                                       
                                                                                                                                
SENATOR ELLIS noted that the title of the legislation was broad.                                                                
                                                                                                                                
He asked Chairman  Taylor if this legislation  addressed a concern                                                              
in  his community  that  involved an  incident  where Mr.  Timothy                                                              
Wagner  had been adjudicated  mentally  ill.   He had a  concealed                                                              
carry permit  and there  were a number  of people concerned  about                                                              
that being  allowed under the  law.  He  asked if he  was familiar                                                              
with that incident.   If that is a problem, was  any thought given                                                              
to fixing  it in this  legislation.   He wanted Chairman  Taylor's                                                              
thoughts  and also Mr.  Judy's comment  on the  subject of  people                                                              
adjudicated mentally ill having concealed carry permits.                                                                        
                                                                                                                                
CHAIRMAN TAYLOR said his primary  concern was the broadness of the                                                              
title and would not mind at all narrowing  that up a bit if people                                                              
thought it would be appropriate.                                                                                                
                                                                                                                                
CHAIRMAN TAYLOR did not think Mr.  Wagner was adjudicated mentally                                                              
ill  until after  the incident.   He  was concerned  that had  Mr.                                                              
Wagner been standing  outside of the same store with  his gun in a                                                              
holster on  his leg he  would have been  legal in Alaska,  he does                                                              
not need  a permit  to do  that.   He was sighted  for failing  to                                                              
disclose to the officer who approached  him the fact that he had a                                                              
concealed firearm.   Chairman Taylor  was not sure how  to address                                                              
that  situation in  the legislation  but  would be  happy to  give                                                              
consideration to it.                                                                                                            
                                                                                                                                
SENATOR ELLIS asked Mr. Judy to explain  how other states may have                                                              
addressed or failed  to address the subject of  mental illness and                                                              
concealed carry.                                                                                                                
                                                                                                                                
MR.  JUDY  said  under  Federal Law  there  is  a  prohibition  on                                                              
possession  of a  firearm  for anybody  who  has been  adjudicated                                                              
mentally  incompetent  or  who  has been  committed  to  a  mental                                                              
institution.   The  State  of Alaska  has  the  same standard  for                                                              
possession  of a firearm.   In  this incident  Mr. Wagner  had not                                                              
been  adjudicated  and  had  no  record  of  any  kind  of  mental                                                              
problems.    If  he  had  been  carrying   openly  and  exhibiting                                                              
delusional  behavior nothing could  have been  done except  if law                                                              
enforcement at  the scene or the  person at the dive shop  who was                                                              
observing  his behavior  could, under  Alaska  Law Sec  47.30.700,                                                              
initiate an involuntary  commitment procedure.   Had that happened                                                              
and Wagner had  been committed then he could not  under Alaska Law                                                              
possess a firearm.                                                                                                              
                                                                                                                                
MR. JUDY  explained in  1998 SB 141  brought the concealed  weapon                                                              
permit  law into  line with  the possession  law in  the State  of                                                              
Alaska.   With that bill  if you could  legally possess  a firearm                                                              
then you would qualify  for a permit and any place  that you could                                                              
carry  a firearm  openly  you would  be able  to  carry a  firearm                                                              
concealed.                                                                                                                      
                                                                                                                                
He said the  law worked perfectly  in the Wagner case  because law                                                              
enforcement was  readily able to  determine that he had  a permit,                                                              
he was  acting delusional,  he had  not let  law enforcement  know                                                              
that he  was a  permit holder and  carrying so  they were  able to                                                              
arrest him  and charge him.   He was ultimately convicted  by that                                                              
section.  As part  of his sentence he was given  3 years probation                                                              
and  as  a condition  of  the  probation  he was  prohibited  from                                                              
possessing firearms.   He said that meant he does  not qualify for                                                              
a permit for  as long as he  is subject of that prohibition.   Mr.                                                              
Judy  thought once  he completed  his  probation if  he was  still                                                              
considered to  be a danger  and to have  mental problems  then any                                                              
one of  the people who  are working with  him in the  system could                                                              
initiate commitment  procedures and there by not  only prevent him                                                              
from qualifying for  a permit but also keep him  in the prohibited                                                              
class regarding straight possession.                                                                                            
                                                                                                                                
