02/08/2013 01:00 PM House JUDICIARY

        HB 69 - EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                     
                                                                                                                                
1:32:25 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE  BILL  NO.  69,  "An Act  exempting  certain  firearms  and                                                               
firearm  accessories  in  this  state  from  federal  regulation;                                                               
providing criminal  penalties for  federal officials  who enforce                                                               
or attempt to  enforce a federal law, regulation,  rule, or order                                                               
regulating  certain  firearms  and firearm  accessories  in  this                                                               
state;  and  providing for  an  effective  date."   [Included  in                                                               
members  packets was  a proposed  committee  substitute (CS)  for                                                               
HB 69, Version 28-LS0290\N, Strasbaugh, 2/4/13.]                                                                                
                                                                                                                                
1:32:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE  CHENAULT, Alaska State  Legislature, sponsor                                                               
- referring to  the Alaska State Constitution, and  to the Second                                                               
Amendment, the  Ninth Amendment, and  the Tenth Amendment  to the                                                               
U.S. Constitution  - explained  that the  intent of  HB 69  is to                                                               
assert  the state's  rights and  to protect  Alaskans' rights  to                                                               
keep and bear arms, and  is being introduced [in anticipation of]                                                               
memorandums  and legislative  proposals that  could be  issued by                                                               
the President  based on recommendations submitted  by a workgroup                                                               
formed  to  address gun  violence  and  which were  announced  on                                                               
January 16,  2013, and which  are intended to help  keep firearms                                                               
out of  the wrong hands.   He  offered his understanding  of what                                                               
some of  those recommendations entailed,  such as  making schools                                                               
safer and increasing access to  mental health services.  However,                                                               
he warned,  any forthcoming legislative proposals  based on those                                                               
recommendations  could affect  citizens' Second  Amendment rights                                                               
as well as states' [Tenth Amendment] rights.                                                                                    
                                                                                                                                
1:35:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB 69,  Version  28-LS0290\N,  Strasbaugh,                                                               
2/4/13, as the working document.                                                                                                
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
1:36:48 PM                                                                                                                    
                                                                                                                                
TOM  WRIGHT, Staff,  Representative Mike  Chenault, Alaska  State                                                               
Legislature, explained  on behalf of the  sponsor, Representative                                                               
Chenault, that  HB 69 would  alter the statute  [addressing State                                                               
policy,   declarations,  and   requirements  concerning   certain                                                               
firearms not  in interstate commerce  and not subject  to federal                                                               
regulation - AS 44.99.500 -] enacted  in 2010 via House Bill 186.                                                               
Section  1  of  Version  N  would  add  legislative  findings  to                                                               
uncodified law; specifically, Section  1's paragraph (1) contains                                                               
some  language  from Texas  legislation,  and  its paragraph  (2)                                                               
duplicates some of  the findings added to uncodified  law via the                                                               
aforementioned  2010  legislation.    Sections 2,  3,  and  4  of                                                               
Version N  would add the words,  "possessed in this state  or" to                                                               
AS  44.99.500(a),  (b), and  (d),  respectively.   Section  5  of                                                               
Version N  would add new paragraphs  (f) and (g) to  AS 44.99.500                                                               
that read:                                                                                                                      
                                                                                                                                
     (f)  A  federal  statute, regulation,  rule,  or  order                                                                    
     adopted, enacted,  or otherwise  effective on  or after                                                                    
     January 1, 2013,  is unenforceable in this  state by an                                                                    
     official,  agent,   or  employee   of  this   state,  a                                                                    
     municipality, or the federal  government if the federal                                                                    
     statute, regulation, rule, or order attempts to                                                                            
          (1) ban or restrict ownership of a semiautomatic                                                                      
     firearm or a magazine of a firearm; or                                                                                     
          (2) require a firearm, magazine, or other firearm                                                                     
     accessory to be registered.                                                                                                
     (g)  An official,  agent, or  employee  of the  federal                                                                    
     government  who  enforces  or  attempts  to  enforce  a                                                                    
     federal   statute,    regulation,   rule,    or   order                                                                    
     unenforceable  under  (f)  of   this  section  that  is                                                                    
     adopted on or  after the effective date of  (f) of this                                                                    
     section  is guilty  of  a  class C  felony  and may  be                                                                    
     punished as provided in AS 12.55.                                                                                          
                                                                                                                                
