05/02/2024 03:30 PM Senate STATE AFFAIRS

             SB 229-GUN VIOLENCE PROTECTIVE ORDERS                                                                          
                                                                                                                                
4:01:24 PM                                                                                                                    
CHAIR  KAWASAKI   reconvened  the   meeting  and   announced  the                                                               
consideration of  SENATE BILL  NO. 229, "An  Act relating  to gun                                                               
violence protective orders; relating to  the crime of violating a                                                               
protective order;  relating to a central  registry for protective                                                               
orders;   relating  to   the  powers   of  district   judges  and                                                               
magistrates;  amending Rules  4  and 65,  Alaska  Rules of  Civil                                                               
Procedure,  and  Rule  9, Alaska  Rules  of  Administration;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
4:02:42 PM                                                                                                                    
CHAIR KAWASAKI opened public testimony on SB 229.                                                                               
                                                                                                                                
4:02:51 PM                                                                                                                    
ROCHELLE PARKER, representing  self, Anchorage, Alaska, testified                                                               
in  support of  SB 229.  She said  that she  is a  constituent of                                                               
Senator Claman. She stated that  she reads about incidents of gun                                                               
violence  in the  Anchorage Daily  News almost  weekly. She  said                                                               
that firearms  are the  leading cause of  death for  children and                                                               
teens  in Alaska.  Additionally,  Alaska has  the second  highest                                                               
rate of  gun suicides and the  fourth highest rate of  gun deaths                                                               
in  the nation.  She  shared  that she  is  the  parent of  three                                                               
elementary school  aged children  and expressed concern  with the                                                               
nationwide  trend  of  gun violence  in  schools.  She  expressed                                                               
frustration  with the  lack of  response from  local communities.                                                               
She shared  her belief that  SB 229 would  be a powerful  tool to                                                               
prevent mass shootings and firearm  suicide in Alaska. She shared                                                               
stories of  families impacted  by gun  violence and  gun suicide.                                                               
She  opined  that SB  229  could  have saved  those  individuals'                                                               
lives.  She  noted  that  the  National  Rifle  Association  also                                                               
supports ensuring  that dangerous individuals do  not have access                                                               
to guns. She  opined that SB 229 provides due  process to achieve                                                               
this result  without infringing on  the rights of gun  owners and                                                               
briefly described this process. She  noted that other states with                                                               
extreme risk laws  have penalties in place for  those who provide                                                               
a  false  statement She  added  that  these laws  have  withstood                                                               
constitutional  challenges.  She  emphasized  the  importance  of                                                               
taking action to stop tragedy before it arrives.                                                                                
                                                                                                                                
4:05:24 PM                                                                                                                    
VICTORIA CURRAN,  representing self, Sitka, Alaska,  testified in                                                               
support of SB  229. She shared that her life  has been touched by                                                               
gun suicide and  homicide. She stated that Alaska  has the second                                                               
highest rate  of gun suicide and  the fourth highest rate  of gun                                                               
deaths in the country. She  asserted that lawmakers should do all                                                               
they can to prevent gun  violence. She suggested that Alaska join                                                               
the 21 states already utilizing  extreme risk laws. She commented                                                               
on the role of scientific  research in creating effective policy.                                                               
She noted  that parents and  law enforcement are among  the first                                                               
to recognize  warning signs for  gun violence or gun  suicide and                                                               
briefly described  this process.  She stated  that for  every ten                                                               
extreme risk petitions  that are granted, one life  is saved. She                                                               
said  that   the  ripple  effect   of  a  single  gun   death  is                                                               
catastrophic  and emphasized  the  positive  impact extreme  risk                                                               
legislation would have had in Alaska in 2023.                                                                                   
                                                                                                                                
