04/06/2006 08:30 AM Senate JUDICIARY

                HB 400-CONFISCATION OF FIREARMS                                                                             
                                                                                                                                
9:35:54 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  400(FIN)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHN  COGHILL  informed  the  committee  that  he                                                               
addressed  the concerns  of the  committee in  the previous  bill                                                               
hearing of  how to  handle people  in governmental  positions who                                                               
violated  an  oath of  office.  He  deferred  to Mr.  Guaneli  to                                                               
explain an amendment that he was prepared to offer.                                                                             
                                                                                                                                
DEAN  GUANELI, Chief  Assistant Attorney  General, Department  of                                                               
Law (DOL), advised  the committee that he checked  on the various                                                               
public  officials that  could  be subject  to  the provision  and                                                               
crafted  a mechanism  for achieving  the removal  of office.  The                                                               
primary people who  would be subject to the  provision are police                                                               
officers who  would use their  authority to  confiscate firearms.                                                               
Potentially  the  governor or  the  mayor  could come  under  the                                                               
provision but it would be unlikely.                                                                                             
                                                                                                                                
9:39:15 AM                                                                                                                    
MR. GUANELI  proposed the  amendment and  said it  basically said                                                               
that a person convicted under  the crime of confiscating firearms                                                               
under disaster  circumstances would  be subject to  revocation of                                                               
the person's police officer certificate.  Subsections (2) and (3)                                                               
address  elected public  officials.  This  doesn't eliminate  the                                                               
possibility of a lawsuit but it  does say that a person convicted                                                               
would  be subject  to impeachment.  Subsection  (3) outlines  the                                                               
removal of  elected officials. The  proposed amendment  would use                                                               
existing statutory  mechanisms to  provide for  the removal  of a                                                               
person from office.                                                                                                             
                                                                                                                                
9:42:28 AM                                                                                                                    
SENATOR  GRETCHEN  GUESS asked  Mr.  Guaneli  whether there  were                                                               
public safety officials that wouldn't fall under the provision.                                                                 
                                                                                                                                
MR. GUANELI  replied that Village Public  Safety Officers (VPSOs)                                                               
fall under the  authority of the Alaska State Troopers  and it is                                                               
a very loose  administrative approval process so  that presents a                                                               
problem.                                                                                                                        
                                                                                                                                
CHAIR SEEKINS noted  they wouldn't have a  certification to lose,                                                               
although they would lose their position.                                                                                        
                                                                                                                                
9:44:56 AM                                                                                                                    
SENATOR  GUESS asked  whether a  VPSO would  get an  exemption if                                                               
they were directed by a trooper to confiscate firearms.                                                                         
                                                                                                                                
MR. GUANELI  said the intent  is that  they would not  fall under                                                               
the exemption but by law they have peace officer authority.                                                                     
                                                                                                                                
SENATOR GENE THERRIAULT moved Amendment 1.                                                                                      
                                                                                                                                
                                                      24-LS1543\X.1                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 400(FIN)                                                                                                         
                                                                                                                                
Page 1, line 7, through page 2, line 1:                                                                                         
     Delete all material and insert:                                                                                            
          "Sec. 26.23.205. Confiscation of firearms. (a) A                                                                    
     person convicted of  official misconduct under AS 11.56.850,                                                               
     or   interference    with   constitutional    rights   under                                                               
     AS 11.76.110,  as a  result of  confiscating, attempting  to                                                               
     confiscate,  or ordering  the  confiscations  of a  firearm,                                                               
     under color of law, during a disaster emergency,                                                                           
               (1)  forfeits any appointed government position                                                                  
     and,  if  under  the  jurisdiction   of  the  Alaska  Police                                                               
     Standards Council, is subject  to revocation of the person's                                                               
     police certification;                                                                                                      
               (2)  is subject to impeachment under art. II,                                                                    
     sec. 20, Constitution of the State of Alaska; or                                                                           
               (3)  is subject to having the person's elected                                                                   
     municipal  office  declared  vacant  under  AS 29.20.170  or                                                               
     29.20.280.                                                                                                                 
          (b)  This section does not apply if the person is                                                                     
     acting  as  a  private  citizen who  has  been  directed  to                                                               
     confiscate a  firearm by another whom  the person reasonably                                                               
     believes  to be  a peace  officer  or active  member of  the                                                               
     armed forces or militia.                                                                                                   
          (c)  A conviction described in (a) of this section is                                                                 
     an offense involving a violation of the oath of office for                                                                 
     purposes of AS 29.20.170 or 29.20.280."                                                                                    
                                                                                                                                
Hearing no objections, the committee adopted the Amendment 1.                                                                   
                                                                                                                                
SENATOR THERRIAULT  asked for clarification  whether there  was a                                                               
clear  definition  of  confiscation.   He  posed  a  hypothetical                                                               
situation  of  a person  stealing  his  neighbor's firearm  in  a                                                               
disaster situation in order to protect himself.                                                                                 
                                                                                                                                
MR. GUANELI responded that was  discussed in other committees and                                                               
everyone  recognized that  the taking  of  a weapon  in order  to                                                               
protect  the  public  would  not   be  something  the  DOL  would                                                               
prosecute.                                                                                                                      
                                                                                                                                
9:48:15 AM                                                                                                                    
SENATOR GUESS said  a police officer that suspects  that a person                                                               
intends to  harm another  would have  the duty  and the  right to                                                               
confiscate that weapon.                                                                                                         
                                                                                                                                
MR. GUANELI added  that HB 400 is not intended  to prevent police                                                               
officers from stopping criminal activity.                                                                                       
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved SCS  CSHB 400(JUD)  from committee                                                               
with  individual  recommendations   and  attached  fiscal  notes.                                                               
Hearing no objection, the motion carried.