Legislature(2023 - 2024)BUTROVICH 205
03/25/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HJR3 | |
| SB258 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 3 | TELECONFERENCED | |
| *+ | SB 258 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 3-CONCEALED HANDGUN RECIPROCITY B/W STATES
1:36:55 PM
CHAIR CLAMAN announced the consideration of CS FOR HOUSE JOINT
RESOLUTION NO. 3(JUD) am Encouraging Congress to pass the
Concealed Carry Reciprocity Act or a similar bill.
CHAIR CLAMAN said this is the second hearing of HJR 3 in the
Senate Judiciary Standing Committee. He said today Legislative
Legal is online to answer questions raised during the first
hearing and the intention for today's hearing is to address
those questions.
CHAIR CLAMAN opened the hearing up for questions from committee
members.
1:37:50 PM
SENATOR KIEHL said one of the primary questions raised during
the previous hearing concerned the text of the proposed federal
legislation that HJR 3 endorses. He stated that the discussion
from the previous hearing focused on how reciprocity would
function. One question was whether a person who does not hold a
concealed carry permit but resides in a state that allows
permitless concealed carry, would be allowed to carry a
concealed firearm in a state that requires a permit for its
residents.
1:38:50 PM
CLAIRE RADFORD, Legislative Counsel, Legal Services, Legislative
Affairs Agency, Juneau, Alaska, expressed her understanding of
the federal reciprocity act is that it would not allow a person
to carry concealed in a state that requires a permit unless that
person possesses a concealed carry permit from their state of
residence.
1:39:21 PM
SENATOR KIEHL raised the next question and requested an
additional layer of detail. He posed a hypothetical scenario in
which a person resides in a state that allows permitless carry
at the age of 19. He asked whether, if the federal legislation
were enacted, that person could legally carry in another state
where concealed carry is only permitted for individuals 21 years
of age or older.
1:39:55 PM
MS. RADFORD stated that, based on her reading of the federal
bill, a person must possess a concealed carry permit from their
home state of residence in order to carry in another state that
either:
- has a statute allowing residents to apply for a concealed
carry license, or
- does not prohibit residents from carrying concealed firearms
for lawful purposes.
MS. RADFORD replied that if a 19-year-old does not possess a
concealed carry permit in their home state, they would not be
permitted to carry in another state that requires permit holders
to be 21 or older. The 19-year-old would not be able to
concealed carry in that state.
1:40:46 PM
SENATOR KIEHL said this answer seems to conflict with the first
answer. He cited language from U.S. H.R. 38, which is
paraphrased below:
Notwithstanding other state laws, a person who is not
prohibited by federal law from possessing a firearm,
and who is carrying valid photo identification (ID),
may possess or carry a concealed firearm in any state
that does not prohibit concealed carry, provided the
person is entitled to carry concealed in their state
of residence.
SENATOR KIEHL sought clarification on how the first two answers
align with the bill's text.
MS. RADFORD acknowledged the source of the confusion and
corrected her earlier response. She clarified that, under U.S.
H.R. 38, if a 19-year-old is entitled to carry a concealed
firearm without a permit in their home state, they would be
permitted to carry in another state that either has a statute
allowing residents to apply for a concealed carry permit or does
not prohibit permitless concealed carry by its residents for
lawful purposes.
1:43:05 PM
CHAIR CLAMAN presented a hypothetical scenario: State A issues
concealed carry permits to individuals as young as 19, whereas
State B only issues permits to those 21 and older.
CHAIR CLAMAN asked whether, under the proposed federal
legislation, a 19-year-old resident of State A, who holds a
valid concealed carry permit from State A, would be allowed to
carry concealed in State B, despite that state's higher minimum
age requirement.
1:44:06 PM
MS. RADFORD replied that is correct. She paraphrased U.S.
H.R. 38, which explained that:
A person who carries or possesses a concealed handgun
in accordance with the requirements of (a) and (b) of
that bill, may not be arrested or otherwise detained
for a violation of any law or any rule or regulation
of a state related to possession, transportation or
carrying unless there's probable cause to believe
they're doing so in a manner not provided for by
federal law.
1:44:50 PM
SENATOR TOBIN stated that, unlike Alaska, Colorado stipulates a
person must complete safety training to carry a concealed
firearm. She asked whether a person from Alaska visiting
Colorado would be allowed to carry concealed without first
completing the required safety course.
MS. RADFORD replied that she is not 100 percent certain and will
follow up with the committee.
1:45:50 PM
SENATOR TOBIN observed that the proposed federal legislation
identifies particular federal lands, such as the National Park
System, National Wildlife Refuge System, public land under the
Bureau of Land Management, and so forth. These lands would be
open to a person possessing or carrying a concealed handgun. She
said Alaska has particular stipulations with certain state and
federal lands where you can and cannot carry firearms.
SENATOR TOBIN asked whether the proposed federal legislation
would supersede enacted U.S. codes and laws.
MS. RADFORD replied that she does not typically work with
federal statutes or bills and will need to do more research to
answer the question. She said that she is not sure how this
would impact any of those current requirements.
SENATOR TOBIN stated that for the record her spouse is a federal
law officer for the Bureau of Land Management.
1:47:18 PM
SENATOR KIEHL stated that, broadly, the federal bill appears
intended to preempt state laws and functions as an act of
preemption. He referred to carve-outs beginning on page 3, line
19 of the federal legislation. He expressed his understanding
that the federal bill would not preempt Alaska laws allowing
property owners to prohibit concealed carry in their homes or
laws prohibiting concealed carry in state government buildings.
