Legislature(2013 - 2014)
2013-02-27 House Journal
Full Journal pdf2013-02-27 House Journal Page 0387 HJR 4 The following, which was advanced to third reading from the February 25, 2013, calendar (page 371), was read the third time: CS FOR HOUSE JOINT RESOLUTION NO. 4(JUD) Urging the President of the United States to rescind 23 executive orders, executive actions, and executive recommendations, related to regulation of firearms; and urging the United States Congress to refrain from passing legislation that restricts the right of individuals to keep and bear arms. Representative Gara moved and asked unanimous consent that CSHJR 4(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, CSHJR 4(JUD) would be returned to second reading for Amendment Nos. 1, 2, and 3. Amendment No. 1 was offered by Representative Gara: Page 1, line 1 (title amendment): Delete "rescind" Insert "take certain actions with respect to" 2013-02-27 House Journal Page 0388 Page 3, line 11, following "arms": Insert "; and be it FURTHER RESOLVED that the Alaska State Legislature supports existing criminal background checks to keep firearms away from violent criminals; and be it FURTHER RESOLVED thatthe Alaska State Legislature supports the following recommendations that have been issued to enforce current laws that protect against the sale of guns to violent criminals and that protect against criminal violence: (1) incentives should be provided for states to share information with the federal background check system to protect against the sale of firearms to violent criminals; (2) reviews of the categories of persons prohibited from possessing firearms should be conducted to ensure that firearms are not being sold to dangerous criminals; (3) regulations should be proposed to give law enforcement the ability to run full background checks on dangerous criminals before returning seized firearms so that the firearms are not returned to dangerous criminals; (4) the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice, should publish a letter to federally licensed firearm dealers providing guidance to private sellers for conducting background checks so that firearms are not sold to dangerous criminals; (5) agencies should maximize enforcement efforts to prevent firearm violence and prosecute firearm crime; and (6) efforts should be made to better treat mental health problems that lead to gun violence" Page 3, line 16, following "States;": Insert "the Honorable Kathleen Sebelius, United States Secretary of Health and Human Services; the Honorable Arne Duncan, United States Secretary of Education;" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Thompson objected. 2013-02-27 House Journal Page 0389 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHJR 4(JUD) Second Reading Amendment No. 1 YEAS: 9 NAYS: 26 EXCUSED: 3 ABSENT: 2 Yeas: Drummond, Gara, Holmes, Josephson, Kawasaki, Kreiss-Tomkins, Munoz, Tarr, Tuck Nays: Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker, Herron, Higgins, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Guttenberg, Kerttula, Olson Absent: Edgmon, Gruenberg And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Herron: Page 2, line 3: Delete "and" Page 2, line 4, following "Colorado": Insert ", and Bethel, Alaska" Representative Herron moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Josephson: Page 1, lines 1 - 4 (title amendment): Delete all material and insert: ""Urging the President of the United States to propose or sign gun legislation only if it is consistent with the United States Supreme Court's Heller decision and decisions of the Alaska appellate courts, and only after consideration of recommendations 2013-02-27 House Journal Page 0390 made by the states, and urging the United States Congress to refrain from passing legislation that restricts the right of individuals to keep and bear arms, except when otherwise consistent with the Heller decision."" Page 1, line 8, following "arms": Insert ", with limited exceptions" Page 1, lines 9 - 13: Delete all material and insert: "WHEREAS President Barack Obama has issued 23 executive actions and recommendations, intended to reduce gun-related violence, and many of those actions and recommendations concern mental health, gun training, prosecution of offenses constituting criminal conduct that is currently proscribed, and related subjects that are not considered infringements of Alaskans' constitutional rights to keep and bear arms; and WHEREAS, in District of Columbia v. Heller, 554 U.S. ___, 128 S.Ct. 2783 (2008), the United States Supreme Court struck down a District of Columbia ban on possession of handguns in the home as a violation of the Second Amendment to the Constitution of the United States; and WHEREAS, in the majority opinion in Heller, Justice Antonin Scalia noted that the rights secured by the Second Amendment are not unlimited, and that certain longstanding prohibitions on who may possess firearms, where firearms may be carried, how the commercial sale of firearms may be conducted, and what weapons can be possessed, remain in place, and that