Legislature(2023 - 2024)BELTZ 105 (TSBldg)
02/23/2023 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB63 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 63 | TELECONFERENCED | |
SB 63-LIMITATIONS ON FIREARMS RESTRICTIONS
1:31:42 PM
CHAIR DUNBAR announced the consideration of SENATE BILL NO. 63
"An Act relating to restrictions on firearms and other weapons."
CHAIR DUNBAR invited Senator Kawasaki to introduce the bill.
1:32:39 PM
SENATOR BJORKMAN joined the committee.
1:32:50 PM
SENATOR SCOTT KAWASAKI, District P, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 63, introduced the bill. He said
the Second Amendment is a tried-and-true right that is honored
in the state of Alaska. Alaskans have a strong belief in
individualism and the right to bear arms. During the recent
state emergency declaration, the state deemed cannabis shops and
alcohol dispensing stores essential. They were allowed to stay
open, but gun shops were not. He said SB 63 proposes changing
that and recognizing gun stores as essential.
SENATOR KAWASAKI said there are good reasons why in recent
years, Idaho, Kansas, Louisiana, Montana, North Dakota, Ohio,
South Dakota, Texas, West Virginia, and Wyoming passed
"emergency power" laws. Temporarily closing gun stores could
give rise to a variety of safety and law enforcement concerns,
such as:
- An Increase in Investigation Delays Related to Gun Tracing.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
relies on physical sales records to trace guns recovered in
crime scenes. Federal law requires firearm dealers to keep these
records in their dealerships. He said that temporary closures
slow ATF's ability to examine records, which could delay law
enforcement's ability to trace guns and solve crimes.
1:34:34 PM
- An Increase in the Purchase of Black-Market Firearms.
Firearm buyers may resort to black-market firearm purchases,
which undermines the background check system. Brick-and-mortar
dealerships must conduct background checks on would-be gun
owners in Alaska; however, private sellers are not required to
run them. He said closing well-regulated, licensed dealerships
has the potential to drive more buyers to unregulated markets,
where felons, domestic abusers, and people who probably should
not own guns avoid background checks. He stated that it is
preferable that Americans get guns from reputable dealers and
Alaska has many.
- An Increase in the Purchase of Do-It-Yourself (DIY) Gun Kits.
There may be an increase in the purchase of parts and kits to
build do-it-yourself guns from online retailers. A background
check is not required to purchase parts and DIY kits. DIY gun
kits are used to build "ghost guns," which are so named because
they lack serial numbers. He said that police cannot trace ghost
guns recovered at crime scenes.
- An Increase in Gun Store Break-Ins and Thefts
Gun stores may become targets for break-ins and theft if they
are closed during an emergency. This was a growing area of
national concern even before the COVID-19 outbreak. High-volume
gun store robberies increased in recent years, and theft may
increase if the state requires temporary dealership closures.
SENATOR KAWASAKI said the right to keep and bear arms is sacred
to Alaskans and ensuring this right is essential, especially
during an emergency declaration. It is the correct policy
decision. He noted that the Senate overwhelmingly supported this
measure in the previous legislature, but it got locked up on the
House floor on the last day of the session.
1:36:55 PM
CHAIR DUNBAR invited Joe Hayes to put himself on the record to
present the sectional analysis.
1:37:07 PM
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, briefly summarized the following
sectional analysis for SB 63:
Sec. 1. Pages 1 3 lines 4 - 1 Amends AS 44.99 adding
new sections to article 5.
AS 44.99.510. Infringements on the right to keep and
bear arms; disaster.
• Establishes that during a disaster emergency
declared under AS 26.23.020, the governor, a state
agency, or a municipality may not issue or adopt an
order, proclamation, regulation, ordinance, or
policy regarding the following.
1. Forbidding the possession, use, or transfer of a
firearm, a firearm accessory, ammunition, or other
weapon for personal use.
2. Ordering the seizure or confiscation of a firearm, a
firearm accessory, ammunition, or other weapon for
personal use.