CHAIRMAN  TAYLOR said he  was taken  off the  street, his  gun was                                                              
removed  and he  was convicted  of the  offense because  he had  a                                                              
concealed carry permit and did not  adhere to Alaska Laws.  Had he                                                              
been carrying the gun openly there would have been no offense.                                                                  
                                                                                                                                
PETE  ROBERTS, Homer  resident, asked  the committee  to vote  for                                                              
reciprocity on  concealed carry permits.   He said  the statistics                                                              
on  it are  magnificent.   If  statistics were  only  so good  for                                                              
people  driving cars  people would  be a  lot safer.   He  thought                                                              
there were some very good reasons  for concealed carry permits and                                                              
a number  of them had occurred  recently.  Some of  the schoolyard                                                              
shootings  would have  been better  if there had  been some  armed                                                              
adults.  He knew that would not be  covered under this bill but in                                                              
schools  and  on  airplanes  maybe  some  incidents,  such  as  on                                                              
             th                                                                                                                 
September  11,    would  not  have  happened  if  there  had  been                                                              
somebody armed.   He supported SB 242.  He said  there are so many                                                              
laws covering  guns that  only legitimate  responsible people  can                                                              
legally be  doing anything  with a  gun in  the United States  and                                                              
that is  as it  should be.   He  concluded an  armed society  is a                                                              
polite society.                                                                                                                 
                                                                                                                                
CAPTAIN  HUDSON,  Alaska  State   Troopers  Department  of  Public                                                              
Safety, said Lieutenant Julie Grimes,  Supervisor of the Concealed                                                              
Handgun Permit  Program was  with him.   He  explained in  2000 he                                                              
testified on  SB 294 and assisted  in developing those  changes in                                                              
the  law.   At  that  time  their  goal  was to  try  to  increase                                                              
reciprocity  around the  nation in  regards  to concealed  handgun                                                              
permits.  He said  they were remiss in that their  website did not                                                              
identify clearly several of the states  that they have reciprocity                                                              
with.  He said Mr. Judy indicated  there is a two-part reciprocity                                                              
agreement that was developed in Chairman Taylor's last bill.                                                                    
   · To accept anyone's permit from a state that would accept                                                                   
     Alaska's.                                                                                                                  
   · If a state met the minimum criteria of Alaska we would                                                                     
     accept their permit.                                                                                                       
                                                                                                                                
He  explained that  the  reason he  was adamant  at  that time  in                                                              
regards  to reciprocity  was  they  wanted to  try  and make  sure                                                              
Alaskans had  the opportunity to  carry firearms as  they traveled                                                              
from state to state.   He believed at that point  in time that the                                                              
primary impetus  was to provide  Alaskan citizens  the opportunity                                                              
to carry their firearms when they traveled to other areas.                                                                      
                                                                                                                                
CAPTAIN HUDSON noted  that Mr. Judy said there  were approximately                                                              
31 states  that currently  had forms  of handgun permit  programs.                                                              
Alaska recognized  25 of those states  as defined in SB  294 which                                                              
Chairman Taylor  had worked  so hard on  in 2000. DPS  wanted some                                                              
sort of documentation  from those state managers  that would allow                                                              
them  to put  that  agreement  on file  so  they could  make  sure                                                              
Alaskan citizens were safe when they  travel.  The current website                                                              
listed the states which had given  them a reciprocity agreement so                                                              
when Alaskan citizens travel they had something to back that up.                                                                
                                                                                                                                
He  said DPS  was moving  forward  and continues  to  try to  move                                                              
forward, they  want to make sure  that Alaskan citizens  can carry                                                              
their firearms  when they travel  outside the State of  Alaska and                                                              
DPS can provide  them recent, current and accurate  information on                                                              
which states  will accept  their  permits.  One  of their  biggest                                                              
fears has been that as our state  laws have changed since 1994 and                                                              
other states  also continually  change  their laws.   They  try to                                                              
maintain  a   relationship  to  insure  correct   information  for                                                              
Alaskans traveling to another state.                                                                                            
                                                                                                                                
