Legislature(2003 - 2004)

05/13/2003 08:07 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
TAPE 03-46, SIDE B                                                                                                            
                                                                                                                                
                HB 102-CONCEALED DEADLY WEAPONS                                                                             
                                                                                                                                
OFFICER  MIKE   COUTURIER,  representing  the   Anchorage  Police                                                               
Employees Association,  stated support  for the  proposed changes                                                               
[in  Version Q].  Peace officers  support anything  that provides                                                               
them with a better tool  to ensure everyone's safety through more                                                               
detailed instruction  about what  to do  when contacted  by peace                                                               
officers.                                                                                                                       
                                                                                                                                
SENATOR  FRENCH asked  Officer Couturier  who would  be educating                                                               
the  public about  the bill  requirements regarding  notification                                                               
before  entering a  home with  a concealed  handgun or  notifying                                                               
police officers that one is carrying a concealed handgun.                                                                       
                                                                                                                                
OFFICER COUTURIER said the trainer  would inform anyone obtaining                                                               
a concealed  carry permit  if this bill  passes. The  majority of                                                               
people handling concealed weapons  receive their training [during                                                               
the permit  process]. He  said he  believes once  a person  has a                                                               
concealed carry  permit, that person  would be on a  mailing list                                                               
for updates to any changes to the state law. He said:                                                                           
                                                                                                                                
     As far as  a person that owns a  residence that happens                                                                    
     to have a  guest that happens to be  carrying a weapon,                                                                    
     and the homeowner, knowing that  the person is supposed                                                                    
     to provide  them with that information,  that's part of                                                                    
     the onus that  we all share in educating  the public on                                                                    
     current law and changes to  the law. And partially as a                                                                    
     responsible  citizen  of  the   state  we  all  have  a                                                                    
     responsibility, of  course, to  know what the  laws are                                                                    
     and to obey them. Certainly  some public forum of TV or                                                                    
     municipal  channels  would   assist  in  educating  the                                                                    
     public and those are the options that I see.                                                                               
                                                                                                                                
SENATOR FRENCH said it sounds  like Officer Couturier is assuming                                                               
the  instructional   courses  under  the  current   system  would                                                               
continue and it is through  those courses that people would learn                                                               
the provisions  of the law.  He said  he is skeptical  because he                                                               
believes this bill will repeal the  need for a permit and make it                                                               
less likely that someone will spend the money to take a class.                                                                  
                                                                                                                                
CHAIR SEEKINS  remarked that a  person would still need  a permit                                                               
if he  or she wants  to carry a  concealed weapon outside  of the                                                               
state  because  a person  will  not  have reciprocity  without  a                                                               
permit. In  addition, a person  with a  permit can buy  a handgun                                                               
without  the  waiting  period because  the  necessary  background                                                               
check has  already been done.  Therefore, it is  still beneficial                                                               
to  take the  training classes  to get  the actual  carry permit.                                                               
This  bill will  not  make criminals  out of  people  who wear  a                                                               
jacket over a  weapon when they are carrying it  legally. He said                                                               
he  would   imagine  that  gun   shops,  the  NRA,   and  outdoor                                                               
organizations will do everything they  can to educate the general                                                               
public. It  will not be required  by statute, but if  this law is                                                               
to work,  those organizations know  it is incumbent upon  them to                                                               
educate the public.                                                                                                             
                                                                                                                                
OFFICER COUTURIER said he needed to  back up because when he read                                                               
the bill  he did  not read  anything that  said permits  would no                                                               
longer be required.                                                                                                             
                                                                                                                                
CHAIR SEEKINS  replied, "You  can carry  concealed now  without a                                                               
permit - if you do so in a lawful manner."                                                                                      
                                                                                                                                
SENATOR  FRENCH read,  to  clarify  the nature  of  the bill  for                                                               
Officer  Couturier,  the  following   excerpt  from  the  sponsor                                                               
statement:                                                                                                                      
                                                                                                                                
     HB 102  repeals the  concealed carry laws  that require                                                                    
     permits  to carry  deadly weapons,  including handguns,                                                                    
     knives and  other legal-to-own deadly weapons.  It does                                                                    
     not repeal  any of the  restrictions on where  a person                                                                    
     can  carry  a  concealed  weapon,  such  as  on  school                                                                    
     grounds, in  courthouses or on private  property, where                                                                    
     the owner may prohibit such weapons.                                                                                       
                                                                                                                                
CHAIR SEEKINS noted the third paragraph reads:                                                                                  
                                                                                                                                
     It  does  not  eliminate the  state's  concealed  carry                                                                    
     permit program for two reasons.                                                                                            
                                                                                                                                