3. Limiting the quantity or placing other restrictions
on the sale or service of firearms, firearm
accessories, ammunition, or other weapons for
personal use.
4. Clarifies the closure or limitation of commerce must
apply equally to all forms of commerce within the
jurisdiction, and cannot selectively close or limit
the operating hours of the following:
Entity engaged in the sale or service of firearms,
firearm accessories, ammunition, or other weapons for
personal use.
Operation of an indoor or outdoor shooting range is
prohibited.
5. Suspending or revoking a permit to carry a concealed
handgun issued under AS 18.65.700, except as
provided in AS 18.65.735 (Suspension of permit) and
AS 18.65.740 (Revocation of permit; appeal.)
6. Refusing to accept an application to carry a
concealed handgun, provided the application contains
the information required under AS 18.65.710.
(Application for permit to carry a concealed
handgun).
• Clarifies that AS 44.99.510 does not apply to the
possession of a firearm, a firearm accessory,
ammunition, or other weapon by a person who is
prohibited from legally possessing a firearm, a
firearm accessory, ammunition, or other weapon under
state law.
• Establishes that a person may bring a civil action
in superior court if a person is adversely affected
by a violation of AS 44.99.510(a) and is one of the
following.
1. Individual is qualified under state law to possess
a firearm, firearm accessory, ammunition, or other
weapon.
2. A membership organization consisting of two or more
individuals that are qualified under state law to
possess a firearm, firearm accessory, ammunition, or
other weapon; and is dedicated in whole or in part to
the protection of the rights of persons who possess or
use firearms or other weapons.
• Clarifies that notwithstanding AS 09.17.020(f) - (h)
of Chapter 17. Civil Damages and Appointment of
Fault, a prevailing plaintiff may recover the
following: greater amount of actual economic damages
or punitive damages in the amount of three times the
plaintiff's attorney fees, court costs, and attorney
fees.
AS 44.99.595. Definitions. In AS 44.99.500 - 44.99.510
• Provides a definition for "Firearm" in AS 11.81.900.
• Provides a definition for "Firearm accessory" means
an item that is used in conjunction with or mounted
on a firearm but is not essential to the basic
function of a firearm, including a telescopic or
laser sight, magazine, flash or sound suppressor,
folding or aftermarket stock and grip, speedloader,
ammunition carrier and light for target
illumination.
Sec. 2 Page 3, Line 2 Repeals AS 44.99.500(g)(1).
1:37:56 PM
SENATOR GIESSEL asked for more information about the repeal of
AS 44.99.500(g)(1).
MR. HAYES deferred the question to the Department of Public
Safety (DPS).
1:38:37 PM
LISA PURINTON, Chief, Criminal Records and Identification
Bureau, Division of Statewide Services, Department of Public
Safety (DPS), Anchorage, Alaska, replied that SB 63 repeals the
definitions for:
- firearm accessory;
- generic and insignificant parts of a weapon, including
springs, screws, nuts, and pins;
- manufactured, which means a firearm, a firearm accessory, or
ammunition that has been created from basic materials for
functional usefulness, including forging, casting, machining,
or other processes for working materials.
1:41:17 PM
CHAIR DUNBAR asked how the repealer relates to the broad purpose
of emergencies or achieves the goal of preventing confiscation
during an emergency.
MR. HAYES replied that new definitions in Sec. 44.99.520 replace
the repealer definitions.
SENATOR GIESSEL mentioned that the public could find Sec.
44.99.520 on page 2, line 27 through page 3, line 1. The section
defines "firearm and firearm accessory."
1:42:07 PM
SENATOR GRAY-JACKSON asked whether SB 63 creates a private right
of action wherein an individual officer, national guardsman, or
aid worker could be sued for doing their job to protect the
public.
1:42:32 PM
MR. HAYES asked Senator Gray-Jackson to repeat the question.
SENATOR GRAY-JACKSON asked whether SB 63 creates a private right
of action where individual officers, national guardsmen, or aid
workers could be sued for doing their jobs to protect public
safety.
MR. HAYES replied that he was unsure on what grounds a person
could bring a suit since SB 63 proposes the same recognition for
gun stores as cannabis and alcohol dispensing stores.