4:07:31 PM                                                                                                                    
OLIVIA EMERY, representing self,  Anchorage, Alaska, testified in                                                               
support of  SB 229. She said  Alaska has the second  highest rate                                                               
of gun suicide.  She shared that she lost a  family member to gun                                                               
suicide. She stated that this is  not a partisan issue and opined                                                               
that extreme risk legislation would save many lives.                                                                            
                                                                                                                                
4:08:26 PM                                                                                                                    
JANICE PARK,  representing self, Anchorage, Alaska,  testified in                                                               
support  of SB  229. She  said that  federal law  prohibits those                                                               
charged with domestic violence from  owning a gun. She added that                                                               
every month,  an average of  57 women are  killed by guns  at the                                                               
hands of their domestic partner.  She opined that an extreme risk                                                               
protective  order (ERPO)  would  protect Alaskan  women, who  are                                                               
most  often the  victim of  domestic violence  - and  who face  a                                                               
higher risk  of death by  gun at  the hands of  their significant                                                               
other than  any other state.  She said  that Alaska is  second in                                                               
the  country for  gun suicide.  She shared  a story  of a  former                                                               
Alaska legislator who  lost close family members  to gun suicide.                                                               
She urged  members to consider  the victims of  domestic violence                                                               
and the tragic  consequences of gun suicides. She  opined that SB
 could avert these. She  noted that previously introduced ERPO                                                               
legislation was supported by nearly 80 percent of gun owners.                                                                   
                                                                                                                                
4:10:43 PM                                                                                                                    
JOYANN  BLOOM, representing  self, Juneau,  Alaska, testified  in                                                               
support  of SB  229. She  expressed appreciation  for legislation                                                               
that  addresses  gun  violence in  the  state  without  impacting                                                               
second  amendment  rights. She  shared  about  a family  domestic                                                               
dispute involving  guns. She stated  that SB 229 would  provide a                                                               
cool-down  period without  access to  weapons that  could make  a                                                               
difference in  these situations. She added  that this legislation                                                               
would protect  Alaskans from gun  violence and gun  suicides. She                                                               
shared a variety  of reasons someone may reach for  a gun and act                                                               
out of rage.  She asserted that legislators are in  a position to                                                               
prevent these tragedies.                                                                                                        
                                                                                                                                
4:12:03 PM                                                                                                                    
LAURA SPAAN,  representing self, Anchorage, Alaska,  testified in                                                               
support  of  SB  229. She  said  that  she  is  a gun  owner  and                                                               
emphasized  the  importance of  being  a  responsible gun  owner,                                                               
keeping guns  out of the hands  of children and those  who are at                                                               
risk of hurting themselves or  others. She commented that this is                                                               
an act she can take as  an individual and asserted that community                                                               
action  must also  be  taken. She  emphasized  the importance  of                                                               
living in  safety and  avoiding tragedy.  She briefly  shared two                                                               
stories of gun  violence that impacted her life.  She opined that                                                               
failure to  enact laws that create  greater responsibility around                                                               
gun use and ownership is a failure to Alaskans.                                                                                 
                                                                                                                                
4:15:08 PM                                                                                                                    
DAVID  LOCKARD, representing  self, Anchorage,  Alaska, testified                                                               
in support  of SB 229.  He said that  he is an  occasional hunter                                                               
and owns two guns,  which he keeps in a gun  safe. He stated that                                                               
Alaska  ranks fourth  in the  nation for  gun-related deaths  and                                                               
second in  the nation for gun  suicides. He said an  extreme risk                                                               
law would allow  law enforcement and family  members to intervene                                                               
before  tragedy  strikes. He  pointed  out  that 21  states  have                                                               
similar laws in place and added that Alaska should follow suit.                                                                 
                                                                                                                                
4:16:13 PM                                                                                                                    
RUDY POGLITSH,  representing self, Wasilla, Alaska,  testified in                                                               
opposition to SB 229. He stated  that red flag laws do not reduce                                                               
gun  violence or  gun suicide.  He added  that, according  to the                                                               
American  Civil Liberties  Union  (ACLU) of  Rhode Island,  these                                                               
laws could  negatively impact  those who pose  no real  threat to                                                               
themselves or others. He stated that  all 50 states have laws and                                                               
procedures in place to address these issues.                                                                                    
                                                                                                                                