MR.  WRIGHT  noted  that  several  people  throughout  the  state                                                               
requested that a  violation under the bill be changed  to a class                                                               
C  felony,  and   thus  Section  5  now   contains  that  change.                                                               
Section 6  of Version  N, he  went on  to explain,  would add  to                                                               
uncodified law a provision stipulating  that Section 5's proposed                                                               
new  subsection (f)  is  retroactive  to  January  1,  2013,  and                                                               
Section 7 of Version N  provides for an immediate effective date.                                                               
He  mentioned in  conclusion that  HB  69 is  similar to  Wyoming                                                               
legislation currently moving through the process.                                                                               
                                                                                                                                
1:39:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG, referring to  Section 6, questioned why                                                               
Section 5's proposed new AS 44.99.500(f) would be retroactive.                                                                  
                                                                                                                                
MR. WRIGHT explained  that the sponsor wanted to  ensure that the                                                               
bill applied  to any memorandums  and legislative  proposals that                                                               
result  from  the   aforementioned  workgroup's  recommendations,                                                               
which, again, were announced on January 16, 2013.                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG  expressed  concern  that  making  that                                                               
provision  retroactive could  create what  he termed  an ex  post                                                               
facto problem  because it would result  in criminalizing behavior                                                               
that was legal at the time it occurred.                                                                                         
                                                                                                                                
MR. WRIGHT  referred to a  memorandum from Legislative  Legal and                                                               
Research Services dated January 22, 2013, that said in part:                                                                    
                                                                                                                                
     Section 6 of  the bill makes retroactive  to January 1,                                                                    
     2013,  the  legislature's  declaration in  proposed  AS                                                                    
     44.99.500(f) (sec. 5 of the  bill) that certain actions                                                                    
     are  unconstitutional.  ... However,  retroactive  laws                                                                    
     that have the effect  of imposing criminal penalties on                                                                    
     conduct that precedes  the enactment of the  law are ex                                                                    
     post facto laws that are  forbidden by both the federal                                                                    
     and state constitutions.                                                                                                   
                                                                                                                                
The committee took an at-ease from 1:44 p.m. to 1:46 p.m.                                                                       
                                                                                                                                
MR.  WRIGHT  relayed  that  in light  of  that  information,  the                                                               
sponsor might consider eliminating  the retroactive aspect of the                                                               
bill in order  to avoid that ex post facto  problem.  He ventured                                                               
that such a change wouldn't be hard to effect.                                                                                  
                                                                                                                                
1:50:16 PM                                                                                                                    
                                                                                                                                
KATHLEEN   STRASBAUGH,  Attorney,   Legislative  Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency (LAA),  concurred that  HB 69 could  easily be  changed to                                                               
that effect.                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT expressed favor with HB 69.                                                                              
                                                                                                                                
1:51:45 PM                                                                                                                    
                                                                                                                                
BOB BIRD, mentioning that he was  mobilizing support for HB 69 on                                                               
the Kenai  Peninsula and  that he'd  provided the  committee with                                                               
written testimony,  offered his belief  that there are  limits to                                                               
the federal  government's power and  that the  federal government                                                               
should have  this fact pointed  out to it.   He then  referred to                                                               
[memorandums from  Legislative Legal and Research  Services dated                                                               
January  16, 2013,  and  January  30, 2013,  as  well  as to  the                                                               
aforementioned   January   22,   2013,   memorandum];   expressed                                                               
disagreement  with the  drafter's  conclusions outlined  therein;                                                               
offered some historical information;  and expressed his fear that                                                               
[any   forthcoming    legislative   proposals   based    on   the                                                               
aforementioned  workgroup recommendations]  could  result in  his                                                               
firearms, ammunition, and  associated equipment being confiscated                                                               
by the federal government.                                                                                                      
                                                                                                                                
2:02:17 PM                                                                                                                    
                                                                                                                                
ELAINA  SPRAKER,   Clinic  Director,  Women  on   Target;  Clinic                                                               
Director, Teens on  Target, Friends of NRA,  after mentioning the                                                               
mission of the two programs  she directs, offered her belief that                                                               
HB 69  would help protect  Alaskan's Second Amendment  rights and                                                               
[help the  state defend against]  federal overreach,  shared some                                                               
historical  information,  and  indicated concern  regarding  [any                                                               
forthcoming  legislative proposals  based  on the  aforementioned                                                               
workgroup recommendations].                                                                                                     
                                                                                                                                