SENATOR GRAY-JACKSON said she would like to discuss the question
offline.
SENATOR KAWASAKI replied that according to Title 26, Alaska
Disaster Act, a governor can take certain enforcement actions in
an emergency. SB 63 states that the governor may not issue or
adopt orders, proclamations, regulations, or ordinances that
prevent a firearm or firearm accessories store from opening.
1:44:57 PM
SENATOR GRAY-JACKSON directed attention to page 2, subsection
d(1), which speaks to economic and punitive damages. She asked
why punitive damages were included in the bill and in the amount
of three times the fees.
SENATOR KAWASAKI replied that treble damages are a fairly
specific part of law where it is triple the actual cost. He said
he wanted a specific penalty in place, so a plaintiff that
brings an action against the state could collect damages. He
suggested an attorney might speak better to the question.
1:46:10 PM
SENATOR DUNBAR asked if Senator Gray-Jackson would like to hear
from the Department of Law representative.
SENATOR GRAY-JACKSON said that would be fine.
1:46:36 PM
MARSHALL HARBIN, Assistant Attorney General, Labor and State
Affairs Section, Civil Division, Department of Law, Anchorage,
Alaska, answered questions about SB 63. He noted, for context,
that the Alaska Disasters Act has a provision that speaks to a
government official convicted of official misconduct or
interference with constitutional rights due to attempting to
confiscate a firearm during a disaster emergency. The official
could be subject to impeachment and forfeit any appointed
government position. He pointed out that during Hurricane
Katrina, a movement for private cause of action began because
New Orleans law enforcement took a lot of firearms from
individuals. A big declaratory judgment required the state to
return guns to their owners. He said that in this type of
situation, attorney's fees apply even though an individual is
not sued. He said he was not involved in the development of this
legislation, so he had little to add about treble damages. He
will get back to the committee if members want clarification.
SENATOR GRAY-JACKSON responded that would be fine.
1:49:06 PM
CHAIR DUNBAR asked whose interpretation it is that only the
governor would be subject to this private right of action. He
wondered whether a lower-level official or frontline worker,
like a police officer, could be sued under this cause of action.
MR. HARBIN replied that he would confer with colleagues on that
question. He said his interpretation of the bill is that it
seeks to avoid an individual liability situation. This bill
prevents the governor or state subdivision from issuing a
document allowing the seizure of firearms. He said he would get
back to the committee on whether a lower-level official or
frontline worker could be individually liable.
CHAIR DUNBAR said that the committee would appreciate that
analysis. He would like to know whether the remedy of injunctive
relief or specific performance is more typical than treble
damages for this type of law. He asked about the governor's
liability, in a personal capacity, if treble damages apply to
this bill.
MR. HARBIN replied that he would provide an analysis.
1:51:17 PM
SENATOR GIESSEL asked whether a legal memo accompanied SB 63.
SENATOR KAWASAKI answered no.
MR. HAYES commented that an invited testifier might be able to
answer some of the questions.
1:51:49 PM
CHAIR DUNBAR advanced to invited testimony and asked Ms. Cline
to put herself on the record and provide her testimony.
1:52:00 PM
AOIBHEANN CLINE, State Director, National Rifle Association
(NRA), Boise, Idaho, gave invited testimony in support of SB 63
and provided the following written testimony:
[Original punctuation provided.]
Thank you for the opportunity to testify in support of
SB 63 on behalf of the NRA's tens of thousands of
members in Alaska.
SB 63 protects Alaskans' constitutional rights to keep
and bear arms from government infringement during
emergency disaster declarations.
SB 63 prevents the State and municipalities from
acting under the color of a disaster emergency
declaration to arbitrarily infringe on Alaskan's
rights to keep and bear arms.
This bill also avoids improperly placing the burden of
proof on the business owner to establish that a
firearms business is critical or essential in an
emergency.
At the core of the Second Amendment is the right to
self-defense. The importance of this right is elevated
in times of chaos, uncertainty, and emergency.