CAPTAIN HUDSON  wanted to  make sure the  committee did  not think                                                              
DPS  had done  nothing  because they  had  attacked  the issue  in                                                              
several  directions.  Alaska  accepts several  states permits  and                                                              
those states  had yet to tell  DPS if they would  accept Alaska's.                                                              
On the website they showed nine actual  reciprocity states.  There                                                              
was  actually fourteen  but  they were  waiting  for some  written                                                              
confirmation from them.  Out of the  31 existing states with carry                                                              
permits, Alaska would then or very  soon accept 25 of those states                                                              
and hopefully they can get some of them to accept Alaska's.                                                                     
                                                                                                                                
SENATOR COWDERY asked how many unlawful  incidents had occurred in                                                              
the State  of Alaska caused  by a concealed  carrier who  used his                                                              
weapon illegally.                                                                                                               
                                                                                                                                
CAPTAIN HUDSON said  to his knowledge there had not  been any.  He                                                              
noted Mr. Judy  had said the citizen  that goes to the  trouble of                                                              
getting a  permit and  legally doing  so is not  likely to  be out                                                              
committing crimes.                                                                                                              
                                                                                                                                
SENATOR  COWDERY asked  if there  had  been any  incident where  a                                                              
carrier has been a help to law enforcement in Alaska.                                                                           
                                                                                                                                
CAPTAIN  HUDSON did  not  believe there  had  been any  identified                                                              
incidents of that either.                                                                                                       
                                                                                                                                
SENATOR THERRIAULT said Captain Hudson  had stated in his comments                                                              
DPS wants to provide good concise,  timely information but started                                                              
his comments  out by saying  DPS had  been remiss in  getting that                                                              
information out.  He wanted to know where the problem was.                                                                      
                                                                                                                                
CAPTAIN HUDSON said  he would be remiss in telling  him that if he                                                              
looked  at the  website  that  day all  14  states  were up  there                                                              
because they  were not.   He wanted  to make  sure that  was clear                                                              
because he  didn't want  him to think  he was leading  him astray.                                                              
They  had constantly  tried to  contact other  states.   It was  a                                                              
dynamic  ongoing process  and like  anything, it  was a matter  of                                                              
timeliness trying to  make it happen.  The website  was not as up-                                                              
to-date on a daily basis as they wished.                                                                                        
                                                                                                                                
SENATOR  THERRIAULT  asked if  the  25  states were  states  where                                                              
Alaska recognized  their permits  and the list  of 13 they  had in                                                              
front of  them or  the 14  that Captain  Hudson was talking  about                                                              
were states that recognized Alaska's.                                                                                           
                                                                                                                                
CAPTAIN  HUDSON  said the  list  on  the  website that  day  under                                                              
reciprocity,  a total of  14, were  states with true  reciprocity.                                                              
They  would take  Alaska  permits and  Alaska  would take  theirs.                                                              
They had  identified another 11 states  which met the  criteria in                                                              
the  second portion  of  Alaska's  law but  had  not  yet said  or                                                              
provided any documentation that they  would accept Alaska permits.                                                              
They were working  on that on a regular basis and  he thought some                                                              
or most of them would accept Alaskan  permits.  It was a matter of                                                              
reaching the right person at the right time.                                                                                    
                                                                                                                                
SENATOR  THERRIAULT asked  Mr. Judy  if  we recognize  everybody's                                                              
permit but have no leverage to get  other states to recognize ours                                                              
did that put Alaska citizens at a disadvantage.                                                                                 
                                                                                                                                
MR. JUDY  said the more  states NRA can get  to pass laws  such as                                                              
the one they  are considering with  SB 242 the more  leverage they                                                              
would have.  He assured him NRA was  working with states trying to                                                              
get legislation passed where if states  were not cooperative those                                                              
states  would  simply  recognize  permits  from all  states.    He                                                              
thought  the more  states  they can  get  to act,  like  hopefully                                                              
Alaska  will  act, then  it  will be  like  a string  of  dominoes                                                              
eventually all the dominoes are going to fall.                                                                                  
                                                                                                                                
