Legislature(1993 - 1994)

10/30/1993 01:30 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE STATE AFFAIRS COMMITTEE                                 
                          Wasilla, Ak.                                         
                       October 30, 1993                                        
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Loren Leman, Chair                                                    
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Mike Miller, Vice Chair                                               
 Senator Robin Taylor                                                          
 Senator Jim Duncan                                                            
 Senator Johnny Ellis                                                          
                                                                               
 OTHER MEMBERS PRESENT                                                         
                                                                               
  Representative Pat Carney                                                    
 Representative Ron Larson                                                     
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 SENATE JOINT RESOLUTION NO. 1                                                 
 Proposing amendments to the Constitution of the State of Alaska               
 relating to the individual right to keep and bear arms.                       
                                                                               
 SENATE JOINT RESOLUTION NO. 34                                                
 Proposing an amendment to the Constitution of the State of Alaska             
 relating to the individual right to keep and bear arms.                       
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SJR 1 - See State Affairs minutes dated 9/17/93 and 10/23/93.                 
                                                                               
 SJR 34 - See State Affairs minutes dated 9/17/93 and 10/23/93.                
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Mark Chryson                                                                  
 2140 Wolverine Circle                                                         
 Wasilla, Alaska 99654                                                         
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Paul Barelka                                                                  
 553 Robin Circle                                                              
 Wasilla, Alaska 99654                                                         
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 Scotty Parkes                                                                 
 P.O. Box 975566                                                               
 Wasilla, Ak. 99687                                                            
  POSITION STATEMENT:   Supported the right to bear arms.                      
 Mark Gordon                                                                   
 HC01 6131 AB                                                                  
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Ed Allen                                                                      
 2753 Porcupine                                                                
 Wasilla, Ak. 99645                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Herbert Thompson                                                              
 P.O. Box 1                                                                    
 Talkeetna, Ak. 99676                                                          
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Charles Marsh                                                                 
 P.O. Box 2750                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported both resolutions, but preferred SJR     R    
 34.                                                                           
                                                                               
 Walt Warner                                                                   
 P.O. Box 520028                                                               
 Big Lake, Ak.                                                                 
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
                                                                               
 Alexander Clark                                                               
 3900 Misty                                                                    
 P.O. Box 4022                                                                 
 Palmer, Ak. 49645                                                             
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Kenneth Smith                                                                 
 P.O. Box 3574                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 Sam Rick                                                                      
 P.O. Box 877522                                                               
 Wasilla, Ak.                                                                  
  POSITION STATEMENT:   Supported the right to keep and bear arms.             
                                                                               
 Glenn C. Marden                                                               
 P. O. Box 3552                                                                
 Palmer, Ak.                                                                   
  POSITION STATEMENT:   Supported the right to bear arms, but not the     e    
 legislation.                                                                  
                                                                               
 Michael Carpenter                                                             
 335 Boniface                                                                  
 Anchorage, Ak.                                                                
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 Margaret Betts                                                                
 P.O. Box 871012                                                               
 Wasilla, Ak.                                                                  
  POSITION STATEMENT:   Supported the right to bear arms and both              
 pieces of legislation.                                                        
                                                                               
 Mark Miller                                                                   
 HC01                                                                          
 P.O. Box 693611                                                               
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear all kinds of firms    ms   
 arms.                                                                         
                                                                               
 Mike Chryst                                                                   
 P.O. Box 872488                                                               
 Wasilla, Ak. 99687                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Leo A. Brueggeman                                                             
 P.O. Box 520684                                                               
 Big Lake, Ak. 99652                                                           
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Sylvia Nichols                                                                
 P.O. Box 4100                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 Kevin Robinson                                                                
 P.O. Box 2711                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms and clearer           
 language.                                                                     
                                                                               
 David McGraw                                                                  
 1500 Catalina Dr.                                                             
 Wasilla, Ak. 99687                                                            
  POSITION STATEMENT:   Supported the right to keep and bear arms.             
                                                                               
 David McGraw II                                                               
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Marvin Cook                                                                   
 P.O. Box 9                                                                    
 Talkeetna, Ak. 99676                                                          
  POSITION STATEMENT:                                                          
                                                                               
 Michael Jordan                                                                
 P.O. Box 84                                                                   
 Willow, Ak. 99688                                                             
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Gary McCrorey                                                                 
 HC33 Box 2900                                                                 
 Wasilla, Ak. 99654                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Richard Roberts                                                               
 P.O. Box 1430                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 L.J. Zweifel                                                                  
 P.O. Box 1936                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms and SJR 34            
 and SJR 1.                                                                    
                                                                               
