01/30/2008 03:30 PM Senate RESOURCES

        SCR 13-AMICUS BRIEF REGARDING RIGHT TO BEAR ARMS                                                                    
                                                                                                                                
3:36:46 PM                                                                                                                    
CHAIR HUGGINS  announced SCR 13 to  be up for consideration.   In                                                               
committee  packets  was  a proposed  committee  substitute  (CS),                                                               
Version E, labeled 25-LS1327\E, Luckhaupt, 1/24/08.                                                                             
                                                                                                                                
EDDIE GRASSER, Staff  to Senate and House  Majority, Alaska State                                                               
Legislature,  presented  the  resolution  on  behalf  of  Senator                                                               
Green, sponsor.   He explained  that it requests the  governor to                                                               
file an  amicus brief on  behalf of the  State of Alaska  and its                                                               
citizens  to help  protect Second  Amendment rights  in the  case                                                               
known as  District of Columbia v.  Heller, which came out  of the                                                               
Fifth District Court, District of Columbia (D.C.).                                                                              
                                                                                                                                
CHAIR  HUGGINS  asked  whether  this is  just  joining  with  and                                                               
supporting the right to bear arms.                                                                                              
                                                                                                                                
MR.  GRASSER  said it  also  came  to  their attention  that  the                                                               
governor  is  acting on  this  and  has  given direction  to  the                                                               
attorney  general.   They're in  negotiations with  the State  of                                                               
Texas, which is gathering signatures  from several states to file                                                               
the  amicus brief.   To  his understanding,  the State  of Alaska                                                               
will sign that.                                                                                                                 
                                                                                                                                
SENATOR GREEN referred members to  the written sponsor statement,                                                               
saying the supreme  court agreed last November to  hear the case,                                                               
oral arguments  are in  early March,  and the  ruling will  be in                                                               
June.  Thus this resolution should move quickly.                                                                                
                                                                                                                                
SENATOR STEVENS requested background on the Heller case.                                                                        
                                                                                                                                
MR. GRASSER  replied it  was brought  by citizens  of Washington,                                                               
D.C.,  who  asserted their  Second  Amendment  rights were  being                                                               
infringed upon  by a  city ordinance  that bans  owning handguns.                                                               
The first part argues that  the Second Amendment is an individual                                                               
right being abrogated by the  ordinance.  The second part relates                                                               
to  their ability  to  initiate  their right  to  life and  self-                                                               
defense with  respect to this  ban.   He referred members  to the                                                               
packet, saying in 1994 Alaskan  voters overwhelmingly approved an                                                               
amendment  to the  Alaska constitution  which clarified  that the                                                               
right to keep and bear arms is an individual right.                                                                             
                                                                                                                                
3:40:26 PM                                                                                                                    
SENATOR  STEVENS moved  to  adopt  the proposed  CS  for SCR  13,                                                               
Version E, labeled 25-LS1327\E,  Luckhaupt, 1/24/08.  There being                                                               
no objection, Version E was before the committee.                                                                               
                                                                                                                                
CHAIR HUGGINS asked whether anyone  else wished to testify; there                                                               
was no response.                                                                                                                
                                                                                                                                
SENATOR  GREEN  moved  to  report   CSSCR  13,  Version  E,  from                                                               
committee  with  individual  recommendations.    There  being  no                                                               
objection, CSSCR  13(RES) was reported from  the Senate Resources                                                               
Standing Committee.