Legislature(1999 - 2000)
02/10/1999 01:35 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
February 10, 1999
1:35 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator Dave Donley
Senator John Torgerson
Senator Johnny Ellis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 6
Urging the President of the United States and the Congress to act
to ensure that federal agencies do not retain records relating to
lawful purchase or ownership of firearms gathered through the Brady
Handgun Bill instant check system.
-HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SJR 6 - No previous action to report.
WITNESS REGISTER
Mr. Roger McKowan
Staff to Senator Lyman Hoffman
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SJR 6
Mr. Roy Hoyt
Box 2121
Homer, AK 99603
POSITION STATEMENT: Supported SJR 6
Mr. John Zabielski
Box 453
Tok, AK 99780
POSITION STATEMENT: Supported SJR 6
Mr. Harvey Harris
Box 661
Glenallen, AK 99588
POSITION STATEMENT: Supported SJR 6
Mr. Austin Mahalkey
Box 455
Glenallen, AK 99588
POSITION STATEMENT: Supported SJR 6
ACTION NARRATIVE
TAPE 99-9, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:35 p.m. and announced SJR 6 was the first and only order
of business.
SJR 6-DESTROY BRADY BILL RECORDS
MR. ROGER MCKOWAN, staff to Senator Lyman Hoffman, stated that
under the Brady Bill, the United States Code specifies that records
relating to a clean insta-check are not to be retained. However,
the Brady Bill regulations say "in cases of allowed transfer, all
information will be destroyed after not more than six months."
Senator Hoffman feels this regulation is not in the spirit of the
Brady Bill. SJR 6 would send a message to the President and
Congress that Brady Bill records should be destroyed. MR. MCKOWAN
said the National Rifle Association (NRA) has "adopted pretty much
the same thinking, I think."
CHAIRMAN TAYLOR asked what the exact position of the NRA is on
insta-check. He said he thought the NRA had supported insta-check;
MR. MCKOWAN was not certain of their position.
CHAIRMAN TAYLOR said he had opposed insta-check out of fear that
once records existed, they would not be detroyed or removed from
the federal computer.
Number 099
SENATOR HALFORD believed the NRA did not support insta-check,
except as a last-ditch compromise to avoid a waiting period.
SENATOR HALFORD said it seems the message of SJR 6 should be to
repeal the whole (Brady) Bill. MR. MCKOWAN replied Senator Hoffman
had been approached with a concern about records and that was what
he was attempting to address. SENATOR HALFORD responded by saying
he could not support anything that "implies, in any way,
acquiescence to any part of the Brady Bill." In order to support
this resolution, he would have to offer an amendment to encourage
repeal of the bill. MR. MCKOWAN said he believes Senator Hoffman
wants to limit the scope of SJR 6.
SENATOR ELLIS observed that the media had portrayed the NRA as
being in favor of insta-check. Accurate or not, he suggested the
committee should find out what the NRA position actually is.
CHAIRMAN TAYLOR agreed. He would like the NRA position on insta-
check and the current regulations to be on the record.
Number 162
MR. ROY HOYT testified from Homer in favor of the resolution. MR.
HOYT holds a federal firearms license and believes the retention of
Brady Bill records "is a one-way ticket to total gun registration
and control." He supports repeal of the Brady bill.
MR. JOHN ZABIELSKI, who also holds a federal firearms license,
agreed the Brady Bill should be repealed. CHAIRMAN TAYLOR asked MR.
ZABIELSKI what impact the Brady Bill has had on his businesses. MR.
ZABIELSKI replied he has to call in for any sale and "it's been a
real hassle." He suggested the State should take over the insta-
check procedure. MR. HOYT agreed with MR. ZABIELSKI.
Number 219
SENATOR HALFORD moved his amendment. The text of the amendment
read:
Page 2, line 6, following "arms;":
Insert "and
WHEREAS H.R. 1025 violates the provisions
guaranteeing the right to keep and bear arms
provided in both the Alaska and the United States
Constitutions, and it violates the Tenth Amendment
of the United States Constitution;"
Page 2, line 12, following "firearms":
Insert"; and be it
FURTHER RESOLVED that the Alaska State Legislature
respectfully requests that Congress repeal H.R.
1025; and be it
FURTHER RESOLVED that the Alaska State Legislature
respectfully requests that Governor Knowles direct
the Attorney General to pursue a vigorous legal
challenge of H.R. 1025"
Page 2, line 16, following "Representatives;":
Insert "the Honorable Tony Knowles, Governor of the
State of Alaska; the Honorable Bruce Bothelo,
Attorney General of the State of Alaska;"
SENATOR HALFORD explained the amendment adds to SJR 6 sections
disputing the constitutionality of the Brady Bill, requesting
Congress to repeal the Brady Bill and asking Governor Knowles and
the Attorney General to pursue legal challenges to the Brady Bill.
SENATOR ELLIS objected to the motion on the basis that the
committee should first get the position of the bill sponsor.
SENATOR HALFORD replied that the committee asked, but did not get
an answer from the sponsor's staff on this issue and passing the
resolution as it is now would be objectionable.
Number 250
SENATOR DONLEY agreed with SENATOR HALFORD and also objected to the
misuse of data collected under the Brady Bill. He said there have
been no prosecutions of illegal gun buyers under the bill by the
"heinously anti-gun" Clinton Administration.
SENATOR ELLIS asked CHAIRMAN TAYLOR if he would hold the bill and
the amendment. CHAIRMAN TAYLOR deferred to SENATOR HALFORD who
agreed to hold the amendment and check with the NRA and the sponsor
in the meantime.
CHAIRMAN TAYLOR agreed to hold SJR 6 and the amendment and bring it
up Wednesday the 17th of February.
MR. HARVEY HARRIS, from Glenallen, testified in support of SJR 6
and the proposed amendment.
MR. AUSTIN MAHALKEY also testified from Glenallen and informed the
committee that the NRA has filed a federal suit against Brady Bill
record keeping. He suggested the Legislature join that suit.
CHAIRMAN TAYLOR said he was glad to hear a suit had been filed.
However, according to a court ruling, only the Governor has
standing to join a suit on behalf of the state. CHAIRMAN TAYLOR
indicated that is why SJR 6 contains language urging the Governor
to "pursue a vigorous legal challenge" to the Brady Bill. SENATOR
HALFORD commented that could include the Legislature filing an
"amicus." CHAIRMAN TAYLOR agreed.
With no further business to come before the Judiciary committee,
CHAIRMAN TAYLOR adjourned the meeting at 2:02 p.m.
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