He  reiterated his  doubt that  all law  enforcement agencies  are                                                              
aware  of those  25 states  because he  had been  attempting on  a                                                              
regular  basis to get  information  and had never  heard that  DPS                                                              
considers 25  states as being valid  in Alaska.  He said  he would                                                              
venture to  guess that most law  enforcement agencies had  no clue                                                              
regarding that  point as well.  One  of the comments the  NRA made                                                              
for proposed  regulations for SB  294 was for all  law enforcement                                                              
in  Alaska  be notified  including  those  that  do not  have  web                                                              
access. He wanted  the web to reflect a complete  listing of those                                                              
states with reciprocity and those states with similar laws.                                                                     
                                                                                                                                
CHAIRMAN TAYLOR said  that was the purpose of  the legislation and                                                              
for being there.  He was shocked  to hear that DPS was recognizing                                                              
25 states.  He  asked Captain Hudson and Lieutenant  Grimes had he                                                              
asked DPS in early December how many  states Alaska recognized and                                                              
granting reciprocity to what would the number have been then.                                                                   
                                                                                                                                
CAPTAIN  HUDSON  said he  could  not answer  that.    In the  last                                                              
several months they had put more  emphasis on trying to accomplish                                                              
this.  He believed  Commissioner Del Smith had  spoken to Chairman                                                              
Taylor  and they  put  some emphasis  on  it.   He  knew that  the                                                              
reciprocity page on  the website which had nine states  on it were                                                              
all there  in December.  There  had been several added  since that                                                              
time.                                                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR  said when they checked  the website on  the first                                                              
of February it listed seven states  which Alaska recognized.  From                                                              
Captain Hudson's  testimony they actually  now have 14  which they                                                              
have some  type of agreement  with and 25  that they hope  to have                                                              
some type of written agreement with  in the near future.  He asked                                                              
if that was correct.                                                                                                            
                                                                                                                                
CAPTAIN HUDSON  said yes.  They had  four states they had  been in                                                              
contact with  which indicated they would  give DPS some  sort of a                                                              
written  confirmation   they  will   give  reciprocity;   Georgia,                                                              
Alabama,  Connecticut  and  Indiana.     When  they  actually  get                                                              
something from their  program managers in writing  they are locked                                                              
in  on  the  website.    For the  top  six  there  are  copies  of                                                              
agreements  that citizen  can pull  up and  see.   The website  is                                                              
dynamic  and  changing.    The other  states  they  evaluated  for                                                              
criteria have  been contacted and  are pending response  from them                                                              
and hopefully they will accept Alaska  permits.  One of the things                                                              
New Hampshire  indicated was  they would  honor Alaska  except for                                                              
the  120-day rule  in Alaska  law.   He  said they  are trying  to                                                              
convince  them under the  second phase  of our  law, if  they will                                                              
just accept  our permit we will  accept theirs, there is  no limit                                                              
for the 120 days.                                                                                                               
                                                                                                                                
CAPTAIN HUDSON  said there  is dialogue  going on between  program                                                              
managers of these states and they  are looking at various websites                                                              
and trying  to make  it work  to the  best of  their ability.   It                                                              
behooves them  to do so because once  they can get them  locked in                                                              
if they  don't change their  laws then  they will be  through with                                                              
that issue and can move on to other things.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR said he was making  an assumption but it seemed to                                                              
him that  they had made  very little  progress in reciprocity  for                                                              
almost four years and during that  period of time the dialogue was                                                              
ongoing.  He asked when those letters started flying out of DPS.                                                                
                                                                                                                                
CAPTAIN HUDSON said  after they passed SB 294 in  2000 he went off                                                              
to school for three months in Virginia  and then changed positions                                                              
in DPS.   He was  replaced by  another Lieutenant, not  Lieutenant                                                              
Grimes.  He came back to the program  in July.  He did not want to                                                              
place blame anywhere or try to lead  anybody astray but knew there                                                              
had been  work done  on the  program since  he had  come back  and                                                              
taken over.  He assisted Lieutenant  Grimes promotion and she came                                                              
onto  the program  in  the fall  of  last year.    There had  been                                                              
impetus placed on the program since that time.                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR  said if  he was  to go back  through the  file to                                                              
find out  when the letters actually  left DPS to the  other states                                                              
most of them would be sometime after last fall.                                                                                 
                                                                                                                                
