Legislature(2005 - 2006)HOUSE FINANCE 519
03/07/2006 09:00 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB324 | |
| HB399 | |
| HB400 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 399 | TELECONFERENCED | |
| + | HB 400 | TELECONFERENCED | |
| += | HB 485 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 324 | TELECONFERENCED | |
HOUSE BILL NO. 400
An Act relating to disasters and confiscation of
firearms.
Vice Chair Stoltze MOVED to ADOPT work draft #24-LS1543\L,
Luckhaupt, 3/01/06, as the version of the bill before the
Committee. There being NO OBJECTION, it was adopted.
10:21:27 AM
REPRESENTATIVE JOHN COGHILL, SPONSOR, spoke to the bill. He
commented that HB 400 addresses the right of people to keep
and bear arms to insure the security of a free state. He
noted the chaos following Hurricane Katrina, where various
government agencies made systematic attempts to sweep New
Orleans clean of guns, even if it meant entering the homes
of law abiding gun owners.
Representative Coghill stated that National Guard, federal,
state, or local law enforcement personnel should not be
allowed to confiscate lawfully owned and lawfully carried
firearms. HB 400 would make it a Class A felony for any
person to knowingly confiscate, attempt to confiscate, or
order the confiscation of a firearm during a disaster
emergency. The bill would insure that the government not do
this during a time when those citizens may need their
firearms the most.
10:25:51 AM
Co-Chair Meyer pointed out the zero note accompanying the
bill.
Co-Chair Chenault asked about inclusion of the language: "A
person would forfeits any office of governmental position",
and asked if that was legal. Representative Coghill replied
that was the intent, however, at this point, it would be a
civil action. He understood there was an amendment, making
it a criminal action.
Representative Coghill advised that he concurred with both
the attached amendments.
10:28:18 AM
BRIAN JUDY, (TESTIFIED VIA TELECONFERENCE), NATIONAL RIFLE
ASSOCIATION (NRA) REPRESENTATIVE FOR ALASKA, ANCHORAGE,
testified in support of HB 400. He echoed concerns voiced
by Representative Coghill regarding what had happened in New
Orleans.
The bill would clarify that during a state of disaster,
lawfully owned firearms could not be seized from law-abiding
citizens. Additionally, it would make accountable, any
person knowingly confiscating firearms. He urged support
for the bill.
Representative Hawker MOVED to ADOPT Conceptual Amendment
#1. (Copy on File). Co-Chair Meyer OBJECTED.
Representative Hawker spoke to the grammatical change made
by the amendment. Co-Chair Meyer WITHDREW his OBJECTION.
There being NO further OBJECTION, Amendment #1 was adopted.
10:31:27 AM
Representative Hawker MOVED to ADOPT Conceptual Amendment
#2. (Copy on File). Co-Chair Meyer OBJECTED.
Representative Hawker explained the proposed change. Page
1, Line 7-10, the amendment deletes all material and would
insert Section 26.23.205, regarding confiscation of
firearms. That section provides for due process to be
exercised if the person was convicted, their office would be
forfeited. The amendment would raise the bar from simple
presumption and would require the burden of proof of a
criminal standard.
10:35:51 AM
Vice Chair Stoltze acknowledged the tough standard of
conviction. Representative Hawker referenced the original
version, which forfeited anything without regard to the
contractual contract. He did not know how it could
presently interface. He speculated that there is a
provision, if convicted, there would be consequences. The
amendment provides the form to properly address the
consequence. He spoke to automatic forfeiture.
10:37:36 AM
Representative Hawker mentioned his uncomfortableness with
the motion.
Representative Holm asked about language in Amendment #2,
Line 7, "the color of law" and that affect.
DEAN GUANELLI, CHIEF ASSISTANT ATTORNEY, CRIMINAL DIVISION,
DEPARTMENT OF LAW, pointed out that was a "term of art" and
exists in the federal civil rights law and a couple other
places in Alaska Statute. It reflects that the person doing
the act was under the cover of some lawful authority.
Representative Holm asked if it meant under the umbrella of
their position. Mr. Guanelli replied that it means that
they profess to have lawful authority.
Representative Kerttula mentioned the example of the
National Guard; they would be protected because they are
under orders. Mr. Guanelli responded that the question
would be if that person believed that it truly was a lawful
order. It would be no different than if a superior officer
orders someone to assault a person. The people must decide
for themselves whether to obey.
Representative Kerttula asked when it would be lawful to
confiscate guns. Mr. Guanelli said if a crime is being
committed, then it is lawful. Each circumstance must be
weighed separately.
10:44:56 AM
Representative Kelly wondered if the language "disaster
emergency" should be "disaster" or "emergency". Mr.
Guanelli opined that was correct. He further clarified that
the governor declares a disaster-emergency.
Representative Hawker emphasized that this is a very
sensitive issue. The amendment is intended to address a
disaster emergency situation resulting in looting. An
officer may need to secure firearms to protect citizens and
would not have to forfeit his/her job until having gone
through a court procedure. It would be a way to protect
officers acting in good faith.
Co-Chair Meyer asked Mr. Guanelli for an opinion on the
amendment. Mr. Guanelli replied that he was comfortable
with it.
10:49:32 AM
Representative Coghill commented that his intent was to
guarantee a law-abiding citizen their right to bear arms.
Co-Chair Meyer WITHDREW his OBJECTION. There being NO
further OBJECTION, Amendment #2 was adopted.
10:50:11 AM
Representative Hawker pointed out that the Department of Law
does not anticipate increased prosecutions due to the
passage of HB 400.
Representative Hawker MOVED to REPORT CS HB 400 (FIN) out of
Committee with individual recommendations and with the
accompanying zero note. There being NO OBJECTION, it was so
ordered.
CS HB 400 (FIN) was reported out of Committee with a "do
pass" recommendation and with zero note #1 by the Department
of Military & Veterans Affairs.
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