Legislature(2023 - 2024)BARNES 124
03/16/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB61 | |
| HB17 | |
| HB78 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 61 | TELECONFERENCED | |
| + | HB 17 | TELECONFERENCED | |
| += | HB 78 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS
8:04:11 AM
CHAIR MCCORMICK announced that the first order of business would
be HOUSE BILL NO. 61, "An Act relating to restrictions on
firearms and other weapons."
8:04:55 AM
The committee took an at-ease from 8:04 a.m. to 8:05 a.m.
8:05:20 AM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, as prime
sponsor, explained that HB 61 would address situations, such as
during the time of the COVID-19 pandemic, where orders were made
by local governments to close stores selling firearms and
ammunition. She said HB 61 would reaffirm the Second Amendment
to the United States Constitution by stipulating that the state
and municipalities may not implement new restrictions to access
firearms, ammunition, firearms accessories, or shooting ranges
resulting from disaster declarations. She turned the
presentation over to her staff.
8:07:17 AM
STEVE ST. CLAIR, Staff, Representative Cathy Tilton, Alaska
State Legislature, on behalf of Representative Tilton, prime
sponsor, gave the sectional analysis for HB 61 [copy included in
the committee packet], which read as follows [original
punctuation provided]:
Section 1 Prohibits the State, municipalities, and
other instrumentalities from restricting the following
under a disaster declaration:
1. Possession, use or transfer of a firearm,
firearm accessory, or ammunition;
2. Ordering the seizure of the above-referenced
items; 3. Limiting the quantity or other
restrictions on the sales and services of those
items;
4. Closing or limiting the hours of operation for
retail establishments that sell and service those
items unless the closure or limitation applies to
all other forms of commerce within the
jurisdiction;
5. Closing or limiting the hours of operation for
shooting ranges;
6. Suspending or revoking a concealed carry
permit outside of current statutory provisions;
7. Refusing to accept an application for a
concealed carry permit;
8. Provides for civil action as relief for a
violation of the above-referenced prohibitions;
9. Provides definitions for "firearm" and
"firearm accessory";
Section 2 Repeals a previous definition of "firearm
accessory" found under the Alaska Firearms Freedom
Act.
MR. ST. CLAIR emphasized item 4 by stating that this is about
equity and commerce. He clarified that if a disaster
declaration states everything is to be closed, then gun stores
would close too.
8:10:16 AM
MR. ST. CLAIR gave the PowerPoint presentation, titled "HB 61 an
Act Relating to the Restriction of Firearms and Other Weapons"
[hard copy included in the committee packet]. He moved to slide
2 and explained that HB 61 is critical to the Alaskan way of
life, which includes subsistence, protection, and the
constitution. He proceeded to slide 3, which highlighted the
definition of subsistence and pointed out that rural communities
in Alaska rely heavily on wild foods. He continued to slide 4,
which highlighted the impact of restrictions on firearms, and he
brought up examples of gun protection during animal attacks. He
continued to slide 5, titled "Firearm Restrictions and
Constitution," which read as follows [original punctuation
provided]:
• In January 2022 a federal appeals court ruled that
two California counties that shut down gun stores as
nonessential businesses in 2020 due to the coronavirus
pandemic, violated the Constitution's Second
Amendment.
• The Second Amendment to the U.S. Constitution
guarantees "the right of the people to keep and bear
arms." In 2008, the U.S. Supreme Court ruled in
District of Columbia v. Heller that this is an
individual right, not requiring participation in a
militia.
• In 2010, the high court ruled in McDonald v. Chicago
that the right to keep and bear arms is a fundamental
right that also applies to the states through the
Fourteenth Amendment, which bars any state from
denying liberty to any person without due process of
law.
8:14:16 AM
MR. ST. CLAIR moved to slide 6, which featured four states that
adopted similar legislation in 2021: South Dakota, Georgia, West
Virginia, and North Dakota. He continued to the final slide,
titled "Conclusion," which read as follows [original punctuation
provided]:
• Firearms, firearm accessories, and ammunition are a
part of the Alaskan culture and way of life.
Firearms facilitate feeding families and food
security.
• Firearms allow Alaskan's and visitors to safely
explore our beautiful state.
• The Second Amendment grants citizens the right to
bear arms.
• Bi Partisan support (SB 136 / HB 179, 2022)
8:15:47 AM
CHAIR MCCORMICK thanked the presenters for spotlighting the
importance of subsistence hunting in Alaska communities.