 Herb Marshall                                                                 
 P.O. Box 873745                                                               
 Wasilla, Ak. 99687                                                            
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 David Norton                                                                  
 P.O. Box 2742                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 David L. Lazer                                                                
 HC01, Box 6877                                                                
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms, but to put           
 it in clear language.                                                         
                                                                               
 Noel Woods                                                                    
 Matanuska Valley Sportsmen                                                    
 P.O. Box 827                                                                  
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 Steve Lord                                                                    
 P.O. Box 670271                                                               
 Chugiak, Ak. 99567                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Michael P. Favors                                                             
 P.O. Box 2757                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 R. W. Sanderline                                                              
 Wasilla, Ak. 99654                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Robert Kohler                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Rick Bryant                                                                   
 2275 Gordon                                                                   
 Wasilla, Ak. 99687                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Randall C. Scherer                                                            
 P.O. Box 870862                                                               
 Wasilla, Ak. 99687                                                            
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 William Wood                                                                  
 P.O. Box 3622                                                                 
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 Alec C. Clark                                                                 
 P.O. Box 4022                                                                 
 Palmer, Ak. 99657                                                             
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Monty Cassidy                                                                 
 P.O. Box 521457                                                               
 Big Lake, Ak. 99652                                                           
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Robert E. Lilly                                                               
 P.O. Box 520396                                                               
 Big Lake, Ak. 99657                                                           
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 Jean Woods                                                                    
 P.O. Box 827                                                                  
 Palmer, Ak. 99645                                                             
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 Laura Lahrson                                                                 
 P.O. Box 873411                                                               
 Wasilla, Ak. 99654                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 David Mitchell                                                                
 P.O. Box 871388                                                               
 Wasilla, Ak. 99687                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Edward Barno                                                                  
 2055 Gordon Circle                                                            
 Wasilla, Ak. 99654                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Ron Arnold, President                                                         
 Alaska Outdoor Council                                                        
 2932 C Street, # B                                                            
 Anchorage, Ak. 99503                                                          
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Bob Gabel                                                                     
 HC 32, Box 5247 A-8                                                           
 Wasilla, Ak. 99654                                                            
  POSITION STATEMENT:   Supported the right to bear arms.                      
                                                                               
 John Ward                                                                     
 2450 Wards Rd.                                                                
 Wasilla, Ak. 99654                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Mr. Morgan                                                                    
 Eagle River, Alaska                                                           
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
 Jim Thompson                                                                  
 P.O. Box 876417                                                               
 Wasilla, Ak. 99654                                                            
  POSITION STATEMENT:   Supported SJR 34.                                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-36, SIDE A                                                           
 Number 027                                                                    
                                                                               
 CHAIRMAN LEMAN called the Senate State Affairs meeting to order and           
 announced  SJR  1  (RIGHT TO KEEP AND BEAR ARMS) and  SJR 34  (RIGHT T   T T  
 KEEP AND BEAR ARMS) to be up for consideration.  He asked Portia              
 Babcock, Aide to the Senate State Affairs Committee, to give an               
 overview on the differences between SJR 1 and SJR 34.                         
                                                                               
 Number 032                                                                    
                                                                               
 PORTIA BABCOCK explained the second section of SJR 1 includes a               
 clause that has unclear language relating to other rights to bear             
 arms laws and ordinances and said there is a question whether they            
 would be protected in the constitution if this resolution passes.             
                                                                               
 There is another question about the effective date when the laws              
 would be protected in the constitution.                                       
                                                                               
 SJR 34 was introduced to exclude the section 2 language, because it           
 was so unclear.                                                               
 REPRESENTATIVE RON LARSON explained the process for passing                   
 legislation to the audience.                                                  
                                                                               
 REPRESENTATIVE PAT CARNEY commented that this was a large audience            
 and this is how many people would always be at legislative hearings           
 if the capitol was in Wasilla.                                                
                                                                               
 MARK CHRYSON, Gun Owners of American and Alaska Independence Party,           
 supported the individual right to keep and bear arms.  He supported           
 SJR 34 because the language is much stronger.                                 
                                                                               
 PAUL BARELKA, Alaska Independence Party, commented that the Borough           
 form of government is illegal, because it doesn't give them                   
 representation.  They would like to have elected law enforcement              
 officials to organize a militia to enforce the rights of Americans            
 as written in the Constitution.  He didn't have a preference for              
 either resolution.                                                            
                                                                               