CAPTAIN HUDSON said  that was not quite true.  He  saw the letters                                                              
before he  went off to  the FBI National  Academy in  September of                                                              
2000.   Prior  to his  departure he  saw letters  that were  being                                                              
mailed  out to  every  state that  indicated  they  had state  run                                                              
concealed handgun  programs at  that time.   He knew  letters went                                                              
out after the bill was passed into  law.  How much occurred in the                                                              
interim between then and the following July he did not know.                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR asked  if the DPS  website was  the way  Alaskans                                                              
discover what states give reciprocity.                                                                                          
                                                                                                                                
CAPTAIN HUDSON  said that is correct.   He said they  were waiting                                                              
for  written   confirmation  from   Kentucky,  Georgia,   Alabama,                                                              
Connecticut  and  Indiana.    They  were  working  with  Arkansas,                                                              
Louisiana,  Maine, Maryland,  North Carolina,  New Hampshire,  New                                                              
York, Oregon, South Carolina, Tennessee and West Virginia.                                                                      
                                                                                                                                
CHAIRMAN   TAYLOR  asked   if   their  website   information   and                                                              
regulations as they  are drafted were in compliance  with the law.                                                              
He  understood that  instructors  who are  certified  to give  the                                                              
training programs for concealed carry  were having trouble because                                                              
of problems inherent between the regulations and the website.                                                                   
                                                                                                                                
CAPTAIN HUDSON  said he was confused  about that because  the only                                                              
contact he had had from any instructors  recently in regard to the                                                              
website  and  statutes was  out  of  Fairbanks.   The  instructors                                                              
indicated they did  not have access to the website  and asked them                                                              
for hardcopies of the regulations.                                                                                              
                                                                                                                                
SENATOR  THERRIAULT wanted  to touch  on the issue  of Mr.  Wagner                                                              
because he  had gotten calls from  constituents.  He asked  if Mr.                                                              
Wagner had  been taken into  custody by  the police solely  on the                                                              
fact  that he had  failed to  reveal to  them he  had a  concealed                                                              
weapon with him.                                                                                                                
                                                                                                                                
CHAIRMAN  TAYLOR said  the  charge they  brought  against him  was                                                              
failure  to disclose,  as a permit  holder, that  he was  actually                                                              
carrying.                                                                                                                       
                                                                                                                                
SENATOR  THERRIAULT asked  if the  restriction placed  on him  for                                                              
possessing  a firearm  was because  he was adjudicated  to  have a                                                              
mental  condition   and  while  he   is  getting   treatment  that                                                              
prohibition is put on him.                                                                                                      
                                                                                                                                
CHAIRMAN  TAYLOR said  he did not  think he  had been  adjudicated                                                              
yet.  He noted  Mr. Judy testified he was under  probation for the                                                              
criminal charge he was convicted  of.  That probation will run for                                                              
three years.   If he  is still exhibiting  bazaar behavior  it was                                                              
hoped that someone would file to  have him declared or found to be                                                              
mentally incompetent and for that  reason not to be able to handle                                                              
firearms.   That would  prevent him under  both Federal  and State                                                              
law from even possession of a firearm.                                                                                          
                                                                                                                                
SENATOR THERRIAULT inquired if the  only restriction placed on him                                                              
stemmed from the concealed carry law.                                                                                           
                                                                                                                                
TAPE 02-03 SIDE B                                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR answered  that he would not be  under probation if                                                              
he had the gun strapped on his hip  and was talking about computer                                                              
chips being inserted  in his head and standing in  the rain hoping                                                              
the  rain would  wash  away all  the  evil chemicals  inside  him.                                                              
There  would have  been no  reason  they could  have arrested  him                                                              
other than for some overt or bazaar  or dangerous behavior because                                                              
he would have been perfectly legal  at that point since no one has                                                              
adjudicated him  or committed him.   This law worked very  well to                                                              
make certain that person was no longer on the street with a gun.                                                                
                                                                                                                                
