03/15/2013 01:30 PM Senate JUDICIARY

         HB  69-EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                     
                                                                                                                                
2:39:20 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of HB  69. He moved to bring the  work draft Senate                                                               
committee  substitute  (CS)  for CSHB  69,  labeled  28-LS2090\R,                                                               
before the committee.                                                                                                           
                                                                                                                                
SENATOR DYSON objected [for discussion purposes].                                                                               
                                                                                                                                
CHAIR COGHILL acknowledged that the  sponsor may or may not agree                                                               
with the proposed Senate CS.                                                                                                    
                                                                                                                                
2:40:16 PM                                                                                                                    
REPRESENTATIVE MIKE  CHENAULT, sponsor  of HB 69,  introduced the                                                               
bill  speaking  to  the following  sponsor  statement:  [Original                                                               
punctuation provided.]                                                                                                          
                                                                                                                                
     The intent  of House  Bill 69 is  an effort  to protect                                                                    
     Alaskans'  rights to  keep and  bear arms  protected by                                                                    
     both  the U.S.  and Alaska  Constitutions. In  light of                                                                    
     the  President's   executive  orders   and  legislative                                                                    
     proposals,  it is  important  that  Alaska protect  not                                                                    
     only  our Second  Amendment rights  but also  asserting                                                                    
     citizens'  and  states'  rights  guaranteed  under  the                                                                    
     Ninth and Tenth Amendment.                                                                                                 
                                                                                                                                
     The   legislation  was   drafted  in   anticipation  of                                                                    
     President   Obama's    executive   orders    based   on                                                                    
     recommendations of  a work group led  by Vice President                                                                    
     Biden. This group was charged  with developing a set of                                                                    
     concrete  policy proposals  for reducing  gun violence.                                                                    
     These  proposals were  the basis  for the  Presidential                                                                    
     Executive  [memoranda] that  were announced  on January                                                                    
     16,  2013.  The  plan combines  executive  actions  and                                                                    
     calls  for legislative  action  that  "would help  keep                                                                    
     guns  out of  the wrong  hands, ban  assault and  high-                                                                    
     capacity  magazines,   make  our  schools   safer,  and                                                                    
     increase  access to  mental health  services." Although                                                                    
     the executive  orders did not  carry the force  of law,                                                                    
     the  recommendations calling  for Congressional  action                                                                    
     could affect Second Amendment rights  and the rights of                                                                    
     states as well.                                                                                                            
                                                                                                                                
REPRESENTATIVE  CHENAULT  highlighted  that  HB  69,  before  the                                                               
proposed Senate  CS, adds  the phrase,  "possession of  a firearm                                                               
within  the  state"   to  current  statute.  It   also  adds  new                                                               
subsections that  say that any  federal actions to  restrict guns                                                               
or ammunition  ownership taken after  the effective date  of this                                                               
bill are unenforceable in the state.                                                                                            
                                                                                                                                
CHAIR COGHILL thanked the sponsor  for proposing the bill and the                                                               
clarification of executive memoranda versus executive order.                                                                    
                                                                                                                                
SENATOR  DYSON relayed  that  his research  found  that the  only                                                               
difference between  an executive  order and  executive memorandum                                                               
is that one declaration goes into the congressional record.                                                                     
                                                                                                                                
CHAIR  COGHILL read  the  new  subsection (g)  in  Section 5  and                                                               
suggested  it might  be more  workable than  the original  felony                                                               
language. He  asked the sponsor  if he had reviewed  the language                                                               
in the proposed Senate CS.                                                                                                      
                                                                                                                                
REPRESENTATIVE  CHENAULT said  he  hadn't had  an opportunity  to                                                               
look  in  depth at  the  proposed  language,  but his  staff  had                                                               
communicated potential concerns.                                                                                                
                                                                                                                                
CHAIR COGHILL said  his intention was to adopt the  Senate CS and                                                               
consider amendments  next week. He  asked Mr. Shilling  to review                                                               
the changes  proposed in the  Senate CS,  particularly subsection                                                               
(g).                                                                                                                            
                                                                                                                                
2:45:19 PM                                                                                                                    
JORDAN  SHILLING, staff  to Senator  Coghill, explained  that the                                                               
Senate  CS inserts  a new  Section 2  that prohibits  the use  of                                                               
state  funds for  the purpose  of implementing  or aiding  in the                                                               
implementation of a  federal action that infringes  on a person's                                                               
Second  Amendment right  or  due process  right.  Section 2  also                                                               
contains  definitions  for  the   terms  "asset"  and  "state  or                                                               
municipal agency."                                                                                                              
                                                                                                                                