 SCOTTY PARKES supported the right to bear arms.                               
                                                                               
 MARK GORDON strongly supported the constitutional right of citizens           
 to keep and bear arms.  He supported SJR 34.  He also supported               
 permitting concealed carry and thought those who commit crimes with           
 fire arms should be unmercifully and aggressively prosecuted.                 
                                                                               
 ED ALLEN said that disarming the citizenry is not a good way to               
 deal with misuse of arms.  Guns are our last line of defense, he              
 said and supported SJR 34.                                                    
                                                                               
 HERBERT THOMPSON, Talkeetna resident, supported the right to bear             
 arms.                                                                         
                                                                               
 Number 300                                                                    
                                                                               
 CHARLES MARSH asked for a brief explanation of the differences in             
 the versions.                                                                 
                                                                               
 SENATOR LEMAN announced that he would accept written testimony as             
 well as oral testimony.                                                       
                                                                               
 MR. MARSH commented that the language "keep and bear arms" was not            
 strong enough.  He suggested stating "the individual's rights to              
 legally own fire arms shall not be denied."                                   
                                                                               
 MS. BABCOCK again explained the differences between SJR 1 and SJR
 34.                                                                           
                                                                               
 WALT WARNER, Willow, supported SJR 34.  He asked what the                     
 legislature is doing about the assumption that when a fire arms               
 accident happens at home, it gives the authorities the right to go            
 in and seize every weapon in the house.                                       
                                                                               
 ALEXANDER CLARK, Wasilla resident, supported his testimony.                   
                                                                               
 SENATOR LEMAN said they would get an answer regarding what the law            
 enforcement agencies are doing.                                               
                                                                               
 KENNETH SMITH said he wanted to see very clear language on the                
 right to bear arms, because we might need guns to protect ourselves           
 from Washington someday.  He said, "If legislation and the law is             
 not legal, then to resist that law is not illegal."                           
                                                                               
  TAPE 93-36, SIDE B                                                           
                                                                               
  SAM RICKS, Point McKenzie resident, said his grandparents fought in     n    
 the American revolution for just this purpose - for the right to              
 keep and bear arms.  He said he was a retired law enforcement                 
 officer and can't remember anyone ever going into someone's house             
 and taking their fire arms without just cause.                                
                                                                               
 GLENN MARDEN said his neighborhood has a reputation for shooting              
 back and not dialling 911 and they don't have a crime problem.  He            
 said he would shy away from grandfathering in things that would be            
 unconstitutional.  The U.S. Supreme Court has never ruled in favor            
 of the constitutional right to keep and bear arms to be a                     
 collective right.  In seeking something else, they are admitting              
 that the right to bear arms is a collective right and not an                  
 individual right.                                                             
                                                                               
 MICHAEL CARPENTER asked Senator Leman what were the chances of this           
 legislation passing.  SENATOR LEMAN said getting it through House             
 Judiciary might be difficult.                                                 
                                                                               
 MARGARET BETTS supported the right to bear arms.                              
                                                                               
 MARK MILLER supported the right to bear all kinds of fire arms.               
                                                                               
 MIKE CHRYST, Standing Against Government Excess (SAGE), supported             
 SJR 34.  Thomas Jefferson said, "The nice thing about the second              
 amendment is that you never need it until they try to take it."               
                                                                               
 LEO BRUEGGEMAN supported SJR 34.  He did not like the wording that            
 exists now.                                                                   
                                                                               
 SYLVIA NICHOLS supported the right to bear arms.                              
                                                                               
 Number 300                                                                    
                                                                               
 KEVIN ROBINSON supported law abiding citizens having the right to             
 keep and bear arms.  He thought the language should be a little               
 more to the point.                                                            
                                                                               
 DAVID MCGRAW supported the right to keep and bear arms.                       
                                                                               
 DAVID MCGRAW II supported SJR 34.                                             
                                                                               
 MARVIN COOK supported SJR 34.  He said the Constitution of the                
 United States is being infringed on a regular basis.  The right to            
 bear arms should over rule the state prohibition for concealed                
 carry.  The concept that criminals should have all the advantages             
 and lawful citizens have none is unbelievable.                                
                                                                               
 MICHAEL JORDAN supported SJR 34.                                              
                                                                               
 GARY MCCROREY supported any bill to keep and bear arms.  He wanted            
 to be able to protect himself and his family against criminals.               
                                                                               
 RICHARD ROBERTS said the West Virginia amendment should be added to           
 SJR 34.                                                                       
                                                                               