OFFICER  COUTURIER  apologized  and  said he  did  not  have  the                                                               
sponsor statement. He said the  support of his organization might                                                               
not  be  as  strong  because   the  Anchorage  Police  Department                                                               
Employees  Association   certainly  feels  the  need,   prior  to                                                               
contacting someone  - whether that be  on a traffic stop  or just                                                               
contacting them  on the  street, to  know ahead  of time  or upon                                                               
recontact that the person has a  concealed carry permit.  He said                                                               
if there were  no system that allows the peace  officer to know a                                                               
person has  a concealed carry  permit, he would not  know whether                                                               
or  not  the carrier  is  violating.  The Association  feels  the                                                               
concealed carry program provides a  valuable tool that the police                                                               
department uses daily.                                                                                                          
                                                                                                                                
SENATOR FRENCH  said he believes  one valid reason for  this bill                                                               
is  that it  is difficult  for  people who  live in  the Bush  to                                                               
qualify  for a  concealed carry  permit because  the courses  are                                                               
only  taught in  metropolitan  areas. He  suggested  it might  be                                                               
possible to  offer the information  that the peace  officers want                                                               
conveyed to people  before they are allowed to  carry a concealed                                                               
weapon  through either  an Internet  session or  a correspondence                                                               
course.                                                                                                                         
                                                                                                                                
OFFICER  COUTURIER  said  his  organization   feels  it  is  very                                                               
important  to have  this tool  as  it makes  contact safer;  they                                                               
would hate to lose this tool.                                                                                                   
                                                                                                                                
SENATOR  FRENCH commented  there may  be  some way  to lower  the                                                               
level of  qualification to get  a concealed carry  weapon permit,                                                               
still convey the  information, and allow law  enforcement to have                                                               
some knowledge of who has a concealed carry weapon permit.                                                                      
                                                                                                                                
CHAIR SEEKINS indicated  the State of Vermont has  this law; that                                                               
state has one of the lowest crime rates in the nation.                                                                          
                                                                                                                                
SENATOR  OGAN  said  the  police  officers  he  spoke  with  were                                                               
supportive of the  concealed carry law because  they felt, "Well,                                                               
the bad guys are all packing, we  might as well let the good guys                                                               
pack too." He  noted when a person is stopped  the police officer                                                               
runs  their  identification  through   the  APSIN  system,  which                                                               
contains criminal records.  He said it seems if  a police officer                                                               
runs a check on a person and  finds they have a clean record, the                                                               
police  officer would  feel there  is some  reasonable amount  of                                                               
certainty the person is not going to be a threat.                                                                               
                                                                                                                                
OFFICER COUTURIER  said that  is a  reasonable assumption  but we                                                               
live in  a world of  exceptions. He said it  is just a  matter of                                                               
having another tool  in the peace officer's tool  bag to approach                                                               
each situation in the safest way possible.                                                                                      
                                                                                                                                
CHAIR SEEKINS thanked Officer Couturier.                                                                                        
                                                                                                                                
9:15 a.m.                                                                                                                     
                                                                                                                                
SERGEANT DAVE  PARKER, Anchorage Police Department,  told members                                                               
he was contacted the previous  day about this legislation. One of                                                               
his  concerns is  that this  bill will  put honorable  gun owning                                                               
citizens in  a higher risk  situation. He understands  there will                                                               
be an  effort to provide  education on the concealed  carry laws,                                                               
particularly about when  a person can use  lethal force. However,                                                               
having  trained  concealed  carry  permit  applicants  for  three                                                               
years, he has found [the police  department] is able to do a much                                                               
more  thorough job  of teaching  about when  lethal force  can be                                                               
used and  about the laws  surrounding the  use of force.  If this                                                               
concealed  carry bill  is enacted,  he is  concerned that  people                                                               
will be acting in ignorance. He  would hate to see gun owners get                                                               
into  trouble because  they  do not  know the  law.  He said  the                                                               
police  department has  no problems  with concealed  carry permit                                                               
gun owners  because they have  undergone the  necessary education                                                               
to get the  permit. He likened the process to  getting a driver's                                                               
license.                                                                                                                        
                                                                                                                                
MR. PARKER  said carrying a concealed  weapon in the Bush  is not                                                               
the problem; problems  occur in the high-density  urban areas. He                                                               
said the current  law is a good  one. If the law  is changed, the                                                               
good citizens will be the ones who have problems.                                                                               
                                                                                                                                
CHAIR SEEKINS  asked Mr. Judy  to inform committee  members about                                                               
the State of Vermont's experience with this law.                                                                                
                                                                                                                                
