Enrolled SJR 5: 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.
00Enrolled SJR 5 01 Urging the President of the United States and the Congress to act to ensure that federal 02 agencies do not retain records relating to lawful purchase or ownership of firearms gathered 03 through the Brady Handgun Bill instant check system. 04 _______________ 05 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 WHEREAS the Second Amendment to the Constitution of the United States protects 07 the right of all citizens to keep and bear arms; and 08 WHEREAS art. I, sec. 19, Constitution of the State of Alaska, clarifies that the right 09 to keep and bear arms is an individual right in Alaska; and 10 WHEREAS the intent of H.R. 1025, known as the Brady Handgun Bill, when passed 11 by the Congress was to create an instant criminal background check system that kept records 12 only on individuals who are prohibited from lawfully owning firearms; and 13 WHEREAS the Brady Handgun Bill specifically states that, when a call to the instant 14 check system reveals that a person may lawfully own firearms, "the system shall . . . destroy 15 all records of the system with respect to the call (other than the identifying number and the 16 date the number was assigned) and all records of the system relating to the person or the
01 transfer." (18 U.S.C. 922(t)(2)(C)); and 02 WHEREAS the Federal Bureau of Investigation (FBI) has indicated an intent to keep 03 records gathered through the Brady Handgun Bill instant check system regarding lawful 04 owners of firearms in its data banks for "audit purposes"; and 05 WHEREAS the actions of the FBI are contrary to both the letter and the spirit of the 06 Brady Handgun Bill and further erode the constitutional right of Alaskans to keep and bear 07 arms; 08 BE IT RESOLVED that the Alaska State Legislature respectfully urges the President 09 of the United States to ensure that federal agencies comply with the law prohibiting them 10 from maintaining information regarding lawful owners of firearms in violation of the Brady 11 Handgun Bill; and be it 12 FURTHER RESOLVED that the Alaska State Legislature respectfully urges the 13 Congress to make any necessary statutory changes to prevent federal agencies from 14 maintaining information regarding the lawful possession of firearms. 15 COPIES of this resolution shall be sent to the Honorable George W. Bush, President 16 of the United States; the Honorable Richard B. Cheney, Vice-President of the United States 17 and President of the U.S. Senate; Robert Mueller, Director of the Federal Bureau of 18 Investigation; the Honorable Bill Frist, Majority Leader of the U.S. Senate; the Honorable J. 19 Dennis Hastert, Speaker of the U.S. House of Representatives; and to the Honorable Ted 20 Stevens and the Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, 21 U.S. Representative, members of the Alaska delegation in Congress.