Legislature(2021 - 2022)BUTROVICH 205
03/08/2022 03:30 PM Senate STATE AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SR3 | |
| SJR20 | |
| SB152 | |
| SB92 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SR 3 | TELECONFERENCED | |
| += | SB 152 | TELECONFERENCED | |
| += | SJR 20 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SJR 20-URGE PASSAGE OF HEARING PROTECTION ACT
3:36:54 PM
CHAIR SHOWER announced the consideration of SENATE JOINT
RESOLUTION NO. 20 Urging the United States Congress to pass the
Hearing Protection Act.
3:37:26 PM
TYLER NEWCOMBE, Staff, Senator Josh Revak, Alaska State
Legislature, Juneau, Alaska, introduced SJR 20 on behalf of the
sponsor, speaking to the sponsor statement,
Noise-induced hearing loss (NIHL) and tinnitus are
significant health problems among adults across the
United States. Despite the widespread availability of
traditional hearing protection devices like earplugs
and earmuffs, these preventable hearing conditions are
often the result of firearm noise exposure. When they
do occur, they can cause a significant negative impact
in the quality of life to those affected by them.
Studies from the CDC and NIOSH have shown that the use
of noise suppressors on firearms can help protect
against hearing loss. That is why the National Hearing
Conservation Association recommends their use as a
tool to mitigate the risk of hearing damage.
For safety and sporting purposes, the majority of
hunters do not want to sacrifice their auditory
situational awareness by wearing traditional hearing
protection devices in the field. Suppressors are the
only tool that reduces the noise at the source, making
the concussion of a gunshot less dangerous for the
hunter and everyone around them. This is especially
true for hunting dogs, whose ears are far more
sensitive than their human counterparts and all the
more important for younger hunters and guides who are
accompanying a hunter in the field.
While the words silencer and suppressor are often used
interchangeably, it is important to note that nothing
can completely silence gunshots. The quietest
"silenced" gunshot is still as loud as a jackhammer
striking concrete. However, a firearm suppressor can
reduce the sound signature by an average of 20 to 35
dB, roughly the same as earplugs or earmuffs.
The Hearing Protection Act was first introduced in the
U.S. House of Representatives in 2015 and in the
Senate in 2017. If enacted, it would remove
suppressors from the purview of the National Firearms
Act and reclassify them as Title 1 firearms. Doing so
would eliminate the superfluous barriers to entry that
in no way enhance public safety, while still requiring
purchasers to submit a Form 4473 and pass an FBI
background check when purchasing through a dealer.
Its passage would also result in the largest increase
of Pittman-Robertson funding in decades, adding tens
of millions of dollars to the aggregate budgets of our
nation's state wildlife agencies for the management of
wildlife resources.
SJR 20 urges congress to enact the Hearing Protection
Act and enable the 100+ million law-abiding gunowners
across our country to take an extra preventative
measure for their health without endangering the
safety of the general public
3:39:19 PM
SENATOR HOLLAND asked if those purchasing a suppressor must
submit Form 4473 because they're buying a suppresser or a
firearm.
MR. NEWCOMBE deferred the question to Knox Williams.
SENATOR HOLLAND said he was curious whether purchasing a
suppressor elicited a level of paperwork.
CHAIR SHOWER offered his experience that purchasing a suppressor
was a more detailed process than buying a firearm.
3:40:33 PM
KNOX WILLIAMS, President & Executive Director, American
Suppressor Association, Atlanta, Georgia, testified by
invitation in support of SJR 20. He paraphrased his prepared
testimony, which read as follows:
It is important to note that no device can silence the
sound of a gunshot. They are simply too loud. However,
suppressors can reduce the noise to safer levels.
That's why the CDC, the National Institute for
Occupational Safety and Health, and the National
Hearing Conservation Association all recommend the use
of suppressors as a tool to mitigate preventable
hearing damage.
Suppressors are legal to own in 42 states and are
legal to hunt with in 40, Alaska being one of them.
That said, under the current regulatory structure of
the National Firearms Act, they are one of the most
heavily regulated items available to consumers. To
legally purchase one, buyers must send in an
application to ATF that includes fingerprint cards,
passport style photos, pay a $200 transfer tax, notify
their chief law enforcement officer, and wait an
average of six to 18 months for ATF and FBI conduct a
background check and process the application.
The Hearing Protection Act would fix this, replacing
the complicated and costly antiquated process with the
same process used to buy a rifle or shotgun. Customers
and dealers would fill out a Form 4473 and still have
to pass the same FBI background check.
