HB 69-EXEMPT FIREARMS FROM FEDERAL REGULATION  2:13:00 PM CHAIR COGHILL announced the consideration of HB 69. He noted that version I was before the committee and that the areas of tension were subsection (a)(1) and (2) in Section 2 and subsection (g) in Section 6. He opened public testimony. 2:15:03 PM SEYMOUR MILLS, representing himself, Sterling, Alaska, stated absolute opposition to the watered down version of HB 69. If the Alaska State Troopers won't enforce it that is a good reason to have sheriffs. They would be elected by the people and would take an oath to uphold the law. He mentioned United States v. Lopez, a case involving the Gun-Free School Zones Act of 1990 and the Commerce Clause, and questioned the reference in the bill since the U.S. Supreme Court said that the Commerce Clause did not apply. He reiterated his opposition to the current version of the bill, and asked the state to stand between himself and the federal government. 2:18:09 PM LLOYD HILLING, representing himself, Fairbanks, Alaska, testified in support of HB 69. His view was that the federal government can take care of things in Washington, D. C. and Alaska was competent to decide how to deal with its issues, including firearms. He said the Second Amendment prohibits all entities from infringing on the peoples' right to own firearms; the Tenth Amendment makes it clear that the federal government should do only that which is directly implied in the constitution, and things such as the regulation of firearms is not found in there. Stating steadfast support for HB 69, he said it will send a message that Alaska is doing what it should do. 2:19:39 PM FRANK TURNEY, representing himself, Fairbanks, Alaska, expressed hope that HB 69 would protect Alaskan citizens from federal overlords, and stated support for directing the attorney general with the term "shall" as opposed to "may." He said it was a mistake that the Constitutional Convention didn't require the attorney general to be an elected position, because Alaska needs a strict constitutionalist to protect citizen rights. He requested the bill cover infringement of rights other than just the Second Amendment, and expressed satisfaction that it addressed the right to due process. He said he wasn't aware that under AS 11.76.110, interfering with the constitutional rights of Alaskan citizens is a misdemeanor. It should be a felony. He said he sees nothing in the bill regarding enforcement or penalties or accountability to federal overlords. He asked that the term "state nullification" be added and suggested that the bill needed more work. CHAIR COGHILL said he understood the consternation. 2:23:11 PM LYNETTE CLARK, representing herself, Fairbanks, Alaska, said she wanted HB 69 to pass, but the current CS lacked important references. She appreciates that the Real ID Act is mentioned, but the provisions from [Section 1, paragraphs (3), (4), and (5)] of SB 75 regarding the National Defense Authorization Act (NDAA) and the Authorization for Use of Military Force are missing. She said these are perilous times for this union of states and if Alaska doesn't respond with federal felony charges, the monster that is the federal government will come down around its throat. She urged the committee to include those provisions in the bill. CHAIR COGHILL said the point was well taken. 2:26:50 PM DAVID LEE, representing himself, Nikiski, Alaska, described the changes to the penalties in HB 69 as abhorrent. He said the fact that President Obama became chair of the United Nations Security Council, in direct violation of the constitution, and then had three U.S. citizens assassinated was a very good reason for nullification. He maintained that Alaska needs sheriffs to back the bill up, because the people are their boss. 2:28:20 PM MIKE COONS, representing himself, Lazy Mountain, Alaska, urged the committee to reinsert the felony provision in HB 69, and if it's challenged it could go to the U.S. Supreme Court. He claimed it would be a strong case if 12-14 other states have passed similar legislation. If the felony provision isn't reinserted, he suggested inserting a reference to AS 11.76.110, interference with constitutional rights. That is a misdemeanor now, but it could be increased to a felony next session, he said. 2:30:52 PM WAYNE OZOSKY, representing himself, Eagle River, Alaska, thanked the committee for protecting Alaska citizens from the tyrannical federal government. He said the President's executive orders pushing Congress to violate citizens' Second Amendment rights are in conflict with the constitution. He requested the committee include a reference to AS 11.76.110 [as it appears in SB 75] if the felony language isn't reinserted. He said nobody wants anarchy, but if federal agencies routinely disregard the constitution there will be a second "shot heard 'round the world." The statement that judges aren't always right also applies to people working in the Department of Law. Just because a lawyer says the felony provisions of HB 69 are unconstitutional, doesn't make it true. He reiterated support for the felony provisions and emphasized that it was constitutional for the state to protect its citizens. CHAIR COGHILL explained his reasoning for removing the felony language. He agrees that Alaskans should stand up for their right and the freedom guaranteed under the constitution, but taking a hard position may ultimately weaken the state's position. The intent is to provide the best defense for Alaskans. He said he'd like to get a sense of the committee with regard to the felony question. 2:35:59 PM SENATOR DYSON encouraged the chair and his staff to qualify the meaning of the phrase on page 2, line 4, "banning any firearm." CHAIR COGHILL said he would discuss that with his staff. Additional things for the committee to consider were the suggestion to insert the word "illegally" at the beginning of paragraphs (A) and (B) on page 3, lines 7 and 9; the language from the National Defense Authorization Act that was in the previous version R; and the language in subsection (g) on page 5 of version I as opposed to the wording in version P that passed the House. 2:40:58 PM SENATOR WIELECHOWSKI voiced support for moving the bill when the chair was ready. CHAIR COGHILL said he would review Senator Dyson's suggestion and take action on the bill on Wednesday. SENATOR DYSON asked for a short at ease. 2:42:04 PM At ease. 2:43:43 PM CHAIR COGHILL reconvened the meeting and relayed that the off the record discussion was about the attorney general and his powers. He noted that there would likely be two amendments offered at the next hearing. He closed public testimony and held HB 69 in committee.