Legislature(2009 - 2010)CAPITOL 120
02/16/2009 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HJR17 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 17 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 16, 2009
1:03 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative John Coghill
Representative Carl Gatto
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Nancy Dahlstrom, Vice Chair
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 17
Urging the United States Congress to reject H.R. 45, the Blair
Holt's Firearm Licensing and Record of Sale Act of 2009.
- MOVED CSHJR 17(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 17
SHORT TITLE: OPPOSE H.R. 45 IN CONGRESS
SPONSOR(S): REPRESENTATIVE(S) HARRIS
02/11/09 (H) READ THE FIRST TIME - REFERRALS
02/11/09 (H) JUD
02/16/09 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE JOHN HARRIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HJR 17.
TAMMI WILSON
Fairbanks, Alaska
POSITION STATEMENT: Expressed her hope that HJR 17 will be
passed out of committee.
BRENT RICHEY
Fairbanks, Alaska
POSITION STATEMENT: Recommended that HJR 17 be passed from
committee.
MIKE PRAX
North Pole, Alaska
POSITION STATEMENT: Expressed his hope that HJR 17 will pass
out of committee expeditiously.
SCOTT HAMANN
Kenai, Alaska
POSITION STATEMENT: Provided comments during discussion of
HJR 17.
STEVE CATALANO
Nikiski, Alaska
POSITION STATEMENT: Testified in support of HJR 17.
ACTION NARRATIVE
1:03:53 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:03 p.m. Representatives Ramras, Coghill,
Gatto, and Holmes were present at the call to order.
Representatives Lynn and Gruenberg arrived as the meeting was in
progress.
HJR 17 - OPPOSE H.R. 45 IN CONGRESS
1:04:02 PM
CHAIR RAMRAS announced that the only order of business would be
HOUSE JOINT RESOLUTION NO. 17, Urging the United States Congress
to reject H.R. 45, the Blair Holt's Firearm Licensing and Record
of Sale Act of 2009.
1:05:04 PM
REPRESENTATIVE JOHN HARRIS, Alaska State Legislature, said that
HJR 17 simply says to the federal government that the Alaska
State Legislature doesn't want the federal government to
infringe upon the rights of Americans to bear arms, adding his
belief that the federal legislation currently before Congress,
H.R. 45, does just that. Specifically, HJR 17 asks Congress to
reject H.R. 45. He characterized the "WHEREAS" statements in
HJR 17 as self-explanatory, and said he supports [what later
become known as proposed Amendment 1].
REPRESENTATIVE GATTO referred to the fact that the Second
Amendment says in part, "the right of the people to keep and
bear Arms, shall not be infringed", and asked whether
instituting licensing requirements such as those proposed by
H.R. 45 could be construed [by the courts] to be an infringement
and thus be ruled unconstitutional.
REPRESENTATIVE HARRIS acknowledged that that's a possibility,
but expressed his hope that H.R. 45 won't progress to the point
where the U.S. Supreme Court must address the issue of
constitutionality. He characterized H.R. 45 as simply another
attack on the people's right to bear arms.
REPRESENTATIVE GATTO asked whether those who confiscated
firearms during the aftermath of Hurricane Katrina were in
violation of the U.S. Constitution, and, if so, whether they
should have been subject to a penalty for doing so.
REPRESENTATIVE HARRIS offered his belief that such people were
acting in violation of the U.S. Constitution.
1:09:55 PM
TAMMI WILSON indicated that she is glad that HJR 17 has been
introduced, and expressed her hope that HJR 17 will be passed
out of committee.
1:10:30 PM
BRENT RICHEY referred to the provision in HJR 17 that read in
part, "WHEREAS the Second Amendment to the United States
Constitution enunciates a citizen's right to keep and bear arms,
stating that that right shall not be infringed", and remarked
that it is a sad state of affairs when state citizens must
remind the federal government to abide by its own law. He
characterized the wording of the Second Amendment as pretty
clear, and surmised that most citizens can understand it as well
as the aforementioned provision of HJR 17. He recommended that
the committee pass HJR 17.
CHAIR RAMRAS noted that in addition to other legislators,
Representatives Coghill and Lynn, as well as he, himself, have
signed on as co-sponsors of HJR 17.
1:12:06 PM
MIKE PRAX opined that it is unfortunate that the Alaska State
Legislature must take time out if its schedule to keep track of
the federal government, which, he opined, seems to have
forgotten its limited role under the U.S. Constitution. All
state legislatures, in representing their citizens, need to pay
attention to what the federal government is doing, he remarked,
and offered his hope that HJR 17 will pass out of committee
expeditiously.
1:13:07 PM
SCOTT HAMANN said he is happy that HJR 17 is being considered,
surmising that it will pass. He added, "We are just sick and
tired of the stuff that continually comes at us from Washington
D.C."
1:13:55 PM
STEVE CATALANO said he is in full support of HJR 17, and
expressed a desire that Congress be reminded that he is not
alone in the idea that he should have the right to keep and bear
arms and that that right should not be infringed upon.
1:16:06 PM
REPRESENTATIVE COGHILL made a motion to adopt Amendment 1,
labeled 26-LS0555\A.1, Luckhaupt, 2/16/09, which read:
Page 1, following line 5:
Insert new material to read:
"WHEREAS art. I, sec. 19, Constitution of the
State of Alaska, provides that the right of the people
to keep and bear arms shall not be infringed and
further states that the individual right to keep and
bear arms shall not be denied or infringed; and"
CHAIR RAMRAS objected for the purpose of discussion.
