Legislature(2023 - 2024)BARNES 124
03/16/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB61 | |
| HB17 | |
| HB78 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 61 | TELECONFERENCED | |
| + | HB 17 | TELECONFERENCED | |
| += | HB 78 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS
8:04:11 AM
CHAIR MCCORMICK announced that the first order of business would
be HOUSE BILL NO. 61, "An Act relating to restrictions on
firearms and other weapons."
8:04:55 AM
The committee took an at-ease from 8:04 a.m. to 8:05 a.m.
8:05:20 AM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, as prime
sponsor, explained HB 61 is something that addresses events
during the time of the COVID-19 pandemic where orders were made
by governors and mayors to shut down stores that sold firearms
and ammunition ("ammo") She said HB 61 reaffirms the Second
Amendment by stipulating that the state and municipalities may
not implement new restrictions to access firearms, ammunition,
firearms accessories, or shooting ranges resulting from disaster
declarations. She turned the presentation over to her staff,
Mr. St. Clair.
8:07:17 AM
STEVE ST. CLAIR, Staff, Representative Cathy Tilton, Alaska
State Legislature, on behalf of Representative Tilton, prime
sponsor, gave the sectional analysis for HB 61
Section 1 Prohibits the State, municipalities, and
other instrumentalities from restricting the following
under a disaster declaration:
1. Possession, use or transfer of a firearm,
firearm accessory, or ammunition;
2. Ordering the seizure of the above-referenced
items; 3. Limiting the quantity or other
restrictions on the sales and services of those
items;
4. Closing or limiting the hours of operation for
retail establishments that sell and service those
items unless the closure or limitation applies to
all other forms of commerce within the
jurisdiction;
5. Closing or limiting the hours of operation for
shooting ranges;
6. Suspending or revoking a concealed carry
permit outside of current statutory provisions;
7. Refusing to accept an application for a
concealed carry permit;
8. Provides for civil action as relief for a
violation of the above-referenced prohibitions;
9. Provides definitions for "firearm" and
"firearm accessory";
Section 2 Repeals a previous definition of
"firearm accessory" found under the Alaska
Firearms Freedom Act.
MR. ST. CLAIR emphasized item 4 by stating that this is about
equity and commerce; if a disaster declaration states everything
is to be closed down, then gun stores would close too.
8:10:16 AM
MR. ST. CLAIR continued presenting HB 61 with an accompanying
PowerPoint, titled "HB 61 An Act Relating To The Restriction Of
Firearms And Other Weapons,." [hard copy included in the
committee packet]. He moved to the second slide and explained
HB 61 is critical to the Alaska way of life, including
subsistence, protection, and the constitution. He noted this
will be elaborated more throughout the presentation. He
proceeded to the third slide, titled "Firearm Restrictions
Impact on Subsistence." The slide highlights the definition of
subsistence and points out Alaska's rural communities that rely
heavily on "wild foods." He continued to the fourth slide,
which highlight firearm restrictions' impact on protection, and
he brought up examples of gun protection during animal attacks.
He continued on the fifth slide, titled "Firearm Restrictions
and Constitution," which read as follows [original punctuation
provided]:
• In January 2022 a federal appeals court ruled that
two California counties that shut down gun stores as
nonessential businesses in 2020 due to the coronavirus
pandemic, violated the Constitution's Second
Amendment.
• The Second Amendment to the U.S. Constitution
guarantees "the right of the people to keep and bear
arms." In 2008, the U.S. Supreme Court ruled in
District of Columbia v. Heller that this is an
individual right, not requiring participation in a
militia.
• In 2010, the high court ruled in McDonald v. Chicago
that the right to keep and bear arms is a fundamental
right that also applies to the states through the
Fourteenth Amendment, which bars any state from
denying liberty to any person without due process of
law.
8:14:16 AM
MR. ST. CLAIR moved to the sixth slide, titled "Nationwide
Action on Firearm Restrictions," which featured four states that
adopted similar legislation in 2021: South Dakota, Georgia, West
Virginia, and North Dakota. He continued to the seventh and
final slide, "Conclusion," which read as follows[original
punctuation provided]:
• Firearms, firearm accessories, and ammunition are a
part of the Alaskan culture and way of life.
Firearms facilitate feeding families and food
security.
• Firearms allow Alaskan's and visitors to safely
explore our beautiful state.
• The Second Amendment grants citizens the right to
bear arms.
• Bi Partisan support (SB 136 / HB 179, 2022)
8:15:47 AM
CHAIR MCCORMICK thanked the presenters for spotlighting the
importance of subsistence hunting in Alaska communities.
