Legislature(1993 - 1994)
1994-03-02 Senate Journal
Full Journal pdf1994-03-02 Senate Journal Page 3032 SJR 39 SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state, was read the second time. Senator Taylor moved and asked unanimous consent that SENATE JOINT RESOLUTION NO. 39 be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 39 was read the third time. Senator Donley offered a Letter of Intent: Letter of Intent for Senate Joint Resolution No. 39 1. SJR 39 NOT APPLICABLE TO PRIVATE ACTION The legislature notes the consistency between the current language of art. I, sec. 19 of the state constitution and the Second Amendment of the Constitution of the United States. Because of the similarity of language, the legislature is of the view that the interpretation adopted by the United States in Cruikshank v.United States, 92 U.S. 542, 23 L.Ed. 588 (1876), holding that the Second Amendment to the Constitution of the United States does not apply to regulate or interfere with private conduct, is equally valid as to the provision of the state constitution as it currently reads. The proposed amendment of art. I, sec. 19 bars the state or a political subdivision of the state from acting to deny or infringe the right of an individual to keep and bear arms. It says nothing about conduct involving non- governmental parties. It is not intended to guide or interfere with private conduct. Therefore, the legislature is of the opinion that the 1994-03-02 Senate Journal Page 3033 SJR 39 amendment to art. I, sec. 19 proposed by SJR 39 does not apply, and may not be read to apply, to regulate or interfere with private conduct. 2. STANDARD FOR JUDICIAL REVIEW UNDER SJR 39 IS THE "LEGITIMATE AND COMPELLING GOVERNMENTAL INTEREST" TEST. The legislature also notes the consistency in the language of the proposed amendment to art. I, sec. 19 and comparable language defining the right of privacy set out in art. I, sec. 22 of the state constitution and protecting personal privacy against government infringement. Because of the similarity of language between the two provisions, the legislature is of the view that the interpretation and standard of review adopted by the Alaska Supreme Court to circumscribe or abridge those rights under certain circumstances will also apply to the right defined by art. I, sec. 19. The legislature believes that the applicable test should be the "legitimate and compelling governmental interest" test in the form applicable to interpretation of the right to privacy, art. I, sec. 22 of the state constitution. The test was first identified in Falcon v. Alaska Public Offices Commission, 570 P.2d 469, 476 (Alaska 1975), and more fully articulated and explained in Messerli v. State 626 P.2d 81, 86 (Alaska 1980). The test has worked well to protect the rights of Alaska's citizens in situations in which the asserted infringement involves a right that is not clearly defined by the courts as "fundamental." Therefore, the legislature is of the opinion that the standard of review contemplated by the amendment proposed to art. I, sec. 19 by SJR 39 be one that precludes abridgment or interference by governmental action unless the government meets its substantial burden of establishing that an abridgment or interference with the right may be justified only by a legitimate and compelling governmental interest. 3. SJR 39 DOES NOT PREVENT THE LEGISLATURE FROM LIMITING ACCESS AND POSSESSION OF ARMS BY CONVICTED FELONS AND THOSE CONVICTED OF CRIMES OF VIOLENCE. 1994-03-02 Senate Journal Page 3034 SJR 39 As in the majority of jurisdictions whose constitutions contain similar guarantees of an individual's right to keep and bear arms, the proposed amendment of art. I, sec. 19 does not preclude the appropriate exercise of the police power. The exercise of the police power must be in a manner that satisfies the requirements of the applicable test. To that end, the legislature finds that there is both a legitimate and a compelling governmental interest in the enactment and enforcement of legislation prohibiting the possession of and access to firearms by those who, by their past conduct, have demonstrated an unfitness to be entrusted with their possession. Such legislation is both reasonably related to the protection of the general public from those who would use firearms to commit serious crimes and is sufficiently narrowly drawn to isolate those persons who, on the basis of their previous convictions for a serious offense, evidence a lack of fitness to be entrusted with these dangerous weapons for any reason. Specifically the legislature finds a legitimate and a compelling governmental interest in the enactment and enforcement of legislation limiting access and possession of arms by convicted felons and those convicted of crimes of violence. Senator Donley moved that the Letter of Intent be adopted. SJR 39 A motion was pending for the adoption of the Letter of Intent on SENATE JOINT RESOLUTION NO. 39. Senator Rieger objected. Senator Duncan called the Senate, then lifted his call. 1994-03-02 Senate Journal Page 3035 SJR 39 The question being: Shall the Letter of Intent be adopted?" The roll was taken with the following result: SJR 39 Adopt Letter of Intent? YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Duncan, Frank, Halford, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Adams, Ellis, Lincoln, Rieger Absent: Jacko Kerttula changed from "Nay" to "Yea". and so, the Senate Letter of Intent was adopted. Senator Duncan moved that SENATE JOINT RESOLUTION NO. 39 be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Duncan moved and asked unanimous consent that his motion to return to second reading be withdrawn. Without objection, it was so ordered. The question being: "Shall SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state, pass the Senate?" The roll was taken with the following result: SJR 39 Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 1994-03-02 Senate Journal Page 3036 SJR 39 Yeas: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Ellis, Lincoln, Rieger and so, SENATE JOINT RESOLUTION NO. 39 passed the Senate with a Senate Letter of Intent. Senator Duncan gave notice of reconsideration.