REPRESENTATIVE COGHILL, noting that the Alaska State
Constitution additionally protects the individual right to keep
and bear arms, said he thinks it's important to add that point
to the message being sent to Congress via HJR 17.
CHAIR RAMRAS withdrew his objection, and, noting that there were
no further objections, announced that Amendment 1 was adopted.
1:18:09 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2, to
delete the language on page 2, lines 3-5, which read:
WHEREAS H.R. 45 directs the attorney general to
establish and maintain a firearm injury information
clearinghouse, to conduct studies of firearm-related
deaths and injuries, and to collect and maintain
production and sales data from licensed firearm
manufactures; and
REPRESENTATIVE COGHILL objected.
REPRESENTATIVE GRUENBERG indicated that the inclusion of that
clause in HJR 17 essentially disapproves of Title V of H.R. 45;
Title V read:
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
SEC. 501. DUTIES OF THE ATTORNEY GENERAL.
(a) In General- The Attorney General shall--
(1) establish and maintain a firearm injury
information clearinghouse to collect, investigate,
analyze, and disseminate data and information relating
to the causes and prevention of death and injury
associated with firearms;
(2) conduct continuing studies and investigations
of firearm-related deaths and injuries; and
(3) collect and maintain current production and
sales figures for each licensed manufacturer.
(b) Availability of Information- Periodically, but not
less frequently than annually, the Attorney General
shall report to the Congress and make available to the
public a report on the activities of the Attorney
General under subsection (a).
REPRESENTATIVE GRUENBERG offered his understanding that this
provision of H.R. 45 would allow the U.S. Consumer Product
Safety Commission (CPSC) to maintain a database in order to
ensure that firearms are manufactured safely and thereby
hopefully prevent injuries and deaths. He said that although he
supports gun rights, owns several guns himself, and is a former
navy gunnery officer, he knows that firearms - like any other
complex and potentially dangerous machine - can cause death or
injury. The more information society has, he opined, the safer
its citizens can be. With regard to Sec. 510(a)(3) of H.R. 45's
Title V, he said that it relates to H.R. 45's Title VII, which
read:
TITLE VII--RELATIONSHIP TO OTHER LAW
SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.
In the event of any conflict between any
provision of this Act or an amendment made by this
Act, and any provision of the Arms Export Control Act
(22 U.S.C. 2751), the provision of the Arms Export
Control Act shall control.
REPRESENTATIVE GRUENBERG indicated that that Act requires that
the aggregate value of defense articles and defense services
sold in any fiscal year should not exceed current levels. This
information may be very helpful in the enforcement of national
security, and it is important to know whether American
manufactures are exporting weapons to governments and groups
that would use the weapons against the United States and in
violation of national security. Therefore, he said, he doesn't
wish to highlight disapproval of [Titles V and VII as the
provision that Amendment 2 would delete proposes to do]. He
asked that Amendment 2 be adopted.
1:24:31 PM
REPRESENTATIVE HARRIS said he doesn't support Amendment 2
because HJR 17 currently deals with all aspects of H.R. 45,
which he opposes in its entirety, and opined that the
aforementioned Title V will cause government to expand and be
more intrusive.
REPRESENTATIVE COGHILL expressed opposition to Amendment 2
because [Title IV of] H.R. 45 would allow the attorney general
to issue an order prohibiting the sale or transfer of firearms
found to be in violation of the Act, and because Title V could
add another layer of bureaucracy.
REPRESENTATIVE GRUENBERG said he supports HJR 17 and thinks that
Alaska's congressional delegation should vote against H.R. 45 -
including voting against Titles V and VII - but is simply
opposed to highlighting Title V as another reason to oppose H.R.
45, particularly given that there are so many other reasons
listed; maintaining the language that Amendment 2 proposes to
delete is not necessary in order to support the
conclusions/resolves in HJR 17.
A roll call vote was taken. Representatives Gruenberg and
Holmes voted in favor of Amendment 2. Representatives Coghill,
Gatto, Lynn, and Ramras voted against it. Therefore,
Amendment 2 failed by a vote of 2-4.
1:30:35 PM
REPRESENTATIVE GRUENBERG moved to report HJR 17, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes.
REPRESENTATIVE GRUENBERG, in response to a comment, withdrew his
motion.
REPRESENTATIVE HOLMES, characterizing H.R. 45 as out of step
with Alaska values, offered her understanding that H.R. 45 was
written by a congressman from the inner-city of Chicago, someone
who isn't familiar with Alaska culture; for example, H.R. 45
includes licensing requirements such that the owner of a firearm
must certify that he/she won't allow a person under the age of
18 to possess the firearm, and although this might make sense
for the inner-city of Chicago, it doesn't make sense for Alaska
wherein youngsters are encouraged to become knowledgeable about
hunting and firearm safety. In conclusion, she said she is in
support of HJR 17.
1:32:37 PM
REPRESENTATIVE GRUENBERG again moved to report HJR 17, as
amended, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection,
CSHJR 17(JUD) was reported from the House Judiciary Standing
Committee.
1:33:00 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:33 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HJR17 Sponsor Statement.pdf |
HJUD 2/16/2009 1:00:00 PM |
|
| Amend 1.pdf |
HJUD 2/16/2009 1:00:00 PM |
|
| HJR17 version A.pdf |
HJUD 2/16/2009 1:00:00 PM |
|
| HR45 and Summary.pdf |
HJUD 2/16/2009 1:00:00 PM |