The use of suppressors by criminals is a near
statistical anomaly because a) they don't actually
silence anything and b) suppressed guns are harder to
conceal and there are some severe and strict federal
penalties. According to Ronald Turk in his official
capacity as the former number two at ATF, "Silencers
are very rarely used in criminal shootings. Given the
lack of criminality associated with silencers, it is
reasonable to conclude that they should not be viewed
as a threat to public safety."
Passage of the Hearing Protection Act would also
result in the largest increase in Pittman Roberts
funding in decades, adding tens of millions of dollars
to the pool of money that is divided by our nation's
state and wildlife agency.
For these reasons we urge you to pass Senator Revak's
resolution.
3:42:37 PM
MR. WILLIAMS asked whether his testimony answered the question
about Form 4473.
SENATOR HOLLAND asked if this makes it easier for individuals to
purchase noise suppressor devices to protect their hearing.
MR. WILLIAMS answered yes, it would be easier for law-abiding
citizens to purchase these devices. He added that the $200
transfer tax would not be required and an individual would be
able to visit a dealer, fill out Form 4473, and pass a
background check the same day. That currently takes 6-18 months.
He noted an electronic transfer system launched last December
and if it works as promised it will reduce wait times to about
90 days.
CHAIR SHOWER asked him to describe the penalties if someone is
stopped by law enforcement and does not have the required
paperwork.
MR. WILLIAMS stated that the use of a suppressor in the
commission of a crime carries a 5 year and $250,000 penalty
CHAIR SHOWER added that the possession of a suppressor is tied
to a person and that person must have the paperwork in their
possession when using the suppressor.
3:45:01 PM
CHAIR SHOWER asked whether the [Hearing Protection] Act changes
the way somebody could sell a suppresser or if it stays the same
as selling a firearm.
MR. WILLIAMS answered that should the Hearing Protection Act
pass, the way fees are transferred would change. In addition,
suppressors would be removed from the federal registry that
maintains the database on anybody who has purchased a National
Firearms Act of 1934 (NFA) item and the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) would be required to
destroy those personal records. Suppressors would be
reclassified as firearms so the same rules for transfer would
apply as for a firearm.
CHAIR SHOWER recapped the current and said he also wanted to
dispel the myth about real suppressors. They are not small; the
sound is only reduced, not silenced; and they are expensive.
3:47:57 PM
SENATOR KAWASAKI asked why suppressors were originally placed in
the National Firearms Act.
MR. WILLIAMS replied the history is not clear, although there
are several conjectures. What is clear is that the silencer
provision in the National Firearms Act was never part of the
congressional debate.
3:50:27 PM
SENATOR KAWASAKI asked what the $200 transfer tax goes to.
MR. WILLIAMS replied ATF sees none of that money; it goes into
the general fund of the US Treasury.
CHAIR SHOWER highlighted that $200 was a lot of money when the
transfer tax was initiated and few people could afford it. He
asked Mr. Williams to comment.
MR. WILLIAMS explained that President Franklin D. Roosevelt and
his attorney general Homer Cummings wanted to ban guns, but they
knew they didn't have the statutory authority to do so. The
solution was to levy a tax that was cost prohibitive. The cost
of a suppressor was $5-7 and the added $200 tax effectively
killed the suppressor industry for the next 50-60 years.
CHAIR SHOWER asked if there was any additional invited
testimony.
3:53:23 PM
EMMA TORKELSON, Staff, Senator Josh Revak, Alaska State
Legislature, Juneau, Alaska, said Jennifer Yuhaf was probably on
line if there were any questions.
CHAIR SHOWER asked Ms. Yuhaf if she had anything to add.
3:53:51 PM
JENNIFER YUHAF, representing self, Fairbanks, Alaska, testified
by invitation in support of SJR 20. She stated that she is a
firearms safety instructor who teaches basic pistol, rife, and
home firearms safety. She stated that SJR 20 is about safety and
revenue. As a safety instructor she questions why it should be
more difficult to obtain a safety device for a firearm than to
obtain a firearm. Clearly, it should not. Part of safety is
protecting one's hearing and part is being proficient with
firearms. She opined that allowing easier access to a safety
device for hearing will encourage other safety practices. The
second piece is that being able to purchase these safety devices
for firearms will generate revenue for the state budget.
3:55:51 PM
CHAIR SHOWER held SJR 20 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 152 FN.pdf |
SSTA 3/8/2022 3:30:00 PM |
SB 152 |
| SB 152 CS.pdf |
SSTA 3/8/2022 3:30:00 PM |
SB 152 |
| SB92 FN FCS.pdf |
SSTA 3/8/2022 3:30:00 PM |
SB 92 |
| SB92 FN DPS.pdf |
SSTA 3/8/2022 3:30:00 PM |
SB 92 |