He noted that Alaska law prohibits carrying concealed firearms
in bars and daycares, among possibly other locations. He asked
whether those Alaska laws would still apply to individuals from
other states under the federal legislation, should it be
enacted.
MS. RADFORD replied that she is not certain what effect the
federal bill would have on Alaska's specific prohibitions, such
as carrying in bars. She offered to look into the matter
further, noting that while the bill references certain
properties, it does not specifically mention privately owned
properties like bars or daycares.
1:49:18 PM
CHAIR CLAMAN sought clarification about Alaska concealed carry
laws, asking whether Alaska has a concealed carry permit.
MS. RADFORD replied yes, Alaska has concealed handgun permits.
The Department of Public Safety is in charge of issuing those.
Alaskans can apply for and receive a concealed handgun permit
although it is not necessary for individuals over the age of 21.
CHAIR CLAMAN asked whether Alaska has any provisions about
reciprocity with other states.
MS. RADFORD replied yes, Alaska has a statute related to
reciprocity agreements in AS 18.65.775, and the Department of
Public Safety is authorized to enter into those agreements with
other states.
1:50:28 PM
CHAIR CLAMAN stated that in Alaska, individuals 21 years of age
and older may carry concealed without a permit, but those under
21 are required to obtain a permit. He asked whether Alaska
would honor another state's differing permit terms or require
those terms to align with Alaska's requirements.
MS. RADFORD clarified that a person under the age of 21 is
unable to receive a concealed carry permit in Alaska. It is
against criminal statutes to concealed carry under the age of
21. She deferred to the Department of Public Safety (DPS) for
requirements on concealed carry reciprocity agreements, stating
that she was uncertain how DPS determines which reciprocity
agreements to enter into with other states.
1:51:48 PM
CHAIR CLAMAN restated his question, noting that Alaska does not
allow individuals under the age of 21 to concealed carry. He
asked how DPS would handle reciprocity for a state that permits
concealed carry below that age.
1:52:39 PM
LISA PURINTON, Director, Division of Statewide Services,
Department of Public Safety (DPS), Anchorage, Alaska, answered
questions during the discussion of HJR 3. She stated that DPS
enters into reciprocity agreements with other states only when
those states have similar statutory requirements. If a state's
restrictions do not align with Alaska law, DPS would not
establish a reciprocity agreement with that state.
MS. PURINTON clarified that DPS would not enter into a
reciprocity agreement with a state that allows individuals under
the age of 21 to concealed carry, as Alaska law requires
individuals to be at least 21 years old for reciprocity to
apply.
1:53:35 PM
CHAIR CLAMAN sought confirmation that the approach DPS takes is
that Alaska will grant reciprocity to another state, but the
first test is to ensure that the restrictions in the other state
are consistent with those in Alaska.
MS. PURINTON replied that is correct.
1:53:52 PM
SENATOR TOBIN said some states have additional training
requirements or other restrictions, such as prohibiting
individuals with certain domestic violence convictions from
obtaining a concealed carry permit. She asked whether DPS has
ever entered into a reciprocity agreement with a state that has
more restrictive permitting requirements than Alaska.
MS. PURINTON said she would double-check, but explained that,
generally, to get a concealed carry permit in Alaska, an
individual must comply with state requirements and meet federal
eligibility requirements. She noted that the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) usually outlines those
federal requirements in U.S. Code. These include provisions
related to misdemeanor crimes of domestic violence, depending on
the nature of the relationship between the victim and the
defendant, along with other federally established criteria. She
reiterated that individuals must satisfy both federal and state
requirements.
1:55:24 PM
CHAIR CLAMAN invited the sponsor of HJR 3 to offer a statement
on his resolution.
1:55:30 PM
REPRESENTATIVE GEORGE RAUSCHER, District 29, Alaska State
Legislature, Juneau, Alaska, said that he has a statement from
the sponsor of federal bill, U.S. H.R. 38. He asked the bill
sponsor whether non-residents would have to abide by the conceal
and carry laws of those states. The bill sponsor answered yes.
U.S. H.R. 38 intends to allow individuals with concealed carry
privileges in their home state to exercise those rights in any
other state that allows concealed carry while still abiding by
that state's laws. The goal of the bill is to reduce confusion
and legal inconsistencies for responsible gun owners when they
travel outside their home state, while also respecting the
state's rights in the states that they are visiting.
1:56:29 PM
CHAIR CLAMAN asked who the statement is from.
REPRESENTATIVE RAUSCHER replied it is from U.S. Representative
Richard Hudson, Republican, North Carolina, District 9.
CHAIR CLAMAN sought confirmation that the statement is for U.S.
H.R. 38.
REPRESENTATIVE RAUSCHER answered in the affirmative, stating
HJR 3 encourages Congress to enact the bill, U.S. H.R. 38.
1:57:09 PM
CHAIR CLAMAN held HJR 3 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 258 Version A 3.6.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Sponsor Statement 3.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Sectional Analysis 2.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| HJR 3 Senator Tobin Document - recent studies on violent crime associated with concealed carry laws 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
HJR 3 |
| SB 258 Letter of Support - Fairbanks Native Association 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Fiscal Note DOR-PFDD 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| HJR 3 Letter of Opposition - International Association of Chiefs of Police 3.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
HJR 3 |