Alaskans must be able to access firearms, ammunition,
shooting ranges and other essential firearms-related
businesses during times of emergency.
SB 63 provides a thoughtful and effective approach to
balance Second Amendment rights and local control.
In recent years, the NRA has worked with 10 states to
implement or expand emergency powers protections,
similar to SB 63.
Damages are a deterrent. Violation of an individual's
fundamental right in violation of the constitution and
Alaska state law should SB 63 pass, deserve strong
legal recourse.
I respectfully request your support of SB 63.
1:53:42 PM
SENATOR GRAY-JACKSON clarified that the bill number is SB 63.
1:54:19 PM
CHAIR DUNBAR opened public testimony on SB 63
1:54:52 PM
MARIAN CLOUGH, representing self, Auke Bay, Alaska, testified in
opposition to SB 63. She stated that she supports a citizen's
right to bear arms. This bill is not about protecting gun
ownership but about giving gun dealers special privileges. It
invites needless expense and distracting legal battles. She said
that the government is supposed to protect citizens in
disasters. She asked how guaranteeing gun stores and ranges
remain open help deal with fires, tsunamis, landslides, floods,
or volcanic eruptions. She questioned whether Alaska law should
guarantee the right of gun stores to remain open for rioters in
the event of an armed riot. She said that SB 63 mandates gun
shops and gun ranges remain unregulated, unlike every other
profession, business, or gathering. This makes no sense. She
asked whether state law mandates cannabis and liquor stores stay
open or does it take power away from the governor. SB 63 does
not discuss the seizure of firearms; the bill is about mandating
that gun ranges and gun shops remain open. SB 63 incentivizes
politically motivated individuals and interest groups to enforce
the law through private lawsuits. She wondered if there are
other laws that triple attorney fees. She asked the committee to
ensure that state and municipal agencies have the ability to
respond to disasters unencumbered by the political agendas of
interest groups.
1:57:15 PM
JOHN SONIN, representing self, Douglas, Alaska, testified in
opposition to SB 63. He said the last shop that should be open
during an emergency is a gun shop. He drew attention to the
argument about gun tracing, stating the more significant issue
is prioritizing the safety of Alaskans against misanthropic-type
individuals who might purchase firearms or ammunition during an
emergency declaration. The priority during an emergency
declaration is feeding people and ensuring safety.
1:59:33 PM
SENATOR GIESSEL asked Mr. Sonin to clarify whether he is for or
against SB 63.
MR. SONIN expressed his belief that he is against SB 63.
1:59:59 PM
ANN GIFFORD, representing self, Juneau, Alaska, testified in
opposition to SB 63. She said that the concept behind the bill
is fundamentally flawed. The sponsor statement discusses keeping
gun stores open; however, the bill is much broader. It prohibits
the governor and other officials from issuing any kind of order
that forbids the possession or use of firearms during an
emergency, among other things. Restrictions on firearms during
an emergency happen all the time, and reasonable restrictions
are almost universally considered constitutional. She expressed
her belief that Alaskans do not want to tie the hands of the
governor or local officials in an emergency. At times the state
needs to restrict access to certain areas to keep people safe
and prevent theft. The state might need to set up temporary
shelters and field hospitals. Gun restrictions prevent looting
in these places, and it is no different than prohibiting vehicle
traffic in a restricted area. She said sometimes restrictions
keep people safe, and restricting an individual's right to carry
a gun is the same type of thing. She asked the committee to make
it possible for Alaskan leaders to respond effectively in an
emergency.
2:02:33 PM
CHAIR DUNBAR said that testifiers can send additional written
comments to his office or the committee for distribution to
members.
2:02:59 PM
TAMARA ROSELIUS, representing self, Fairbanks, Alaska, testified
in opposition to SB 63 as a mom in a gun-owning family and for
Moms Demand Action for Gun Sense - Alaska Chapter. She said that
the question of who decides who can take guns where and when
during an emergency is better left to trained professionals,
local municipalities, state officials, and agencies. She said an
immediate, on-the-ground response to dangerous conditions
matters most in an emergency. Alaskans trust elected officials
to do their jobs; likewise, Alaskans trust public safety
agencies and trained emergency safety personnel to do theirs.