 L.J. ZWEIFEL said that law abiding citizens have the right to keep            
 and bear arms and protect themselves against those who chose to               
 break the law.  She supported any legislation that was for the                
 right to keep and bear arms.                                                  
                                                                               
 HERB MARSHALL commented that the Constitution says time after time            
 that it is an individual's right to bear arms, not just the army's            
 right.                                                                        
                                                                               
 SENATOR LEMAN said that the Committee is serious about this                   
 legislation and they are having the meeting because they believe in           
 it.                                                                           
                                                                               
 DAVID NORTON supported SJR 34, because it would not grandfather in            
 existing laws or laws that would be made during the interim.  He              
 said his right to bear arms comes from God, not the constitution.             
                                                                               
 DAVID LAZER supported the right to bear arms and emphasized that              
 the legislation, whatever the number, should have very clear                  
 language so that people understand what they are voting on.                   
                                                                               
 NOEL WOODS, Matanuska Valley Sportsmen, supported the right to keep           
 and bear fire arms.                                                           
                                                                               
  TAPE 93-37,   SIDE A                                                         
                                                                               
 STEVE LORD said this country was founded by people who believed in            
 God.  God has been systematically destroyed in schools.  He                   
 supported SJR 34 and said it supported the original Constitution of           
 the United States.                                                            
                                                                               
 MICHAEL FAVORS said we need to write our Congressmen, the                     
 President, etc. and let them know how we feel about the right to              
 bear arms.                                                                    
                                                                               
 R. W. SANDERLINE supported SJR 34.                                            
 ROBERT KOHLER supported SJR 34.                                               
                                                                               
 RICK BRYANT supported the right to bear arms legislation.  He                 
 supported SJR 34.                                                             
                                                                               
 RANDALL SCHERER supported the right to bear arms.                             
                                                                               
 WILLIAM WOOD said if we don't have the right to bear arms, other              
 countries will just come in and take over.                                    
                                                                               
 ALEC CLARK, law enforcement officer, researched the records of 150            
 murderers.  Out of those, only one individual purchased a fire arm            
 for the sole reason of committing a crime.  Everyone else used                
 something that was already there - a truck, a wood stove, etc.  The           
 availability of fire arms is not responsible for the rise in crime.           
 He supported SJR 34 and the West Virginia amendment.                          
                                                                               
 REPRESENTATIVE LARSON commented that he favored the legislation               
 regarding juveniles who commit felonies being tried as adults.  He            
 asked if they agreed.  He received a lot of agreement from the                
 audience.                                                                     
                                                                               
 MONTY CASSIDY supported SJR 34.  He also liked the wording in the             
 West Virginia amendment.                                                      
                                                                               
 ROBERT LILLY supported the right to bear arms.                                
                                                                               
 JEAN WOODS, National Rifle Association, explained that the second             
 amendment of the Constitution was written by the founding fathers             
 for a civilian army.  Because the militia has changed, we have a              
 standing army; but we still have the right to keep and bear arms as           
 citizens to protect ourselves from domestic and foreign disorder.             
                                                                               
 LAURA LAHRSON, naturalized American citizen, said the three most              
 important rights we have are the right to free speech, to vote, and           
 to keep and bear arms.  She supported SJR 34.                                 
                                                                               
 DAVID MITCHELL supported SJR 34 and the West Virginia amendment.              
                                                                               
 EDWARD BARNO supported SJR 34, but favored the language of the West           
 Virginia Constitution.                                                        
                                                                               
 ROD ARNOLD, President, Alaska Outdoor Council, supported SJR 34.              
 He said it was important to have clear wording.                               
                                                                               
 BOB GABEL supported the right to bear arms.                                   
                                                                               
 JOHN WARD supported the right to keep and bear arms.  He pointed              
 out that the whole Borough they are in is as big as West Virginia             
 and they have only 2 police officers.  He supported having a                  
 concealed carry permit program.                                               
                                                                               
 MR. MORGAN, Eagle River resident, supported SJR 34.                           
                                                                               
 JIM THOMPSON said he was involved with the student exchange program           
 and has a student from Czechoslovakia.  This student said it was              
 illegal to carry weapons of any sort there.  People who hold office           
 there cannot be overthrown because of their money and the time they           
 have been in office.  He supported SJR 34 and the West Virginia               
 amendment.                                                                    
                                                                               
 REPRESENTATIVE PAT CARNEY said he appreciated the crowd.                      
                                                                               
 SENATOR LEMAN thanked everyone for their participation and                    
 adjourned the meeting.                                                        
                                                                               

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