2:08:08 PM                                                                                                                    
                                                                                                                                
WES  NEWCOMB expressed  appreciation for  anything that  could be                                                               
done to ensure that citizens' gun rights aren't taken away.                                                                     
                                                                                                                                
2:09:11 PM                                                                                                                    
                                                                                                                                
AARON BUSCHE-VOLD  said he fully  supports HB 69 and  Version N's                                                               
proposal to make a violation under the bill a class C felony.                                                                   
                                                                                                                                
2:09:37 PM                                                                                                                    
                                                                                                                                
DAVID  LEE   paraphrased  the  Second   Amendment  to   the  U.S.                                                               
Constitution, and said he supports HB 69 100 percent.                                                                           
                                                                                                                                
2:10:24 PM                                                                                                                    
                                                                                                                                
SCOTT HAMANN,  referring to Version  N's proposed class  C felony                                                               
penalty  for federal  officials,  agents,  and employees,  opined                                                               
that it's  important to include that  level of penalty in  HB 69,                                                               
regardless that some may view it  as the biggest problem with the                                                               
bill, so that people will know that "we're serious about this."                                                                 
                                                                                                                                
2:11:29 PM                                                                                                                    
                                                                                                                                
MIKE  COONS, after  offering some  historical information,  asked                                                               
whether  under HB  69, state  law enforcement  officers would  be                                                               
able  to arrest  federal officials,  agents, and  employees.   In                                                               
conclusion, he said he applauds  what the bill's sponsor is doing                                                               
and fully endorses it.                                                                                                          
                                                                                                                                
2:17:08 PM                                                                                                                    
                                                                                                                                
ROD ARNO, Executive Director, Alaska  Outdoor Council (AOC), said                                                               
that the AOC  supports HB 69 very strongly  and supports [Version                                                               
N's] increased  penalty.   Referring to  [Article I,  Section 19,                                                               
of] the Alaska State Constitution  and to the Second Amendment to                                                               
the  U.S. Constitution,  he asked  that the  bill be  passed from                                                               
committee.                                                                                                                      
                                                                                                                                
2:18:34 PM                                                                                                                    
                                                                                                                                
LARRY SLOAN  said he supports HB  69.  After referring  to a 2010                                                               
U.S.  Supreme  Court Case,  Otis  McDonald,  et  al. v.  City  of                                                             
Chicago,  Illinois,  et  al., and  to  potential  conflicts  with                                                             
provisions  of  the U.S.  Constitution,  he  surmised that  "this                                                               
issue" would require further litigation.                                                                                        
                                                                                                                                
2:20:49 PM                                                                                                                    
                                                                                                                                
HAL  SMITH,   M.D.,  mentioning  that  he's   an  emergency  room                                                               
physician  who's seen  his share  of gun  violence, characterized                                                               
HB 69  as blatant  and unnecessary  nose-thumbing at  the federal                                                               
government.   Referring to  firearm-related deaths  and massacres                                                               
that have occurred since [the  terrorist attacks of September 11,                                                               
2001],  he suggested  that rather  than  broadly challenging  the                                                               
federal  government  on  "this  issue,"  the  legislature  should                                                               
instead focus  on finding  ways to  support reasonable  laws that                                                               
would keep firearms  away from the wrong people.   In conclusion,                                                               
he said he opposes HB 69.                                                                                                       
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed  public testimony  on HB 69.   He  mentioned that                                                               
the bill would be held over  to allow the sponsor time to address                                                               
[the  issue   of  retroactivity]  via  a   forthcoming  committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
REPRESENTATIVE  MILLETT, mentioning  that she's  provided members                                                               
with  articles  regarding  low   gun-violence  rates  in  Alaska,                                                               
offered  her  belief that  a  one-size-fits-all  approach by  the                                                               
federal  government  regarding  gun  legislation  won't  work  in                                                               
Alaska, and  characterized protecting people's right  to keep and                                                               
bear arms as incredibly important to Alaska.                                                                                    
                                                                                                                                
CHAIR KELLER  relayed that  HB 69  would be  held over  [with the                                                               
motion to adopt Version N as the working document left pending].