Legislature(2009 - 2010)BELTZ 105 (TSBldg)

03/22/2010 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 239 IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST TELECONFERENCED
Moved CSSB 239(JUD) Out of Committee
+= SB 153 MOBILE HOMES AS REAL PROPERTY TELECONFERENCED
Scheduled But Not Heard
+= SB 277 PUB. UTILITY EXEMPTION: RENEWABLE ENERGY TELECONFERENCED
Heard & Held
+ HB 319 FIREARMS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                         HB 319-FIREARMS                                                                                    
                                                                                                                                
2:35:33 PM                                                                                                                    
CHAIR  FRENCH  announced  the  consideration   of  HB  319.  [CSHB
319(FIN) was before the committee.]                                                                                             
                                                                                                                                
REPRESENTATIVE MIKE  HAWKER, sponsor of HB 319,  characterized the                                                              
bill  as another  opportunity  to  reaffirm the  Second  Amendment                                                              
rights of  Alaska's citizens. It  also cleans up some  sections of                                                              
statute pertaining to concealed handgun  permits. Specifically, it                                                              
clarifies  that  when a  concealed  handgun  permit expires  or  a                                                              
permit  holder  leaves  the  state, the  holder  doesn't  need  to                                                              
surrender  the  permit;  it provides  that  an  expired  concealed                                                              
handgun  permit may  be displayed  as  long as  the permit  holder                                                              
doesn't  represent  it  as  being  valid;  it  requires  that  the                                                              
Department of  Public Safety (DPS)  send permit holders  a letter,                                                              
at least 90 days before their permit  expires, notifying them that                                                              
their  permit is  about  to  expire; it  allows  DPS  to post  the                                                              
various  regulations  and  statutes   electronically  rather  than                                                              
mandating  paper  transactions;  and  it requires  the  chief  law                                                              
enforcement officer in a jurisdiction  to execute, within 30 days,                                                              
the federal  firearms forms required  for the transfer  of certain                                                              
types of firearms  including short barreled rifle  shotguns, sound                                                              
suppression devices, and automatic firearms.                                                                                    
                                                                                                                                
2:46:52 PM                                                                                                                    
The form, in  part, requires the chief law enforcement  officer to                                                              
certify that he/she has no information  that the transferee of the                                                              
firearm  will use  the firearm  or  device for  other than  lawful                                                              
purposes, and  no information  that the  receipt or possession  of                                                              
the firearm or  device would place the transferee  in violation of                                                              
state or local law.                                                                                                             
                                                                                                                                
CHAIR FRENCH asked if the Department  of Public Safety had taken a                                                              
position on the bill.                                                                                                           
                                                                                                                                
2:49:56 PM                                                                                                                    
SUE STANCLIFF,  Special Assistant to the Commissioner,  Department                                                              
of Public  Safety (DPS), reported that  DPS is neutral on  HB 319,                                                              
but  is  happy  to  work  with  the  sponsor  and  provide  Second                                                              
Amendment  rights   to  individual  Alaskans.  Last   session  the                                                              
Legislature passed  legislation authorizing renewal  notices on an                                                              
individual's  birthday and that  hasn't had much  time to  go into                                                              
effect.  The  bill  requires  the  department  to  send  a  letter                                                              
notifying a  permit holder  that their permit  is about  to expire                                                              
and DPS  would be happy  to do so  for the nearly  8,000 concealed                                                              
carry permit holders.                                                                                                           
                                                                                                                                
MS. STANCLIFF  said the only  real concern  DPS has with  the bill                                                              
relates to maintaining  reciprocity with other states.  Kansas and                                                              
Colorado  are just  two of  a number  of  reciprocity states  that                                                              
will only  recognize an  Alaska concealed hand  gun permit  if the                                                              
permit  holder remains  a resident  of the state  of Alaska.  That                                                              
provision  may need  further  clarification.  She reiterated  that                                                              
DPS is  neutral on  the bill,  but does  support Second  Amendment                                                              
rights  and  doing  whatever  is   necessary  to  accommodate  the                                                              
process  that makes  it easier  for individuals  to exercise  this                                                              
right.                                                                                                                          
                                                                                                                                
2:53:05 PM                                                                                                                    
CHAIR  FRENCH  encourage  her  to  submit  suggested  language  to                                                              
address her concerns through Representative Hawker's office.                                                                    
                                                                                                                                
MS. STANCLIFF agreed to do so within the next 24 hours.                                                                         
                                                                                                                                
REPRESENTATIVE HAWKER  said he's had extensive  conversations with                                                              
the  western   region  representative   for  the  National   Rifle                                                              
Association (NRA),  Mr. Brian Judy,  about the reciprocity  matter                                                              
and Mr.  Judy has  opined that it  isn't an  issue. In  fact, some                                                              
states don't require  a person to be a state resident  in order to                                                              
receive the initial  permit. Florida and Utah,  for example, don't                                                              
require  state residency  in  order to  obtain  a concealed  carry                                                              
permit  and  Colorado  recognizes   reciprocity  from  both  these                                                              
states.  Certainly  there will  always  be reciprocity  issues  in                                                              
some  jurisdictions, but  the concerns  articulated  by DPS  don't                                                              
rise  to  the level  to  impede  the  progress  of this  bill,  he                                                              
concluded.                                                                                                                      
                                                                                                                                
CHAIR FRENCH  clarified that  the bill has  a further  referral to                                                              
the  finance committee  and  announced  he would  hold  HB 319  in                                                              
committee.                                                                                                                      

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