Legislature(1999 - 2000)

03/02/2000 01:39 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE JUDICIARY COMMITTEE                                                                                        
                    March 2, 2000                                                                                               
                      1:39 p.m.                                                                                                 
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Robin Taylor, Chairman                                                                                                  
Senator Rick Halford, Vice-Chairman                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Dave Donley                                                                                                             
Senator John Torgerson                                                                                                          
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
Department of Public Safety Overview on Concealed Handgun Permits                                                               
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
No previous action to report.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Mr. Del Smith, Deputy Commissioner                                                                                              
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, Alaska 99811-1200                                                                                                       
POSITION STATEMENT:      Testified on Concealed Handgun Permits &                                                               
                         Reciprocity.                                                                                           
                                                                                                                                
Lieutenant David Ray Hudson                                                                                                     
Division of Operations                                                                                                          
Alaska State Troopers                                                                                                           
5700 East Tudor Road                                                                                                            
Anchorage, Alaska 99507                                                                                                         
POSITION STATEMENT:      Testified on Concealed Handgun Permits &                                                               
                         Reciprocity.                                                                                           
                                                                                                                                
Mr. Brian Judy                                                                                                                  
National Rifle Association                                                                                                      
Alaska State Liaison                                                                                                            
555 Capitol Mall, Suite 455                                                                                                     
Sacramento, California 95814                                                                                                    
POSITION STATEMENT:      Testified on Concealed Handgun Permits &                                                               
                         Reciprocity.                                                                                           
                                                                                                                                
Mr. Joe Nava, Instructor                                                                                                        
National Fifle Association                                                                                                      
469 NRA Lane                                                                                                                    
Fairbanks, Alaska 99709                                                                                                         
POSITION STATEMENT:      Testified on Concealed Handgun Permits &                                                               
                         Reciprocity.                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-10, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                                                                 
order at 1:39 p.m. and announced the Committee is holding a special                                                             
hearing to do an overview with the Department of Public Safety on                                                               
the concealed weapon permit review of recipiocity.  Senator Halford                                                             
and Chairman Taylor were present for the work session.                                                                          
                                                                                                                                
DEPUTY COMMISSIONER DEL SMITH, Department of Public Safety (DPS),                                                               
introduced Lieutenant David Hudson of the Alaska State Troopers.                                                                
MR. SMITH stated that the first overview issue indicates that when                                                              
people are stopped for traffic violations and they are not carrying                                                             
a concealed handgun, they are being hassled for not disclosing to                                                               
the officer that they are a concealed handgu permit holder.  He is                                                              
not aware of this happening and is hoping it is not happening.  If                                                              
a person is not carrying a weapon they do not have to reveal that                                                               
they have a weapon.  The law is clear on when a person has to                                                                   
reveal they have a license.                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR asked if permit information comes up on a screen in                                                             
the trooper cars so the officer will be alerted when they have                                                                  
stopped someone for a violation.                                                                                                
                                                                                                                                
DEPUTY COMMISSIONER SMITH replied that there are not any screens in                                                             
the trooper cars but dispatch can tell the trooper if the person he                                                             
has stopped is a concealed weapons carrier.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR asked if the first question the officer is likely                                                               
to ask is "are you carrying or not."                                                                                            
                                                                                                                                
DEPUTY COMMISSIONER SMITH answered that if the officer asked that                                                               
question first he would not be in a position to charge the person                                                               
with failure to reveal this information.                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR asked if there have been any problems since the law                                                             
was enacted.                                                                                                                    
                                                                                                                                
DEPUTY COMMISSIONER SMITH revealed there has only been one incident                                                             
since the program was enacted.  There have been people who have                                                                 
been revoked for various reasons, but it did not involve the use of                                                             
a concealed weapon.                                                                                                             
                                                                                                                                
Number 76                                                                                                                       
                                                                                                                                
SENATOR HALFORD asked if a peace officer who has a DV conviction                                                                
can carry a weapon.                                                                                                             
                                                                                                                                
DEPUTY COMMISSIONER SMITH answered that the right to carry a weapon                                                             
would be suspended under federal law.                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR stated he would like to know how many Alaska peace                                                              
officers have been told they cannot carry their weapons because of                                                              
a DV order that is now required by federal law.                                                                                 
                                                                                                                                
DEPUTY COMMISSIONER SMITH spoke to the second overview issue of                                                                 
fingerprints.  DPS has come to the conclusion that there is no way                                                              
they can get around collecting a thumb print because the statute                                                                
required it but in the future DPS would entertain some change in                                                                
this.  Thunbprints are being collected now as quick as possible so                                                              
the renewal process is not slowed down but this is proving                                                                      
problematic.                                                                                                                    
                                                                                                                                
Concealed carry permit holders are required by statute to renew                                                                 
their permit every five years.  Legislators have been receiving                                                                 
numerous complaints that the renewal process is taking much longer                                                              
than the time frame provided in statute--this is correct, DPS is                                                                
behind.  The department is working overtime trying to keep up                                                                   
because they do not want people to have an expired permit.                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked if a notice could not just be sent out                                                                    
notifying people their permit comes due at a certain time and they                                                              
can apply beginning on such and such a date.                                                                                    
                                                                                                                                
DEPUTY COMMISSIONER SMITH responded that if he could find a cheap                                                               
way to do this he would.  It may have to be considered in the                                                                   
future to avoid the overtime costs.                                                                                             
                                                                                                                                
DEPUTY COMMISSIONER SMITH noted that in 1998, DPS and the state of                                                              
Alaska recognized seventeen state permits from the lower 48.                                                                    
                                                                                                                                
                                                                                                                                

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