Legislature(2005 - 2006)BELTZ 211
04/22/2005 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB171 | |
| HB229 | |
| HB184 | |
| SB179 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 184 | TELECONFERENCED | |
| = | HB 229 | ||
| = | SB 171 | ||
| = | SB 179 | ||
HB 184 AM -MUNICIPAL FIREARM ORDINANCES
CHAIR GARY STEVENS announced HB 184 to be up for consideration.
Erich DeLand, Staff for Representative Mike Chenault, introduced
HB 184 saying the intent is "to ensure that citizens be able to
look to one law as the single and final authority regarding
firearm regulation." It will guarantee consistency in firearm
laws within Alaska.
2:11:44 PM
BRIAN JUDY, Alaska State Liaison for the National Rifleman
Association (NRA), urged support for HB 184. The legislation
would broaden and strengthen the existing statute. Current law
narrowly limits local municipalities' ability to restrict
firearms in two areas. First is the right to own or possesses
firearms within a residence and the second is the transportation
of unloaded firearms in a vehicle. Under current law, local
municipalities can impose any other restrictions.
Existing law would allow restrictions in those two affirmation
categories if approved by the voters. The NRA doesn't believe
that's right. The fundamental constitutional rights of even a
minority of the people should not be restricted by a majority of
voters at some point in the future should they decide that they
want to support such a restriction.
HB 184 would standardize all the firearms laws throughout the
state based on current and future statutes enacted by the
Legislature. It would void any ordinances that are more or less
restrictive than state law. He emphasized it would not lessen
the existing body of state or federal laws.
The problem with local firearm ordinances is that they create a
complex patchwork of differing laws, which is unfair to citizens
because they are at risk of violating laws that can vary widely
from community to community.
Currently 45 states deal with the problem of patchwork firearm
laws by having firearm preemption laws on the books. Alaska's
firearm preemption law is now among the weakest and the NRA
believes it should be strengthened and broadened.
2:15:05 PM
SENATOR BERT STEDMAN asked how many municipalities have
ordinances that are more restrictive than the state's.
MR. JUDY replied he could speak to that with respect to one
specific issue. The Legislature passed legislation two years ago
repealing the requirement that a person hold a permit to carry a
firearm concealed for self-protection. Currently eight
municipalities have laws that require permits.
Some municipalities would oppose the bill based on the fact that
their municipal ordinances would be overturned. Except for
carrying concealed firearms, he believes most ordinances are
consistent with state law. There's a state law dealing with
firearms in schools and a state law restricting possession of
firearms in bars. The bill was amended on the House floor to
allow municipalities to enact discharge ordinances.
The NRA is concerned about what could happen in the future and
wants to prevent future passage of restrictive gun control laws
on the local level.
2:17:36 PM
JENNIFER YUHAS, Executive Director, Alaska Outdoor Council
(AOC), echoed Mr. Judy's testimony and noted she sent written
testimony to the committee. The AOC enthusiastically endorses
the bill, which would more fully recognize the constitutionally
guaranteed right to own firearms. Furthermore it would eliminate
confusion for law-abiding citizens and remove the undue
pressures of the already extended enforcement authorities.
2:18:53 PM
CHERRIE RUESCH, Chugiak resident, said she trains 4-H youth in
shooting sports and the consistency provided by HB 184 would
help 4-H clubs as they expand their shooting educations programs
She would no longer have to worry about knowing all local
firearm ordinances when she travels to other communities to do
training
SENATOR THOMAS WAGONER questioned how many 4-H clubs have
shooting programs.
MS. RUESCH replied not every 4-H club works with firearms
because not all firearms instructors are comfortable working
with youths.
SENATOR WAGONER asked what the requirements are for a youth to
get a hunting license.
MS. RUESCH replied those born after 1986 must take a hunter
safety course.
2:21:19 PM
SHANNON DAY, Bethel resident, spoke in support of the bill.
ASHLEE MCDOUGAL, Houston resident, spoke in support of the bill.
VICTORIA COAN, Wasilla resident, spoke in support of the bill.
HEIDI SHEPHARD, Fairbanks resident, spoke in support of the
bill.
SASHA RUESCH, Chugiak resident, spoke in support of the bill.
LUKE ENGVALL, Kodiak resident, spoke in support of the bill.
BENJAMIN SMITH, Eagle River resident, spoke in support of the
bill.
JUSTIN SHATTUCK, Chugiak resident, spoke in support of the bill.
2:28:11 PM
KATHIE WASSERMAN, Public Policy Coordinator, Alaska Municipal
League (AML), said AML had reservations with the bill related to
the word "use" but that appears to be resolved with the House
amendment. Hopefully, the word "reasonable" doesn't become
similarly problematic. She though AML discomfort would cease as
long as municipalities are able to prohibit the firing of arms
within certain areas of the municipality.
CHAIR GARY STEVENS summarized that AML is comfortable with the
House amendment to allow municipalities to deal with the
discharge of firearms within municipal boundaries.
MS. WASSERMAN replied she believes AML would remove its
objection as long as the House amendment is in the bill.
2:30:06 PM
CHAIR GARY STEVENS opened teleconference testimony.
SCOTT HAMMON, Kenai resident, testified that the bill is prudent
and reasonable.
CARY GRAVES, Attorney, City of Kenai, testified that his
testimony is similar to Ms. Wasserman's. The city has an
ordinance that prohibits the discharge of firearms in
residential areas, but allows it in non-residential areas. The
concern with the original version of HB 184 was that it would
repeal the ordinance. The House floor amendment alleviates the
concern by allowing municipalities to provide reasonable
restrictions on the discharge of firearms. He urged members to
keep the amended language in the bill.
DENNY K. WEATHERS, spoke in support of HB 184 and noted she also
faxed her testimony to the committee.
CHAIR GARY STEVENS noted there was no further testimony.
2:34:23 PM
SENATOR WAGONER motioned to report HB 184 AM and attached fiscal
notes from committee with individual recommendations.
CHAIR GARY STEVENS asked for a roll call vote. The motion to
move HB 184 AM carried 3 to 0 with Senators Stedman, Wagoner and
Chair Gary Stevens voting yea.
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