8:16:00 AM
REPRESENTATIVE MCCABE commented that gun stores do not only sell
guns but many items that are essential for subsistence. He does
not see this as so much of a Second Amendment gun issue, but as
essential and critical to Alaska, and a free market economy.
REPRESENTATIVE TILTON reiterated the bill does not create any
new law or change laws already here for protection, but it does
allow that - in something like the COVID-19 pandemic - there is
equity, and the stores would remain open.
8:18:53 AM
REPRESENTATIVE HIMSCHOOT asked for clarity if this is to add
firearms to the list of essential businesses.
MR. ST. CLAIR responded no; this is about equity.
REPRESENTATIVE HIMSCHOOT asked what the difference is between
equity and equality.
MR. ST. CLAIR stated he believed the words at their core are the
same thing.
8:21:33 AM
REPRESENTATIVE MEARS commented on the number of emails she had
received on the bill from both sides. She pointed out that a
lot of the protections already exist.
REPRESENTATIVE TILTON explained the bill ensures that firearm
stores remain open as essential, being that [the use of
firearms] is "such a way of life" in Alaska.
8:23:06 AM
REPRESENTATIVE RUFFRIDGE echoed Representative Mears' comment on
the number of emails received, and he said he strongly agrees
with keeping stores open and having that equity or equality for
each individual store owner. He also asked for clarity on
carrying weapons.
MR. ST. CLAIR reiterated that what this legislation does is
reinforces a person's ability to carry where one is authorized
to carry currently. It does not restrict carrying.
8:27:49 AM
REPRESENTATIVE MCCABE commented on Mayor Nagin, former mayor of
New Orleans and how he limited and confiscated firearms after
Hurricane Katrina. He confirmed this was a concern in comments
he received regarding the bill in that during a crisis you could
not rely on police protection only.
MR. ST. CLAIR replied in reference to Mayor Nagin in New Orleans
that what occurred there was found to be unconstitutional. If a
person is legally authorized to carry, that weapon cannot be
confiscated unless the individual has lost their ability to
carry due to certain circumstances.
REPRESENTATIVE MCCABE stated that an armed society with the
ability to protect itself is generally "polite."
MR. ST. CLAIR agreed with Representative McCabe.
8:30:26 AM
REPRESENTATIVE MCKAY asked how long the lockdown lasted by
former Anchorage Mayor Berkowitz. He commented on not being
able to buy shells/ammunition.
MR. ST. CLAIR replied the lockdown lasted 10 days.
REPRESENTATIVE MCKAY commented it does not matter if the
lockdown and store closure was 10 minutes or 10 days, and noted
he is a proud sponsor of HB 61.
8:31:33 AM
CHAIR MCCORMICK welcomed invited testimony.
8:31:52 AM
AOIBHEANN CLINE, Northwest Regional Director, National Rifle
Association (NRA), began her testimony, she stated, on behalf of
the tens of thousands of NRA members in Alaska in support of HB
61. The bill protects Alaska citizens' constitutional rights to
keep and bear arms from government infringement under the
declaration of an emergency disaster. The bill provides an
effective approach to balance economic rights and local control.
8:35:47 AM
REPRESENTATIVE MCCABE brought up item four on the sectional
analysis, that gun stores do not want to be singled out; they
want equity in their treatment with other businesses. He
pointed out an unnamed gun rights activist group that is in
opposition to HB 61 because of that item, and he asked for
confirmation that the NRA is in support of HB 61 because it is a
"holistic" bill; it does not single out or give preferential
treatment to gun stores.
MS. CLINE replied that is correct. The bill stresses that the
firearms industry cannot be singled out from other forms of
commerce.
8:37:53 AM
REPRESENTATIVE RUFFRIDGE commented on page 1 line 8, about
forbidding the possession or use or transfer of firearms. He
asked Ms. Cline in her testimony if she could speak more on
prohibiting during a disaster.
8:38:34 AM
MS. CLINE explained that the bill does not change current state
law, it just states that in an emergency you cannot add new
"colors of control" and change where you can and cannot carry.
8:40:36 AM
REPRESENTATIVE HIMSCHOOT referenced the COVID-19 shutdown in
Anchorage and asked for clarity on whether gun sale facilities
should be added to the list of essentials.
MR. ST. CLAIR replied there should not be a list - it is all or
nothing.
8:42:23 AM
CHAIR MCCORMICK announced future public testimony and amendment
deadlines for HB 61 [HB 61 was held over.]