4:17:13 PM                                                                                                                    
GLENDA BLAYLOCK, representing  self, Anchorage, Alaska, testified                                                               
in  support of  SB  229.  She shared  that  her  family has  been                                                               
impacted  twice by  gun violence.  She said  that the  stories of                                                               
those impacted  are heartbreaking and  shared her belief  that SB
 would help save some lives in Alaska.                                                                                       
                                                                                                                                
4:18:26 PM                                                                                                                    
PETER LABARBERA,  representing self, Kenai, Alaska,  testified in                                                               
opposition  to  SB 229.  He  shared  his  belief that  there  are                                                               
already laws in place to regulate this problem.                                                                                 
                                                                                                                                
4:19:10 PM                                                                                                                    
TERRY  NICHOLS, representing  self, Anchorage,  Alaska, testified                                                               
in  opposition  to  SB  229.  He  shared  his  belief  that  this                                                               
legislation is  flawed. He  asserted that it  opens the  door for                                                               
abuse. He added that individuals'  rights could be stripped based                                                               
on  false   allegations  and  assumptions   -  and   without  any                                                               
supporting   evidence.  He   expressed  concern   about  ex-parte                                                               
warrants. He  stated that, while  21 states have  enacted similar                                                               
laws, 28 states have chosen not  to. He asserted that there is no                                                               
evidence   that  extreme   risk  laws   have  had   the  intended                                                               
consequences in any  state. He shared five states  where red flag                                                               
laws failed  - or  would have  failed and  gave this  as evidence                                                               
that red  flag laws are  not the  solution. He shared  his belief                                                               
that firearm  education starting at  a young  age (as is  done in                                                               
Wyoming)  would  teach firearm  safety.  He  stated that  SB  229                                                               
conflicts with the 2nd, 4th,  and 14th constitutional amendments.                                                               
He said  that, in the United  States v Rahimi, the  Supreme Court                                                               
held that red flag laws are unconstitutional.                                                                                   
                                                                                                                                
4:22:15 PM                                                                                                                    
SCOTT SIKKENGA, representing self,  Chugiak, Alaska, testified in                                                               
opposition to SB 229. He said  he has five children. He expressed                                                               
doubt  that decreased  access to  firearms will  result in  fewer                                                               
deaths and  asserted that increasing the  government's ability to                                                               
seize firearms  makes law abiding  citizens less safe.  He opined                                                               
that SB 229 would simply enable  the government - and a political                                                               
party  -  to  seize  firearms  from  those  they  disagree  with,                                                               
creating  an  environment  where individuals  are  "guilty  until                                                               
proven   innocent."   He   expressed  concern   with   increasing                                                               
governmental reach. He said that  current laws adequately address                                                               
this  issue.  He shared  a  story  illustrating how  friends  and                                                               
family  can  obtain  firearms from  at-risk  loved  ones  without                                                               
government intervention.                                                                                                        
                                                                                                                                
4:24:57 PM                                                                                                                    
APRIL ROCHFORD,  representing self, Anchorage,  Alaska, testified                                                               
in support  of SB  229. She said  she has two  children and  is a                                                               
member  of   the  scientific  community.  She   stated  that  she                                                               
experiences gun violence regularly  in Alaska's largest city. She                                                               
expressed concern about the possibility  of school shootings. She                                                               
offered  several  statistics to  illustrate  that  red flag  laws                                                               
result in fewer deaths.                                                                                                         
                                                                                                                                
4:27:30 PM                                                                                                                    
CHAIR KAWASAKI held public testimony on SB 229 open.                                                                            
                                                                                                                                
4:27:59 PM                                                                                                                    
CHAIR KAWASAKI held SB 229 in committee.