02/18/2013 01:00 PM House JUDICIARY

        HB 69 - EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                     
                                                                                                                                
1:38:11 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."  [Left pending from                                                               
the  hearing on  2/8/13  was  the motion  to  adopt the  proposed                                                               
committee  substitute  (CS)  for   HB  69,  Version  28-LS0290\N,                                                               
Strasbaugh,  2/4/13,   as  the  working  document;   included  in                                                               
members' packets  was a new  proposed CS  for HB 69,  Version 28-                                                               
LS0290\O, Strasbaugh.]                                                                                                          
                                                                                                                                
1:38:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN withdrew  his motion  to adopt  the proposed                                                               
committee  substitute  (CS)  for   HB  69,  Version  28-LS0290\N,                                                               
Strasbaugh, 2/4/13, as the working document.                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN then  moved  to adopt  the  proposed CS  for                                                               
HB 69, Version 28-LS0290\O, Strasbaugh,  as the working document.                                                               
There being no objection, Version O was before the committee.                                                                   
                                                                                                                                
1:39:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE CHENAULT,  Alaska State Legislature, sponsor,                                                               
relayed that Version  O of HB 69  incorporates changes addressing                                                               
concerns raised about taxation and retroactivity.                                                                               
                                                                                                                                
1:39:47 PM                                                                                                                    
                                                                                                                                
THOMAS WRIGHT, Staff, Representative  Mike Chenault, Alaska State                                                               
Legislature, on  behalf of the  sponsor of HB  69, Representative                                                               
Chenault,  explained  that  to  ensure  continuation  of  certain                                                               
federal  funding,  the  language  in Section  1's  paragraph  (1)                                                               
referencing  the taxation  of firearms  and  ammunition has  been                                                               
removed;  and that  to  address  an ex  post  facto problem,  the                                                               
language    stipulating   that    Section   5's    proposed   new                                                               
AS 44.99.500(f)  is  retroactive to  January  1,  2013, has  been                                                               
removed.                                                                                                                        
                                                                                                                                
1:43:14 PM                                                                                                                    
                                                                                                                                
LYNN WILLIS  said he  opposes HB  69 and  its concept  because it                                                               
would make  felons out  of law-abiding  Alaskans employed  by the                                                               
federal government, including  Alaska's congressional delegation.                                                               
How would legislators feel if  a municipality passed an ordinance                                                               
stipulating  that   State  laws  are  unenforceable   within  the                                                               
municipality  and that  those who  create/enforce  such laws  are                                                               
criminals?  With regard to  the bill's attempt to nullify federal                                                               
law, he  asked members  to consider  that over  600,000 Americans                                                               
died  between   1861  and  1865  when   certain  southern  states                                                               
attempted it.  Furthermore, multiple  federal court rulings don't                                                               
uphold the concept.  The  federal government, he predicted, isn't                                                               
going  to just  stand by  and  allow nullification  or allow  the                                                               
punishment of federal employees for enforcing federal law.                                                                      
                                                                                                                                
MR. WILLIS added:                                                                                                               
                                                                                                                                
     I served  22 years as  a member of the  Alaska National                                                                    
     Guard;  as a  federal civil  servant and  as an  active                                                                    
     duty member,  I served  with federal  marshals, federal                                                                    
     civil service employees, as well  as state troopers and                                                                    
     Anchorage  police officers  -  we  were all  guardsman.                                                                    
     What would  you have  us do under  the concept  of this                                                                    
     bill?  Arrest each other?                                                                                                  
                                                                                                                                
MR. WILLIS, in conclusion, mentioned  that he's submitted written                                                               
testimony in  opposition to HB  69, and surmised that  passage of                                                               
HB 69  would illustrate to  all Alaskans employed by  the federal                                                               
government  just  how  they  can  expect to  be  treated  by  the                                                               
legislature.                                                                                                                    
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed  public testimony on  HB 69.  He  indicated favor                                                               
with HB 69.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  warned  that  federal  employees  will                                                               
enforce  federal law,  and  therefore any  Alaskans  who rely  on                                                               
HB 69  to protect  them from  such enforcement  shall nonetheless                                                               
end up  in federal court  and perhaps  be convicted of  a federal                                                               
crime.     This  is  something   he  is  loath  to   subject  his                                                               
constituents to,  he relayed, and  therefore, for this  reason as                                                               
well   as  because   the  bill   is  both   unconstitutional  and                                                               
unenforceable,  he would  be voting  against the  bill regardless                                                               
that he  disapproves of the  federal government's actions.   Some                                                               
other approach  should be taken,  he opined, such as  striving to                                                               
have federal law changed.                                                                                                       
                                                                                                                                
1:52:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to report  the proposed CS for  HB 69,                                                               
Version   28-LS0290\O,   Strasbaugh,   out  of   committee   with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, CSHB  69(JUD) was  reported from  the                                                               
House Judiciary Standing Committee.