Legislature(2003 - 2004)
05/12/2003 01:12 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 102(STA)-CONCEALED DEADLY WEAPONS
MR. MARK ENOFT, staff to Representative Croft, sponsor of HB
102, informed members that their packets contain a side-by-side
chart that compares HB 102 to Alaska's current concealed carry
law. HB 102 eliminates the distinction between a concealed
weapon and an open carry weapon. Under current Alaska law, no
permit is required for open carry weapons. HB 102 removes the
permit requirement to carry a concealed weapon but does not
change any other substantive requirements of the current law,
such as who can possess a concealed weapon and where a concealed
weapon can be carried. HB 102 eliminates some confusion about
who must tell a police officer when and where a concealed weapon
is carried. Under current law, a permit holder must notify a
peace officer that he or she is carrying a concealed weapon when
contacted by a peace officer. However, a person carrying a
concealed weapon on his or her own property, or for the purpose
of hunting, personal protection or another lawful activity, is
not required to notify a peace officer. HB 102 will require
everyone who is carrying a concealed weapon to notify a peace
officer. That change will make the law easier for the public to
understand and will provide a certain amount of confidence to
peace officers.
CHAIR SEEKINS clarified that CSHB 102(STA) will not repeal or
eliminate Alaska's concealed carry weapon program because to get
reciprocity in another state, a person would need an Alaska
permit.
MR. ENOFT agreed and said that having a permit makes it easier
to purchase a weapon because the permit holder has already
undergone a criminal background check.
CHAIR SEEKINS noted the buyer can bypass the required waiting
period because the background check was already completed.
[SENATOR FRENCH arrived.]
CHAIR SEEKINS noted that Mr. Judy of the NRA was available to
answer questions and that no one else had signed up to testify.
SENATOR THERRIAULT asked which version the committee was
discussing.
MR. ENOFT informed members that \Q was the most updated version
of HB 102.
SENATOR THERRIAULT moved CSHB 102(STA), version Q, from
committee with its accompanying fiscal notes.
SENATOR FRENCH objected to the motion and expressed concern that
the committee spent only five minutes discussing this
legislation and the subject deserves more time.
CHAIR SEEKINS said he read and likes the bill and assumes other
members have read the bill. He noted that no one signed up to
testify. He believes it would be an honor for Alaska to be the
second state that trusts its law-abiding citizens to carry
concealed weapons. He asked Senator French if he has specific
questions.
SENATOR THERRIAULT asked if this is the first hearing on CSHB
102(STA).
CHAIR SEEKINS said it is the first hearing in the Senate.
SENATOR THERRIAULT withdrew his motion to move CSHB 102(STA)
from committee to accommodate Senator French's concern.
SENATOR FRENCH said he asked his staff to contact various
members of the peace officers association to find out where the
law enforcement community stands on this legislation.
SENATOR OGAN commented that he has ridden with both Anchorage
Police Department officers and the Alaska State Troopers and
both told him, "the bad guys are all packing, you know, give the
good guys a chance to pack." He said he has not talked to them
about this particular bill, but they have acknowledged that,
"all of the bad guys have got guns and they have the good guys
outgunned in the field." He said for that reason he supports the
legislation.
CHAIR SEEKINS said CSHB 102(STA) has been properly noticed and
that the police groups across the state have been watching both
concealed carry weapons bills before the Legislature. He said
since no one signed up to testify against the bill today, he is
assuming no one opposes it.
SENATOR THERRIAULT asked Mr. Enoft if he received feedback from
law enforcement agencies in the state.
MR. ENOFT told members that Representative Croft submitted the
bill to Commissioner Tandeske of the Department of Public Safety
and to Chief Monegan of the Anchorage Police Department.
Commissioner Tandeske said he had not formulated an opinion on
the legislation and that this issue was not one he was willing
to fight. The Anchorage Police Department has not responded.
SENATOR FRENCH asked that CSHB 102(STA) be held in committee
until the next day to await responses from the Anchorage Police
Department.
CHAIR SEEKINS announced that CSHB 102(STA) would be held in
committee.
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