05/06/1999 09:15 AM Senate FIN

                                                                                                                                
 SENATE BILL NO. 130                                                                                                            
                                                                                                                                
"An Act relating to immunity for sale or transfer of a                                                                          
firearm; relating to administrative functions                                                                                   
performed by and fees charged by the Department of                                                                              
Public Safety for transfer of a firearm."                                                                                       
                                                                                                                                
                                                                                                                                
VICTOR GUNN, staff to Senator P. Kelly was invited to join                                                                      
the committee.  He read the sponsor statement into the                                                                          
record.  The bill addressed liability and unfunded                                                                              
mandates.  He said the sponsor urged passage of the bill                                                                        
from committee.                                                                                                                 
                                                                                                                                
Senator Donley indicated he supported this piece of                                                                             
legislation.                                                                                                                    
                                                                                                                                
Senator Adams asked what was an NFA firearm and does it                                                                         
include sawed off shotguns?  Mr. Gunn indicated that was                                                                        
correct.  He said it was legal for individuals to possess                                                                       
these weapons.  These individuals were law-abiding citizens                                                                     
and as indicated there had not been one of these specified                                                                      
weapons used in the commission of a crime.                                                                                      
                                                                                                                                
Senator Parnell asked how sawed off shotguns related to the                                                                     
bill.  Senator Adams said they should not be circulated                                                                         
around in the public.  Co-chair Torgerson said the question                                                                     
was outside the scope of the bill.  Senator Donley said he                                                                      
could envision law-abiding citizens in Alaska having taken                                                                      
the appropriate steps to obtain such a weapon.                                                                                  
                                                                                                                                
DEL SMITH, Deputy Commissioner, Department of Public Safety                                                                     
was invited to join the committee.  He explained the fiscal                                                                     
note.  He said they have to do a background check and that                                                                      
should be up to the Federal government and they feel they                                                                       
should not have to do this considering their cuts.  He also                                                                     
concurred with the testimony of Mr. Gunn and said that as                                                                       
far as they knew, none of these weapons had been used in                                                                        
the commission of a crime.  He further felt that BATF                                                                           
(Federal) was better capable of performing the background                                                                       
checks.  For the benefit of the committee he read the last                                                                      
paragraph of page two of the ATF Form 4.                                                                                        
                                                                                                                                
Senator Donley asked about individuals who have concealed                                                                       
weapon permits.  Mr. Smith said there was a BATF waiver                                                                         
available.  There was concern, however, that if they sign                                                                       
one they will have to sign all and it is their feeling that                                                                     
they should not be signing any.  It was a Federal                                                                               
responsibility.                                                                                                                 
                                                                                                                                
(The arrival of Senator P. Kelly was noted at approximately                                                                     
10:55 a.m.)                                                                                                                     
                                                                                                                                
Mr. Smith continued his comments.                                                                                               
                                                                                                                                
Senator Green asked regarding the ATF Form 4.  Mr. Smith                                                                        
said the form would have to be signed by the local police                                                                       
department.                                                                                                                     
                                                                                                                                
Senator Adams asked if the bill protected the public.  Mr.                                                                      
Smith responded that if there were no unexpected glitches                                                                       
it could work, however, there were no assurances.                                                                               
                                                                                                                                
Senator Leman asked about a tax of $200 that goes to the                                                                        
Federal government.  Mr. Smith said a reasonable fee could                                                                      
be charged according to this bill.                                                                                              
                                                                                                                                
Senator Wilken asked why the bill did not go to the                                                                             
Judiciary committee.  Senator Kelly deferred to the                                                                             
chairman of the Judiciary committee.                                                                                            
                                                                                                                                
Senator Leman MOVED SB 130.  Senator Adams OBJECTED.  By a                                                                      
roll call vote of 8 yeas (Torgerson, Parnell, Donley,                                                                           
Leman, Wilken, P. Kelly, Green, Phillips) and 1 nay (Adams)                                                                     
SB 130 was REPORTED OUT with individual recommendations and                                                                     
zero fiscal notes from the Department of Law and Department                                                                     
of Public Safety.                                                                                                               
                                                                                                                                
Co-chair Torgerson said he would HOLD SB 112 and SB 169                                                                         
until the next meeting of the committee.  He reminded                                                                           
members that all amendments for SB 31 and SB 32 were due by                                                                     
3:00 p.m. today in his office.                                                                                                  
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Co-chair Torgerson recessed the committee at approximately                                                                      
11:05 a.m.                                                                                                                      
                                                                                                                                
(Tape number 126, Side B, log number 000.)                                                                                      
                                                                                                                                
                                                                                                                                
SFC-99 -1- 05/06/99