2:46:31 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked what  the provision in  paragraph (A)                                                               
on page  3 would encompass  regarding infringement on  a person's                                                               
Second Amendment right.                                                                                                         
                                                                                                                                
MR.  SHILLING offered  his understanding  that  there are  recent                                                               
U.S. Supreme  Court cases  that define the  limits of  a person's                                                               
right to bear arms. He added  that the Alaska Supreme Court would                                                               
probably make a determination as well.                                                                                          
                                                                                                                                
CHAIR COGHILL  suggested the committee ponder  that question over                                                               
the weekend and review the specific  language in Section 1 of the                                                               
version that passed the House.                                                                                                  
                                                                                                                                
SENATOR DYSON asked if the definition  of "asset" on page 3, line                                                               
12, includes personnel.                                                                                                         
                                                                                                                                
MR.  SHILLING  responded  that employees  are  addressed  in  the                                                               
definition of state or municipal agency on page 3, line 20.                                                                     
                                                                                                                                
2:49:29 PM                                                                                                                    
TOM WRIGHT, staff to Representative  Mike Chenault, prime sponsor                                                               
of HB  69, added that  the language in  subsection (f) on  page 4                                                               
applies to this bill. It reads as follows:                                                                                      
                                                                                                                                
     (f)  A  federal  statute, regulation,  rule,  or  order                                                                    
     adopted, enacted,  or otherwise  effective on  or after                                                                    
     the  effective date  of this  Act  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.                                                                                                
                                                                                                                                
CHAIR COGHILL  observed that that goes  to Senator Wielechowski's                                                               
question about paragraph (A) on page 3.                                                                                         
                                                                                                                                
SENATOR DYSON commented  that he recalls times  when state public                                                               
safety officers  refused to cooperate with  what federal agencies                                                               
were doing in the state, so this wasn't breaking new ground.                                                                    
                                                                                                                                
MR. WRIGHT  said he found four  or five instances of  sheriffs in                                                               
other states  who said  they wouldn't  enforce a  certain federal                                                               
provision.                                                                                                                      
                                                                                                                                
CHAIR  COGHILL  asked  if  this discussion  was  similar  to  the                                                               
Arizona   immigration  policy   that  the   U.S.  Supreme   Court                                                               
overturned.                                                                                                                     
                                                                                                                                
MR.  WRIGHT  said he  didn't  believe  so  because the  bill  was                                                               
specific to the  Second Amendment. He said  it's a constitutional                                                               
question involving  states' rights,  but it's also  legitimate to                                                               
ask  when the  federal government  will start  enforcing laws  it                                                               
imposed, like for marijuana.                                                                                                    
                                                                                                                                
CHAIR  COGHILL   commented  that   the  state   surrenders  Tenth                                                               
Amendment  rights by  taking funds  from  the federal  government                                                               
under  conditions,  but  HB  69   speaks  to  fundamental  rights                                                               
outlined in the  constitution. He opined that the  state has good                                                               
standing. After all, the states  formed the nation, not the other                                                               
way around.                                                                                                                     
                                                                                                                                
MR.  WRIGHT  noted that  the  findings  in  Section  1 of  HB  69                                                               
specifically allude  to art. I,  sec. 19, of the  Constitution of                                                               
the State of  Alaska, the Tenth Amendment of  the Constitution of                                                               
the United  States, and the  Ninth Amendment of  the Constitution                                                               
of  the United  States.  The  courts will  decide  whether it  is                                                               
defensible or not.                                                                                                              
                                                                                                                                
CHAIR COGHILL  added that version R  says this is the  policy and                                                               
the state  will use its  assets to  thwart federal action  to the                                                               
contrary. He  asked, because of  the constitutional  question, if                                                               
there was original jurisdiction.                                                                                                
                                                                                                                                
MR. WRIGHT replied he didn't have an answer.                                                                                    
                                                                                                                                
2:53:50 PM                                                                                                                    
CHAIR  COGHILL  asked  if  deleting  the  felony  language  would                                                               
potentially erode support for the bill.                                                                                         
                                                                                                                                
MR. WRIGHT  said he didn't  believe so, although  many supporters                                                               
subscribed  to a  class  C felony.  He noted  that  the bill  was                                                               
modeled on Wyoming law that  has class A misdemeanor language. He                                                               
opined that the SCS was a  little more enforceable than the House                                                               
version that  tries to have a  trooper arrest a federal  agent or                                                               
employee [for trying to enforce a federal law].                                                                                 
                                                                                                                                
2:55:32 PM                                                                                                                    
SENATOR DYSON removed his objection  and version R was before the                                                               
committee.                                                                                                                      
                                                                                                                                
2:56:27 PM                                                                                                                    
CHAIR COGHILL announced he would hold HB 69 in committee.