Legislature(2003 - 2004)
04/30/2003 01:48 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 152-CONCEALED HANDGUNS
CHAIR SEEKINS announced SB 152 to be up for consideration.
2:18 - 2:20 p.m. - at ease
MR. BRIAN HOVE, Staff to Senator Seekins, sponsor of SB 152,
explained:
In 2002, SB 242 was introduced to clarify and simplify
the procedures for recognizing concealed handgun
permits for other states. As a result of a floor
amendment offered late in the session, recognition was
limited to those permits held by individuals who had
not had a permit denied or revoked. Although the
amendment appeared to be reasonable on the surface, an
unintended consequence resulted in Texas, the most
populous state in the Union, refusing reciprocity. The
refusal is technically bureaucratic in nature, yet
presents a barrier to reciprocity. SB 152 attempts to
resolve this issue. The first section of the bill
recognizes permit holders from other states and valid
permit holders in Alaska. A second section of the
legislation requires the Alaska Department of Public
Safety to enter into reciprocity agreements with other
states when it is necessary to benefit Alaska permit
holders.
SENATOR FRENCH asked how many permits are in the state.
MR. HOVE replied that he didn't have that information, but he
would get it for him.
SENATOR FRENCH said he would also like to know how many people
apply each year and, of that group, how many are turned down.
MR. BRIAN JUDY, National Rifle Association, supported SB 152 for
the reasons stated by Mr. Hove. He reported that there are
approximately 17,600 permits outstanding in Alaska and most of
those were issued in the early years (after concealed carry
became law in 1995). Now, the bulk of the permits are renewals.
Each year approximately 35 permits are either denied or revoked
and most of those are because a person is prohibited from owning
a firearm. They would not be qualified to receive a permit in
any other state for those reasons.
SENATOR FRENCH said typically being a convicted felon is what
keeps people from being able to get a permit. He questioned
whether Alaska would receive any kind of alert if a convicted
felon were to leave this state and go to another state and get a
permit there based because the other state failure to do a
thorough check.
MR. JUDY responded yes. All the states that issue permits
background checks and most have that requirement in their state
statute. Virtually every one of those states, like Alaska,
requires that the background check be fingerprint based.
SENATOR FRENCH clarified that he was thinking about the legality
of the permit, itself, and perhaps the person changed one letter
on his name so they didn't get a good check or perhaps the check
wasn't done properly or done at all.
CHAIR SEEKINS asked if it would be difficult to get a permit
revoked if a resident here knew of a convicted felon who had
one.
MR. JUDY replied:
If it was determined that a person was in possession
of a firearm and a concealed weapon permit and they
were, in fact, ineligible for the permit because they
were prohibited from owning firearms, they could be
arrested and charged merely for possession of the
firearm. Alaska state law allows anybody who can
lawfully own and possess a firearm to carry openly. If
a person did, under the rare circumstance where a
person had a permit denied or revoked for a reason
that was not prohibiting, they could still carry
openly in Alaska and it would basically nullify their
need to go out of state in the first place.
CHAIR SEEKINS asked if there was a definition for open carry.
MR. JUDY said yes.
CHAIR SEEKINS asked whether a person that did not have a permit
to carry a concealed weapon would be deemed to be carrying
openly or carrying concealed if they put their firearm inside
the console in their car so it couldn't be seen while they were
shopping.
MR. JUDY replied, "If the firearm is carried on or around the
person and concealed, under existing law, they are required to
have a permit unless they are engaged in a lawful outdoor
activity."
Shopping would not be considered an outdoor activity and in that
case, it would be concealed and they would have to take the
firearm out of the console and have it someplace in the open.
CHAIR SEEKINS asked if there was anything in this bill that
would cause Alaskans not to be able to get reciprocity with any
other state.
MR. JUDY replied if this bill passes, we would have a fine
recognition law and an effective opportunity for the Department
of Public Safety (DPS) to enter into reciprocity agreements.
SENATOR THERRIAULT asked if had been adjudicated that carrying a
gun in a glove box is concealed and if you don't have a permit,
that's against the law.
MR. JUDY replied he wasn't positive there was case law and if a
firearm was in the trunk, that would be okay, but it would have
to be unloaded.
SENATOR THERRIAULT said he didn't understand what was meant by
on or about your person.
CHAIR SEEKINS said he didn't think it was clear either.
SENATOR FRENCH observed that AS 11.61.220, misconduct involving
weapons in the fifth degree, makes it a crime to possess a
deadly weapon concealed on the person. While he was a district
attorney, he looked at situations with guns under the seat and
didn't even think about prosecuting a person unless it was on
the person.
SENATOR THERRIAULT asked if a firearm was being carried or
concealed if it was in a purse.
SENATOR FRENCH replied he wouldn't argue that point, if the
person was in a car. District attorneys were always very aware
that Alaskan juries would give the benefit of the doubt to the
citizen.
TAPE 03-33, SIDE B
MR. JUDY said different states handle the issue differently. The
state of Oregon allows loaded and unloaded firearms to be
carried in vehicles; the state of Montana requires a concealed
weapon permit if you're carrying concealed within city limits.
Vermont doesn't require a concealed permit at all. He noted that
Representative Croft has a bill that would follow the Vermont
law.
CHAIR SEEKINS said he was concerned about the law not being
prosecuted, which could lead to selective prosecution. He
thought it would be worth looking at eliminating it.
CHAIR SEEKINS announced that SB 152 would be held in committee.
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