This is why the state has emergency management. She noted that
her nephew received years of emergency management training to
work in the public safety sector, emphasizing that legislators
do not receive this training. She said the Senate is asking for
trouble, putting politics above the expertise of trained public
safety professionals during emergency management. She said SB 63
goes too far and is unnecessary because the limits on state
authority and guaranteed rights exist and remain in full effect
during an emergency, according to art. I, sec. 19, Constitution
of the State of Alaska. She referred to the Department of Law
statement concerning existing penalties against elected
officials, stating triple damage penalties and private actions
against public safety officers are unnecessarily excessive. An
emergency does not threaten the guaranteed right to own arms;
however, taking public safety from the hands of trained
emergency safety personnel and putting it in the hands of the
legislature does. She urged the committee not to move SB 63 from
the committee for these reasons.
2:05:24 PM
ROCHELLE PARKER, Member, Moms Demand Action for Gun Sense -
Alaska Chapter, Anchorage, Alaska, testified in opposition to SB
63. She said that it does not make sense to restrict the
government's ability to make public safety decisions during a
disaster when there are a multitude of unknowns to consider. For
instance, it would not make sense to prohibit state or municipal
leadership from regulating firearms within temporary shelters
run by the military, the Red Cross, or the government after a
significant earthquake. People can behave irrationally in
disaster situations, and municipal or state leaders might need
to take necessary measures to prevent theft or violence. This
bill is an unnecessary broadening of Alaska's preemption law; it
already prevents local authorities from overriding state policy
on firearms. She said that as a mother of young children, she
wishes that the legislature would quit wasting time on this type
of bill and focus on more pressing issues. She said that the
legislature's main focus should be better funding for public
schools and preventing gun violence and suicide in Alaska
communities.
2:07:06 PM
LUANN MCVEY, Volunteer, Moms Demand Action for Gun Sense -
Alaska Chapter, Juneau, Alaska, testified in opposition to SB
63. She said that she does not understand the logic behind
legislation that blocks the governor, state agencies, or
municipalities from acting to restrict the possession, use, or
sale of:
- firearms,
- firearm accessories,
- ammunition, or
- other weapons
during a disaster emergency. This includes not allowing the
governor, state agencies, or municipalities to temporarily close
gun stores or ranges.
MS. MCVEY said emotions tend to run hot during such an
emergency, which may necessitate gun sales or gun use
restrictions to limit the chaos that can erupt when angry people
have easy access to firearms. She believes that state leaders
have the ability to discern when limits are necessary. She urged
the committee not to take away a tool that state leaders could
use for constructive purposes to disarm those who might cause
harm to others. Guns are not the answer to human strife,
especially during a declared disaster emergency. She urged
members not to pass SB 63 from committee.
2:08:47 PM
ANTONIA LEONARD, representing self, Wasilla, Alaska, stated she
is undecided whether she opposes or supports SB 63. She said she
would like a gun around if her liberty or children were
threatened. She said that she does not own a gun or really like
guns, but she knows people who do. She said this is a sensitive
subject and suggests Alaskans listen to all viewpoints.
2:10:30 PM
CHAIR DUNBAR closed public testimony and held SB 63 in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2. SB 63 vers. A.PDF |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |
| 7. SB 63 - FN DOL.pdf |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |
| Emergency Powers Table (2-8-23).pdf |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |
| Martinez v Villanueva - Emergency Powers.pdf |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |
| Texas_legal opinion_local gov code cannot restrict firearm sales through emergency declaration.pdf |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |
| 1. SB 63 Sponsor Statement vers. A.pdf |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |
| 3. SB 63 Sectional Analysis vers. A.pdf |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |
| 4. SB 63 - LOS Since 2.23.23_Redacted.pdf |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |
| 5. SB 63 - LOO since 2.23.23_Redacted.pdf |
SCRA 2/23/2023 1:30:00 PM |
SB 63 |