8:16:00 AM
REPRESENTATIVE MCCABE commented that gun stores do not only sell
guns. They also sell many items essential for subsistence. He
expressed the opinion that the proposed legislation is not so
much a Second Amendment issue, rather it is an issue essential
and critical to Alaska and a free market economy.
REPRESENTATIVE TILTON reiterated the proposed bill would not
create any new law or change laws already here for protection,
but it would allow that in a crisis, like the COVID-19 pandemic,
there would be equity, and these stores would remain open.
8:18:53 AM
REPRESENTATIVE HIMSCHOOT questioned whether this would add
firearms to the list of essential businesses.
MR. ST. CLAIR responded no, as the bill is about equity.
REPRESENTATIVE HIMSCHOOT asked what the difference is between
equity and equality.
MR. ST. CLAIR expressed the belief that the words have the same
meaning.
8:21:33 AM
REPRESENTATIVE MEARS commented on the number of emails
concerning the proposed legislation she has received from both
sides. She pointed out that many of these protections already
exist.
REPRESENTATIVE TILTON explained that the bill would ensure
firearm stores remain open as essential, being that [the use of
firearms] is "such a way of life" in Alaska.
8:23:06 AM
REPRESENTATIVE RUFFRIDGE echoed Representative Mears' comment on
the number of emails received, and he said he strongly agrees
with keeping stores open and having equity for each individual
store owner. He requested clarification on carrying weapons.
MR. ST. CLAIR responded that the proposed legislation would
reinforce a person's ability to carry a firearm where it is now
currently authorized; therefore, it would not be restrictive.
8:27:49 AM
REPRESENTATIVE MCCABE commented on the former mayor of New
Orleans and the limitation and confiscation of firearms after
Hurricane Katrina. He stated that this was a concern in
comments he received regarding the bill.
MR. ST. CLAIR responded that what occurred in New Orleans was
found to be unconstitutional. If a person is legally authorized
to carry a firearm, that weapon cannot be confiscated unless the
individual has lost this ability because of certain
circumstances.
REPRESENTATIVE MCCABE expressed the opinion that an armed
society with the ability to protect itself is generally
"polite."
MR. ST. CLAIR concurred.
8:30:26 AM
REPRESENTATIVE MCKAY asked how long the lockdown had lasted in
Anchorage by former Mayor Ethan Berkowitz. He commented on the
inability to buy shells and ammunition.
MR. ST. CLAIR replied that the lockdown had lasted 10 days.
REPRESENTATIVE MCKAY expressed the opinion that it would not
matter if the lockdown and store closure had been 10 minutes or
10 days, and he expressed support for HB 61.
8:31:33 AM
CHAIR MCCORMICK welcomed invited testimony.
8:31:52 AM
AOIBHEANN CLINE, Northwest Regional Director, National Rifle
Association (NRA), expressed support of HB 61 on behalf of the
"NRA's tens of thousands of members in Alaska." She argued that
the proposed bill would protect citizens from government
infringement under the declaration of an emergency disaster.
She explained that the bill would provide an effective approach
to balance economic rights and local control.
8:35:47 AM
REPRESENTATIVE MCCABE, as heard in the sectional analysis,
pointed out that gun store owners do not want to be singled out,
but request equity in their treatment with other businesses. He
pointed out an unnamed gun rights activist group that is in
opposition to HB 61 because of this item, and he asked for
confirmation that NRA is in support of HB 61 because it is a
"holistic" bill; it does not single out or give preferential
treatment to gun stores.
MS. CLINE replied that is correct, as the bill reinforces that
the firearms industry would not be singled out from other forms
of commerce.
8:37:53 AM
REPRESENTATIVE RUFFRIDGE pointed out page 1, line 8 of the bill,
which referenced forbidding the possession, use, or transfer of
firearms. He requested that Ms. Cline speak on this prohibition
during a disaster.
8:38:34 AM
MS. CLINE explained that the bill would not change current state
law. She continued that in an emergency it would allow [local
governments] to not add new "colors of control" and change where
firearms cannot be carried.
8:40:36 AM
REPRESENTATIVE HIMSCHOOT referenced the COVID-19 shutdown in
Anchorage and asked for clarity on whether gun sale facilities
should be added to the list of essentials.
MR. ST. CLAIR replied there should not be a list, as "it is
either all or nothing." In response to a follow-up question, he
stated that emergency services should be open regardless. He
continued that there is a difference between government services
and private industry.
8:42:23 AM
[HB 61 was held over.]