some measures regulating handguns may be undertaken; and" Page 1, line 15, through page 2, line 1: Delete "will restrict the ability of law-abiding people in the state to own firearms and firearm accessories" Insert "could be unconstitutional if not consistent with the decision in Heller" Page 2, line 8: Delete "will" Insert "may" 2013-02-27 House Journal Page 0391 Page 2, line 9: Delete "in a misguided attempt to curb gun-related crime" Insert "as its objective, although, as Americans, Alaskans will accept those provisions if considered constitutional and not violative of the federal or state constitutions;" Page 2, lines 10 - 27: Delete all material and insert: "WHEREAS Alaskans respect the discussion on a national solution to the problems evidenced by the Newtown massacre; and WHEREAS Alaskans have real concerns that, in an effort to ban categories of firearms or munitions, certain law-abiding people will see restrictions on their right to keep and bear arms, as interpreted in Heller; and" Page 2, line 28, following "and": Insert "generally" Page 2, line 31, through page 3, line 1: Delete "but one of the lowest rates of gun crimes in the nation" Page 3, line 4: Delete "simply" Page 3, line 5: Delete all material. Insert "an additional approach, along with any federal remedy for the criminal misuse and abuse of firearms privileges, would be consideration of recommendations made by members of the legislature to protect the health and safety of Alaskans;" Page 3, lines 7 - 8: Delete all material. Insert "and the United States Congress to enact only legislation consistent with rights under the Second Amendment to the Constitution of the United States and art. I, sec. 19, Constitution of the State of Alaska, as outlined by the judicial officers whose judicial review has expounded on those rights." 2013-02-27 House Journal Page 0392 Page 3, lines 9 - 11: Delete all material. Representative Josephson moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Millett objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHJR 4(JUD) am Second Reading Amendment No. 3 YEAS: 5 NAYS: 30 EXCUSED: 3 ABSENT: 2 Yeas: Drummond, Herron, Josephson, Tarr, Tuck Nays: Austerman, Chenault, Costello, Feige, Foster, Gattis, Gruenberg, Hawker, Higgins, Holmes, Hughes, Isaacson, Johnson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Guttenberg, Kerttula, Olson Absent: Edgmon, Gara And so, Amendment No. 3 was not adopted. CSHJR 4(JUD) am was automatically in third reading. **The presence of Representative Edgmon was noted. Representative Tarr moved and asked unanimous consent that CSHJR 4(JUD) am be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. The Speaker stated that, without objection, CSHJR 4(JUD) am would be returned to second reading for Amendment Nos. 4 and 5. 2013-02-27 House Journal Page 0393 Amendment No. 4 was offered by Representative Tarr: Page 3, line 11, following "arms": Insert "; and be it FURTHER RESOLVED that the Alaska State Legislature supports efforts to better treat mental health problems that lead to gun violence" Representative Tarr moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Stoltze objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHJR 4(JUD) am Second Reading Amendment No. 4 YEAS: 10 NAYS: 26 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Drummond, Gara, Gruenberg, Herron, Josephson, Kawasaki, Kreiss-Tomkins, Tarr, Tuck Nays: Chenault, Costello, Edgmon, Feige, Gattis, Hawker, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Guttenberg, Kerttula, Olson Absent: Foster And so, Amendment No. 4 was not adopted. Amendment No. 5 (title amendment) was offered by Representatives Munoz and Holmes: Page 1, line 1: Delete "23" 2013-02-27 House Journal Page 0394 Representative Munoz moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Millett objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHJR 4(JUD) am Second Reading Amendment No. 5 YEAS: 16 NAYS: 20 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Drummond, Edgmon, Feige, Gara, Gruenberg, Herron, Holmes, Josephson, Kawasaki, Kreiss-Tomkins, Munoz, Seaton, Tarr, Thompson, Tuck Nays: Chenault, Costello, Gattis, Hawker, Higgins, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Nageak, Neuman, Pruitt, Reinbold, Saddler, Stoltze, P.Wilson, T.Wilson Excused: Guttenberg, Kerttula, Olson Absent: Foster And so, Amendment No. 5 was not adopted. CSHJR 4(JUD) am was automatically in third reading. Representative Pruitt moved and asked unanimous consent that Representative Foster be excused from a call of the House. There being no objection, it was so ordered. The question being: "Shall CSHJR 4(JUD) am pass the House?" The roll was taken with the following result: CSHJR 4(JUD) am Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 2013-02-27 House Journal Page 0395 Yeas: Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Gara, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson Nays: Josephson Excused: Foster, Guttenberg, Kerttula, Olson And so, CSHJR 4(JUD) am passed the House and was referred to the Chief Clerk for engrossment.