Legislature(2013 - 2014)BELTZ 105 (TSBldg)
04/01/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB81 | |
| HB33 | |
| SB65 | |
| HB69 | |
| HB83 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 69 | TELECONFERENCED | |
| + | HB 33 | TELECONFERENCED | |
| + | SB 65 | TELECONFERENCED | |
| += | HB 81 | TELECONFERENCED | |
| += | HB 83 | TELECONFERENCED | |
HB 69-EXEMPT FIREARMS FROM FEDERAL REGULATION
2:13:00 PM
CHAIR COGHILL announced the consideration of HB 69. He noted
that version I was before the committee and that the areas of
tension were subsection (a)(1) and (2) in Section 2 and
subsection (g) in Section 6.
He opened public testimony.
2:15:03 PM
SEYMOUR MILLS, representing himself, Sterling, Alaska, stated
absolute opposition to the watered down version of HB 69. If the
Alaska State Troopers won't enforce it that is a good reason to
have sheriffs. They would be elected by the people and would
take an oath to uphold the law. He mentioned United States v.
Lopez, a case involving the Gun-Free School Zones Act of 1990
and the Commerce Clause, and questioned the reference in the
bill since the U.S. Supreme Court said that the Commerce Clause
did not apply. He reiterated his opposition to the current
version of the bill, and asked the state to stand between
himself and the federal government.
2:18:09 PM
LLOYD HILLING, representing himself, Fairbanks, Alaska,
testified in support of HB 69. His view was that the federal
government can take care of things in Washington, D. C. and
Alaska was competent to decide how to deal with its issues,
including firearms. He said the Second Amendment prohibits all
entities from infringing on the peoples' right to own firearms;
the Tenth Amendment makes it clear that the federal government
should do only that which is directly implied in the
constitution, and things such as the regulation of firearms is
not found in there. Stating steadfast support for HB 69, he said
it will send a message that Alaska is doing what it should do.
2:19:39 PM
FRANK TURNEY, representing himself, Fairbanks, Alaska, expressed
hope that HB 69 would protect Alaskan citizens from federal
overlords, and stated support for directing the attorney general
with the term "shall" as opposed to "may." He said it was a
mistake that the Constitutional Convention didn't require the
attorney general to be an elected position, because Alaska needs
a strict constitutionalist to protect citizen rights. He
requested the bill cover infringement of rights other than just
the Second Amendment, and expressed satisfaction that it
addressed the right to due process.
He said he wasn't aware that under AS 11.76.110, interfering
with the constitutional rights of Alaskan citizens is a
misdemeanor. It should be a felony. He said he sees nothing in
the bill regarding enforcement or penalties or accountability to
federal overlords. He asked that the term "state nullification"
be added and suggested that the bill needed more work.
CHAIR COGHILL said he understood the consternation.
2:23:11 PM
LYNETTE CLARK, representing herself, Fairbanks, Alaska, said she
wanted HB 69 to pass, but the current CS lacked important
references. She appreciates that the Real ID Act is mentioned,
but the provisions from [Section 1, paragraphs (3), (4), and
(5)] of SB 75 regarding the National Defense Authorization Act
(NDAA) and the Authorization for Use of Military Force are
missing. She said these are perilous times for this union of
states and if Alaska doesn't respond with federal felony
charges, the monster that is the federal government will come
down around its throat. She urged the committee to include those
provisions in the bill.
CHAIR COGHILL said the point was well taken.
2:26:50 PM
DAVID LEE, representing himself, Nikiski, Alaska, described the
changes to the penalties in HB 69 as abhorrent. He said the fact
that President Obama became chair of the United Nations Security
Council, in direct violation of the constitution, and then had
three U.S. citizens assassinated was a very good reason for
nullification. He maintained that Alaska needs sheriffs to back
the bill up, because the people are their boss.
2:28:20 PM
MIKE COONS, representing himself, Lazy Mountain, Alaska, urged
the committee to reinsert the felony provision in HB 69, and if
it's challenged it could go to the U.S. Supreme Court. He
claimed it would be a strong case if 12-14 other states have
passed similar legislation. If the felony provision isn't
reinserted, he suggested inserting a reference to AS 11.76.110,
interference with constitutional rights. That is a misdemeanor
now, but it could be increased to a felony next session, he
said.
2:30:52 PM
WAYNE OZOSKY, representing himself, Eagle River, Alaska, thanked
the committee for protecting Alaska citizens from the tyrannical
federal government. He said the President's executive orders
pushing Congress to violate citizens' Second Amendment rights
are in conflict with the constitution. He requested the
committee include a reference to AS 11.76.110 [as it appears in
SB 75] if the felony language isn't reinserted. He said nobody
wants anarchy, but if federal agencies routinely disregard the
constitution there will be a second "shot heard 'round the
world." The statement that judges aren't always right also
applies to people working in the Department of Law. Just because
a lawyer says the felony provisions of HB 69 are
unconstitutional, doesn't make it true. He reiterated support
for the felony provisions and emphasized that it was
constitutional for the state to protect its citizens.
CHAIR COGHILL explained his reasoning for removing the felony
language. He agrees that Alaskans should stand up for their
right and the freedom guaranteed under the constitution, but
taking a hard position may ultimately weaken the state's
position. The intent is to provide the best defense for
Alaskans.
He said he'd like to get a sense of the committee with regard to
the felony question.
2:35:59 PM
SENATOR DYSON encouraged the chair and his staff to qualify the
meaning of the phrase on page 2, line 4, "banning any firearm."
CHAIR COGHILL said he would discuss that with his staff.
Additional things for the committee to consider were the
suggestion to insert the word "illegally" at the beginning of
paragraphs (A) and (B) on page 3, lines 7 and 9; the language
from the National Defense Authorization Act that was in the
previous version R; and the language in subsection (g) on page 5
of version I as opposed to the wording in version P that passed
the House.
2:40:58 PM
SENATOR WIELECHOWSKI voiced support for moving the bill when the
chair was ready.
CHAIR COGHILL said he would review Senator Dyson's suggestion
and take action on the bill on Wednesday.
SENATOR DYSON asked for a short at ease.
2:42:04 PM
At ease.
2:43:43 PM
CHAIR COGHILL reconvened the meeting and relayed that the off
the record discussion was about the attorney general and his
powers. He noted that there would likely be two amendments
offered at the next hearing.
He closed public testimony and held HB 69 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Senate CS for HB 69 Version I.pdf |
SJUD 4/1/2013 1:30:00 PM |
HB 69 |
| Written testimony_HB69_Vasquez.docx |
SJUD 4/1/2013 1:30:00 PM |
HB 69 |