MR. BRIAN  JUDY, National  Rifle Association,  said the  State of                                                               
Vermont  is the  one  state without  a  prohibition on  concealed                                                               
carry  of weapons.  According  to FBI  statistics,  the State  of                                                               
Vermont consistently falls near the  bottom of the list of states                                                               
in terms of  crime. Last year, Vermont ranked 49th  out of the 50                                                               
states in  violent crime. He said  the law is working  well; law-                                                               
abiding  citizens are  not causing  problems. He  pointed out  in                                                               
Alaska, one  does not need  a permit  to carry a  firearm openly,                                                               
nor is a permit required if  a concealed firearm is being carried                                                               
for a lawful  outdoor activity. Therefore, a  fairly wide segment                                                               
of  people  are  already  carrying  firearms  without  undergoing                                                               
training.  Under existing  law,  a  person who  is  dressed in  a                                                               
manner that is  not compatible with open carry is  required to go                                                               
through the  government program, pay fees,  be fingerprinted, and                                                               
get  on  a  government  database merely  to  cover  the  firearm.                                                               
Regarding  the  training issue,  he  told  members in  the  large                                                               
number of states  with concealed carry permit  laws, the required                                                               
training runs the  gamut; Vermont is one  extreme. Washington has                                                               
a concealed  carry permit  law with  no training  requirement for                                                               
law-abiding  citizens.   Washington  has   approximately  250,000                                                               
licensed permit  holders. Washington  has no problems  with those                                                               
permit holders. The  empirical evidence in all  states shows that                                                               
concealed  weapons permit  holders are  not causing  problems. He                                                               
pointed out  that Alaska experienced  a significant  reduction in                                                               
violent  crime  after  its  concealed   weapons  permit  law  was                                                               
enacted. He told members the NRA  supports HB 102, as it believes                                                               
it is good public policy.                                                                                                       
                                                                                                                                
CHAIR  SEEKINS said  as a  young man,  he was  a resident  of the                                                               
State  of Washington.  At that  time,  he had  a concealed  carry                                                               
weapon permit  to carry a  22 rifle for  hunting. He said  all he                                                               
needed was  a good reason  for the  State of Washington  to issue                                                               
the permit. He asked if that is still the case.                                                                                 
                                                                                                                                
MR. JUDY said a  person does not have to provide  a reason in the                                                               
State  of  Washington, similar  to  the  current law  in  Alaska.                                                               
Issuance of  a permit is  mandatory for law-abiding  citizens who                                                               
can lawfully own a firearm.                                                                                                     
                                                                                                                                
CHAIR SEEKINS asked  if he, as a permit holder,  would be covered                                                               
if he puts  a revolver in the  console of his truck  but his wife                                                               
would be breaking  the law if she unknowingly  borrowed his truck                                                               
with the gun in it.                                                                                                             
                                                                                                                                
SENATOR  OGAN said  the officer  who  last testified  said it  is                                                               
legal to carry a concealed weapon in one's automobile right now.                                                                
                                                                                                                                
SENATOR FRENCH pointed  out that in the April 4,  2003 letter Mr.                                                               
Brady sent to Representative Croft  about the 1995 changes to the                                                               
concealed  carry  weapons  law,  he  wrote,  "Opponents  screamed                                                               
hysterically  that blood  would  run in  the  streets." He  asked                                                               
whether  that  really  happened  or  whether  it  was  rhetorical                                                               
flourish.                                                                                                                       
                                                                                                                                
MR. JUDY said that was not  rhetorical flourish. In 1993 or 1994,                                                               
when  HB 351  was  initially introduced,  people made  hysterical                                                               
claims  and predictions.  He still  has the  white paper  done by                                                               
certain members  of the law  enforcement community in  which they                                                               
predicted traffic  stops turning  into shoot-outs. He  said those                                                               
were the kinds of claims being  made in other states in the 1980s                                                               
that were making  the same public policy change.  In every single                                                               
state, the empirical  evidence showed that was  not happening. He                                                               
said  that "bad"  guys are  going to  continue to  cause problems                                                               
regardless of the level of training.                                                                                            
                                                                                                                                
SENATOR OGAN  said he believes Switzerland  requires all citizens                                                               
to be in  the military. After they get out  of the military, they                                                               
take their weapons and uniforms with  them and can be called back                                                               
at any time. He said that Switzerland has virtually no crime.                                                                   
                                                                                                                                
CHAIR SEEKINS said  when he visited Switzerland he  was told that                                                               
policy has kept Switzerland neutral for many years.                                                                             
                                                                                                                                
SENATOR  OGAN moved  CSHB 102(STA),  \Q version,  with individual                                                               
recommendations and attached zero fiscal note.                                                                                  
                                                                                                                                
SENATOR FRENCH objected.                                                                                                        
                                                                                                                                
The  motion carried  with Senators  Ellis, Ogan,  Therriault, and                                                               
Seekins in favor, and Senator French opposed.                                                                                   

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