JOE  NAVA, Fairbanks  firearm  safety and  marksmanship  provider,                                                              
said he supported  the bill because it was aimed  at the good guys                                                              
in  this country.   He  agreed with  Mr. Judy  that the  concealed                                                              
carry people  do not cause  problems and  he called them  the good                                                              
guys.    He  informed  the  committee  he  was  an  instructor  in                                                              
Fairbanks  and trained  people  for  the state  and  was a  course                                                              
provider for  the DPS.   He had been  training firearm  safety and                                                              
marksmanship in Alaska  for 40 years and training  instructors for                                                              
30 years.                                                                                                                       
                                                                                                                                
MR. NAVA said he worked very closely  with the ladies in Anchorage                                                              
who administered the  program.  The program allowed  him and other                                                              
instructors around the state to bring  gun safety training to over                                                              
18,000  people who  would  not have  gotten  it  otherwise.   That                                                              
reduced  firearm accidents.  He said  if people  didn't know  that                                                              
educational  training  reduced  accidents  they would  not  be  in                                                              
schools trying  to teach  children how to  behave in  their future                                                              
life so they won't come to grief.                                                                                               
                                                                                                                                
He said the  concealed carry law  in Alaska had reduced  the crime                                                              
rate.   He checked the  crime rate in  the Juneau Library  through                                                              
the reports  sent  in by DPS  for 1995  through 1998.   From  1995                                                              
through 1998 all crimes against a  person had gone down in double-                                                              
digit percentages.   He added it may or may not  have all been the                                                              
result  of the  concealed carry  program  but he  was certain  the                                                              
concealed carry program had some  effect because you could see the                                                              
same statistics in all the other states.                                                                                        
                                                                                                                                
He  explained he  trained concealed  carry applicants  and as  the                                                              
course  provider  was  suppose  to   have  the  most  up  to  date                                                              
information and he  could only get that from the  website.  He had                                                              
a  sheet from  the website  dated  the first  of  February and  it                                                              
listed seven  states and  did not say  anything about  any others.                                                              
He said that seven had been there  for a long time without change.                                                              
                                                                                                                                
The problem  he had was with  the information given to  the people                                                              
and  the  course  providers.  People   get  information  from  the                                                              
instructors when they  take the class.  He has to  present what he                                                              
can get off the website and if that  is not up to date and correct                                                              
then he  is not giving  correct information  to his students.   He                                                              
said he checked the website the first  day of February and it said                                                              
permits must be  renewed in person.  That had been  on the website                                                              
since the  law was changed  in August of the  year 2000.   He sent                                                              
emails to DPS reminding  them of the change but the  answer he got                                                              
was they were going to update the  regulations and then change the                                                              
information on  the website.  He  believed the information  on the                                                              
website should  be accurate and updated  and it should not  take a                                                              
year and a half to do it.                                                                                                       
                                                                                                                                
He  discussed the  stack of  law papers  that DPS  gives to  every                                                              
applicant when  they pick  up their  application and thought  that                                                              
needed to be rewritten also.  He  said the first ten pages of that                                                              
packet were correct, it quoted the  law, but the next ten pages on                                                              
regulations had  not been updated.   He wanted somebody  to update                                                              
the information and website to comply  with the law so he can give                                                              
the best information possible to his students.                                                                                  
                                                                                                                                
SENATOR  DONLEY requested  copies of DPS  correspondence  with the                                                              
other states  including the  dates to be  added to the  record for                                                              
when this legislation goes to the House.                                                                                        
                                                                                                                                
LIEUTENANT GRIMES believed  they could provide most of  that.  She                                                              
thought they had it collected in a notebook.                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR said  they would make that part  of the background                                                              
material that moves with the bill.                                                                                              
                                                                                                                                
SENATOR  DONLEY  moved  SB  242  from  committee  with  individual                                                              
recommendations.  There being no objection, the motion passed.                                                                  

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