HB 69-EXEMPT FIREARMS FROM FEDERAL REGULATION  2:16:29 PM CHAIR COGHILL reconvened the meeting and announced the consideration of HB 69. [SCS CSHB 69, version R, was before the committee.] 2:16:41 PM SENATOR DYSON moved to adopt Senate CS for HB 69, labeled 28- LS0290\I, as the working document. CHAIR COGHILL found no objection and version I was before the committee. He asked Mr. Shilling to speak to the changes. 2:17:06 PM JORDAN SHILLING, Staff, Senator John Coghill, explained that the title was changed to conform to changes made later in the bill. The first substantial change occurs on page 4, line 28. The phrase "violates the Second Amendment to the Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska" was inserted to clarify that any future law that is unconstitutional and unenforceable is unenforceable because it violates the Second Amendment. On page 5, line 4, the word "may" was changed to "shall" and the provision that allowed the attorney general to use all state resources necessary was removed. He explained that the intent was to ensure that resources like the permanent fund would not be at the attorney general's disposal to file lawsuits. SENATOR COGHILL relayed that DOL's expectation was that it already was directive, and the attorney general [would file legal action to prevent implementation of law that violates the rights of Alaskans.] He asked the members to consider a suggestion to insert the word "illegally" on page 3, lines 7 and 9, at the beginning of paragraphs (A) and (B). He acknowledged that version I was somewhat different than the version that passed the House. The current draft removes some nullification issues, but the most significant change was to remove the provision that says the state would arrest and charge a federal official with a felony. He said he didn't know how that would work in practice and was concerned that the backlash could move the state backward rather than forward. 2:21:30 PM SENATOR WIELECHOWSKI asked if there was a legal opinion on the constitutionality of the bill that passed the House, and whether or not the state could arrest a federal official as it provided. CHAIR COGHILL offered his understanding that there were four legal opinions and they were in the packets. He suggested members peruse the opinions before the meeting on Monday, because his intention was to take action on the bill that day. He opened public testimony. 2:23:04 PM MIKE COONS, representing himself, Palmer, Alaska, said he supports the additions to HB 69 that ensure that no agency may assist a federal official who is trying to enforce laws that violate Second Amendment rights. Those sections are strong and protect all Alaskans. He also stated support for the directive language regarding the attorney general using all powers to defend Alaskans, but continues to disagree with the attorney general opinion that provisions in the original bill were unenforceable and unconstitutional. He questioned the concern of the commissioner of public safety about enforcement in light of Lieutenant Dial's testimony that the department reviewed the CS and doesn't see any problems if the legislation were to pass. MR. COONS expressed concern about the almost daily attacks on citizens' liberties by President Obama. He cited examples and stated that he reluctantly supports version I. CHAIR COGHILL said the discussion will continue on Monday. 2:27:58 PM THOM BUZARD, Commander, Alaska Citizen's Militia, Juneau, Alaska, stated that when he served in the armed forces he took an oath to protect and defend the country, its laws, and the constitution, and because of recent events he was concerned that the citizenry may be preparing for a domestic war against the federal government. He emphasized that many Americans are so concerned that they have purchased all available firearms and ammunition from store shelves across the country. He cited examples worldwide of governments establishing gun control and the consequences to the citizenry. MR. BUZARD said there are also examples in the U.S. of gun confiscation and government troops killing Americans. These include the massacre at Wounded Knee in 1890, the shelling of the village of Angoon 125 years ago, and the Katrina disaster when the police chief ordered officers to confiscate firearms from citizens' homes. He expressed concern that the federal government was poised to execute a power grab like none other, and for that reason he would like the felony language reinserted in the bill. 2:37:00 PM CHAIR COGHILL highlighted that the emergency confiscation that occurred during Katrina sparked legislation in Alaska that forbade that practice. MR. BUZARD said he believes that the current governor and legislature are pointed in the right direction. SENATOR DYSON relayed that he had heard that Homeland Security was buying large amounts of firearms and ammunition. He asked if there were credible sources for that sort of information. MR. BUZARD suggested he visit the websites wnd.com, breitbart.com, and drudgereport.com. 2:39:57 PM CHAIR COGHILL thanked Mr. Buzard for his service and assured him that the legislature takes the constitution seriously. When it comes to nullification the legislature will employ the best resources of the state to defend the citizens and their right, he said. MR. BUZARD offered his opinion that these matters should be handled in a legal and constitutional manner. CHAIR COGHILL agreed, and added that he believes that version I offers a better approach. 2:42:30 PM CHAIR COGHILL read AS 11.76.110(a)(1) and relayed his intention to look at the nexus between that law and the bill. He held HB 69 in committee.