Legislature(2003 - 2004)

05/12/2003 01:12 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
             CSHB 102(STA)-CONCEALED DEADLY WEAPONS                                                                         
                                                                                                                                
MR.  MARK ENOFT,  staff to  Representative Croft,  sponsor of  HB
102, informed  members that their packets  contain a side-by-side                                                               
chart that  compares HB 102  to Alaska's current  concealed carry                                                               
law.   HB  102  eliminates the  distinction  between a  concealed                                                               
weapon and  an open  carry weapon. Under  current Alaska  law, no                                                               
permit is  required for  open carry weapons.  HB 102  removes the                                                               
permit  requirement to  carry  a concealed  weapon  but does  not                                                               
change  any other  substantive requirements  of the  current law,                                                               
such as who can possess a  concealed weapon and where a concealed                                                               
weapon can  be carried.  HB 102  eliminates some  confusion about                                                               
who must tell a police officer  when and where a concealed weapon                                                               
is  carried. Under  current law,  a permit  holder must  notify a                                                               
peace officer that he or she  is carrying a concealed weapon when                                                               
contacted  by  a peace  officer.  However,  a person  carrying  a                                                               
concealed weapon on  his or her own property, or  for the purpose                                                               
of hunting,  personal protection  or another lawful  activity, is                                                               
not  required to  notify a  peace  officer. HB  102 will  require                                                               
everyone who  is carrying  a concealed weapon  to notify  a peace                                                               
officer. That change  will make the law easier for  the public to                                                               
understand and  will provide  a certain  amount of  confidence to                                                               
peace officers.                                                                                                                 
                                                                                                                                
CHAIR SEEKINS  clarified that  CSHB 102(STA)  will not  repeal or                                                               
eliminate Alaska's concealed carry  weapon program because to get                                                               
reciprocity  in another  state,  a person  would  need an  Alaska                                                               
permit.                                                                                                                         
                                                                                                                                
MR. ENOFT  agreed and said that  having a permit makes  it easier                                                               
to  purchase  a weapon  because  the  permit holder  has  already                                                               
undergone a criminal background check.                                                                                          
                                                                                                                                
CHAIR SEEKINS  noted the  buyer can  bypass the  required waiting                                                               
period because the background check was already completed.                                                                      
                                                                                                                                
[SENATOR FRENCH arrived.]                                                                                                       
                                                                                                                                
CHAIR SEEKINS  noted that Mr.  Judy of  the NRA was  available to                                                               
answer questions and that no one else had signed up to testify.                                                                 
                                                                                                                                
SENATOR  THERRIAULT   asked  which  version  the   committee  was                                                               
discussing.                                                                                                                     
                                                                                                                                
MR. ENOFT informed  members that \Q was the  most updated version                                                               
of HB 102.                                                                                                                      
                                                                                                                                
SENATOR  THERRIAULT   moved  CSHB   102(STA),  version   Q,  from                                                               
committee with its accompanying fiscal notes.                                                                                   
                                                                                                                                
SENATOR FRENCH objected to the  motion and expressed concern that                                                               
the   committee  spent   only   five   minutes  discussing   this                                                               
legislation and the subject deserves more time.                                                                                 
                                                                                                                                
CHAIR SEEKINS said  he read and likes the bill  and assumes other                                                               
members have  read the bill.  He noted that  no one signed  up to                                                               
testify.  He believes  it would be an honor for  Alaska to be the                                                               
second  state  that  trusts its  law-abiding  citizens  to  carry                                                               
concealed weapons.  He asked  Senator French  if he  has specific                                                               
questions.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  asked if  this is the  first hearing  on CSHB
102(STA).                                                                                                                       
                                                                                                                                
CHAIR SEEKINS said it is the first hearing in the Senate.                                                                       
                                                                                                                                
SENATOR  THERRIAULT withdrew  his  motion to  move CSHB  102(STA)                                                               
from committee to accommodate Senator French's concern.                                                                         
                                                                                                                                
SENATOR  FRENCH  said  he  asked his  staff  to  contact  various                                                               
members of the  peace officers association to find  out where the                                                               
law enforcement community stands on this legislation.                                                                           
                                                                                                                                
SENATOR OGAN  commented that  he has  ridden with  both Anchorage                                                               
Police  Department officers  and  the Alaska  State Troopers  and                                                               
both told him, "the bad guys  are all packing, you know, give the                                                               
good guys a  chance to pack." He  said he has not  talked to them                                                               
about  this particular  bill, but  they  have acknowledged  that,                                                               
"all of the  bad guys have got  guns and they have  the good guys                                                               
outgunned in the field." He said  for that reason he supports the                                                               
legislation.                                                                                                                    
                                                                                                                                
CHAIR SEEKINS  said CSHB 102(STA)  has been properly  noticed and                                                               
that the police  groups across the state have  been watching both                                                               
concealed  carry weapons  bills before  the Legislature.  He said                                                               
since no one  signed up to testify against the  bill today, he is                                                               
assuming no one opposes it.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT asked  Mr. Enoft if he  received feedback from                                                               
law enforcement agencies in the state.                                                                                          
                                                                                                                                
MR. ENOFT  told members that  Representative Croft  submitted the                                                               
bill to Commissioner Tandeske of  the Department of Public Safety                                                               
and  to  Chief  Monegan  of   the  Anchorage  Police  Department.                                                               
Commissioner Tandeske  said he had  not formulated an  opinion on                                                               
the legislation  and that this issue  was not one he  was willing                                                               
to fight.  The Anchorage Police Department has not responded.                                                                   
                                                                                                                                
SENATOR  FRENCH asked  that CSHB  102(STA) be  held in  committee                                                               
until the next  day to await responses from  the Anchorage Police                                                               
Department.                                                                                                                     
                                                                                                                                
CHAIR  SEEKINS announced  that  CSHB 102(STA)  would  be held  in                                                               
committee.                                                                                                                      

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