Legislature(2021 - 2022)BUTROVICH 205
02/01/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| SB147 | |
| SB145 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 16 | TELECONFERENCED | |
| + | SB 136 | TELECONFERENCED | |
| *+ | SB 147 | TELECONFERENCED | |
| *+ | SB 145 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS
3:32:56 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
3:33:56 PM
SENATOR ROBERT MEYER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 136 stated that this legislation seeks to protect
the Second Amendment right of citizens during a disaster
declaration.
3:34:27 PM
MICHAELA ANDERSON, Staff, Senator Robert Meyer, Alaska State
Legislature, Juneau, Alaska, stated that SB 136 was introduced
as a companion to HB 179. These bills address the closure of gun
stores, munition stores, and firing ranges during the COVID-19
pandemic because they were deemed nonessential. She stressed
that this threatened Second Amendment rights.
MS. ANDERSON explained that SB 136 clarifies the extent of the
emergency authority granted during an emergency declaration
regarding the Second Amendment and the constitutional right to
keep or bear arms. SB 136 states that during a disaster
declaration, [the governor, a state agency, or a municipality]
may not forbid possession, use, or transfer of a firearm, a
firearm accessory, ammunition, or other weapon for personal use.
The bill also states that closures or limitations on commerce
must be applied equally to all forms of commerce.
MS. ANDERSON reported that last month a three-judge panel for
the U.S. Court of Appeals for the Ninth Circuit ruled that it
was a violation of Second Amendment rights for Los Angeles
County to have ordered the closure of gun stores and shooting
ranges in 2020 in response to the COVID-19 pandemic.
3:34:58 PM
SENATOR REINBOLD joined the committee.
3:35:49 PM
MS. ANDERSON presented the following sectional analysis for SB
136:
[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
3:36:54 PM
CHAIR SHOWER asked if this not only defines what the state can
and cannot do during a disaster declaration, but also limits
what the state will do in cooperating with federal laws.
SENATOR MEYER replied the bill does not directly address what
the state can and cannot do regarding federal laws, but the
state would not help with a federal policy by issuing an order
or proclamation.
CHAIR SHOWER asked if his expert witness might have thoughts on
this considering what is happening in the rest of the country.
SENATOR MEYER said he would like to hear what Ms. Cline has to
say because she is tracking the national movement.
3:39:40 PM
AOIBHEANN CLINE, Esq., Northwest Regional Director, National
Rifle Association (NRA), Fairfax, Virginia, stated that SB 136
is drafted solely to apply to state and municipal actions.
However, the 9th Circuit Court of Appeals held in a federal case
that such actions were unconstitutional when applied by a county
ordinance.
CHAIR SHOWER asked if the federal case related to a municipal
action that was struck down as unconstitutional.
MS. CLINE replied it was a municipal ordinance in Los Angeles
County that restricted access to gun stores and ranges. A
federal three-judge panel recently ruled that was
unconstitutional under the Second Amendment of the U.S.
Constitution.
3:40:44 PM
SENATOR REINBOLD offered her reading of the language on page 1,
line 5 of the original version of SB 136, which was contrary to
her understanding of the sponsor's intent.
CHAIR SHOWER observed that she was reading from the version that
was not before the committee.
SENATOR MEYER explained that the term "notwithstanding" created
confusion in the first committee of referral and it was removed.
The point was and is that despite a disaster declaration, there
are certain things [the governor, a state agency, or a
municipality] may not do. These entities may not limit
individuals' Second Amendment rights just because a disaster was
declared.
SENATOR REINBOLD read Sec. 44.99.510, which was followed by
paragraphs (1)-(6) that delineate the actions that would be
prohibited.
(a) 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
She called it a good change but articulated her preference for
language that says nothing in the constitution can be suspended
during an emergency, only during Martial Law which only lasts 30
days. She warned that she may offer amendments to the bill.
3:43:25 PM
CHAIR SHOWER said he appreciates the bill because constitutional
rights are based on reason and the hurtle to suspend those
should be high. He acknowledged that Marshal Law may be
warranted, depending on the level of the crisis. He mentioned
Hurricane Katrina and relayed stories he heard that many people
chose not to evacuate and that police went door to door
confiscating weapons. He said this left people essentially
defenseless to protect their homes. It is an example of why
constitutional rights should be protected, he said.
He found no questions or comments and asked the sponsor if he
had any closing comments.
3:45:33 PM
SENATOR MEYER thanked the committee for hearing the bill.
CHAIR SHOWER held SB 136 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 147 Hearing Request 1.31.22.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 Presentation 2.1.22.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 Sponsor Statement.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 Support Letter Life Alaska.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 v. B Sectional Analysis.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 147 v. B.PDF |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 136_Testimony - Received as of 5.13.2021.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 136 |
| SB 147 Fiscal Note 2348 - DOA.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 147 |
| SB 145 Sectional Analysis.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 145 |
| SB 145 Sponsor Statement.pdf |
SSTA 2/1/2022 3:30:00 PM |
SB 145 |
| SB 145 Legislation Version A.PDF |
SSTA 2/1/2022 3:30:00 PM |
SB 145 |