04/28/2022 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

          SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS                                                                       
                                                                                                                                
8:04:42 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HANNAN announced that the  first order of business would                                                               
be CS FOR SENATE BILL NO.  136(CRA), "An Act relating to firearms                                                               
and other weapons restrictions."                                                                                                
                                                                                                                                
8:05:03 AM                                                                                                                    
                                                                                                                                
SENATOR  ROBERT   MYERS,  Alaska  State  Legislature,   as  prime                                                               
sponsor,  reiterated  that  SB  136  makes  sure  that  citizens'                                                               
firearms  rights  are  protected  in  the  event  of  a  disaster                                                               
declaration.                                                                                                                    
                                                                                                                                
8:05:42 AM                                                                                                                    
                                                                                                                                
MICHAELLA  ANDERSON, Staff,  Senator Robert  Myers, Alaska  State                                                               
Legislature, explained  that due to disaster  declarations around                                                               
the country,  some states mandated  complete or  partial closures                                                               
of gun stores or firing  ranges deeming them non-essential, which                                                               
threatened Second Amendment  rights.  She explained  that SB 136,                                                               
companion to HB 179, prevents  infringement on the constitutional                                                               
right to keep and bear arms.                                                                                                    
                                                                                                                                
8:08:14 AM                                                                                                                    
                                                                                                                                
MS. ANDERSON provided a brief  overview of the sectional analysis                                                               
on  SB 136  [included in  the  committee packet],  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Section 1.                                                                                                                 
     Adds new sections to Article 5 of AS 44.99.                                                                                
     a)   Establishes   that  notwithstanding   a   disaster                                                                    
     emergency  declared  under  AS 26.23.020,  a  state  or                                                                    
     municipal agency may not impose the following:                                                                             
          a. Forbid  the possession,  use, or transfer  of a                                                                    
     firearm,  a  firearm  accessory, ammunition,  or  other                                                                    
     weapon for personal use.                                                                                                   
          b.  Order   the  seizure  or  confiscation   of  a                                                                    
     firearm,  a  firearm  accessory, ammunition,  or  other                                                                    
     weapon for personal use.                                                                                                   
          c. Limit the quantity  or place other restrictions                                                                    
     on   the  sale   or   service   of  firearms,   firearm                                                                    
     accessories, ammunition, or  other weapons for personal                                                                    
     use.                                                                                                                       
          d.  Unless  the   closure  or  limitation  applies                                                                    
     equally   to  all   forms   of   commerce  within   the                                                                    
     jurisdiction,  close or  limit the  operating hours  of                                                                    
     the following:                                                                                                             
               i. An  entity engaged in the  sale or service                                                                    
     of firearms, firearm  accessories, ammunition, or other                                                                    
     weapons for personal use, or                                                                                               
               ii. An indoor or outdoor shooting range.                                                                         
          e.  Suspend   or  revoke  a  permit   to  carry  a                                                                    
     concealed handgun issued under  AS 18.65.700, except as                                                                    
     provided in AS 18.65.735 and 18.65.740; or                                                                                 
          f.  Refuse to  accept  an application  to carry  a                                                                    
     concealed  handgun, provided  the application  contains                                                                    
     the information required under AS 18.65.710.                                                                               
     b) Establishes that this section  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.                                                                                                                 
     c) Establishes that  a person may bring  a civil action                                                                    
     in superior  court if the person  is adversely affected                                                                    
     by a violation  of (a) of this section,  and the person                                                                    
     is the following:                                                                                                          
          a.  Qualified   under  state  law  to   possess  a                                                                    
     firearm,  a  firearm  accessory, ammunition,  or  other                                                                    
     weapon; or                                                                                                                 
          b. A membership organization  consisting of two or                                                                    
     more individuals eligible under  (1) of this subsection                                                                    
     that  is  dedicated   in  whole  or  in   part  to  the                                                                    
     protection of the rights of  persons who possess or use                                                                    
     firearms or other weapons.                                                                                                 
     d) Notwithstanding AS 09.17.020(f)  - (h), a prevailing                                                                    
     plaintiff under (c) of this section may recover.                                                                           
          a. The  greater amount of actual  economic damages                                                                    
     or punitive  damages in the  amount of three  times the                                                                    
     plaintiff's attorney fees.                                                                                                 
          b. Court costs; and                                                                                                   
          c. Attorney fees.                                                                                                     
     e) Defines  "State or Municipal Agency"  to include the                                                                    
     following:  University  of   Alaska  or  a  department,                                                                    
     institution,  board,   commission,  division,  council,                                                                    
     committee,   authority,   public  corporation,   school                                                                    
     district,  regional  educational  attendance  area,  or                                                                    
     other administrative  unit of a municipality  or of the                                                                    
     executive,  judicial, or  legislative  branch of  state                                                                    
     government, and includes employees of those entities.                                                                      
                                                                                                                                
     Section  2. Repeals  AS  44.99.500(g)(1)  which is  the                                                                    
     definition of a firearm accessory.                                                                                         
                                                                                                                                
8:09:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY asked whether there are dynamics being                                                                   
seen elsewhere around the country with similar circumstances.                                                                   
                                                                                                                                
MS. ANDERSON confirmed [that dynamics were observed]; however,                                                                  
she did not have a list of counties or municipalities that tried                                                                
to impose restrictions on Second Amendment rights.                                                                              
                                                                                                                                
8:11:21 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 8:11 a.m.                                                                                 
                                                                                                                                
8:11:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY questioned the bill's relevancy.                                                                         
                                                                                                                                
MS. ANDERSON  responded that she would  try to compile a  list of                                                               
examples and forward it to the committee.                                                                                       
                                                                                                                                
REPRESENTATIVE  MCCABE commented  that the  true impetus  for the                                                               
legislation started  from [hurricane]  Katrina when the  mayor of                                                               
New Orleans ordered police departments  to confiscate guns.  Many                                                               
states have dealt with this issue since, he said.                                                                               
                                                                                                                                
8:14:22 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  SCHRAGE  stressed  his  strong support  of  the  Second                                                               
Amendment and Alaskans'  right to bear arms.  He  sought a better                                                               
understanding of the impetus for the legislation.                                                                               
                                                                                                                                
8:16:57 AM                                                                                                                    
                                                                                                                                
SENATOR MYERS replied  that the bill, as drafted,  would not stop                                                               
the normal legislative  process in regard to firearms.   The bill                                                               
states  that  the  disaster  declaration  power  cannot  be  used                                                               
through the executive  branch to change those laws or  rules.  It                                                               
is a  limit on the  "disaster power" of  a governor or  mayor, he                                                               
said,  adding  that  one  would  still need  to  go  through  the                                                               
legislative process.                                                                                                            
                                                                                                                                
CO-CHAIR  SCHRAGE asked  whether  this problem  was prevalent  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
SENATOR MYERS said  he had observed it in  Anchorage; however, it                                                               
did  not  go  "as  far"  as  what  transpired  in  other  states.                                                               
Instead,  he explained,  the Municipality  of  Anchorage put  out                                                               
rules regarding what  stores could stay open or not,  and the end                                                               
result was that  larger stores were allowed to  stay open whereas                                                               
smaller "mom and pop" stores  were often under pressure to close,                                                               
which put  a significant burden on  these type stores.   The bill                                                               
would flip this burden, he said.                                                                                                
                                                                                                                                
8:19:46 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HANNAN announced that SB 136 was held over.