04/30/1994 01:50 PM House FIN

  SJR 39    Proposing an  amendment to the Constitution of the                 
            State of Alaska  to guarantee, in addition  to the                 
            right  of  the people  to  keep and  bear  arms as                 
            approved by the voters at the time of ratification                 
            of  the state  Constitution,  that the  individual                 
            right to keep and bear arms shall not be denied or                 
            infringed by the state or  a political subdivision                 
            of the state.                                                      
                                                                               
            SJR 39  was reported out  of Committee with  a "do                 
            pass" recommendation and with a fiscal note by the                 
            Office of the  Governor dated  1/24/94 and a  zero                 
            fiscal note  by the  Department  of Public  Safety                 
            dated 2/15/94.                                                     
                                                                               
  SENATE JOINT RESOLUTION 39                                                   
                                                                               
       Proposing an amendment to the Constitution of the State                 
       of Alaska to guarantee, in addition to the right of the                 
       people to keep and bear arms  as approved by the voters                 
       at the time of ratification  of the state Constitution,                 
       that the individual  right to keep and  bear arms shall                 
       not be denied or infringed by  the state or a political                 
       subdivision of the state.                                               
                                                                               
  PORTIA BABCOCK, STAFF, SENATOR LOREN  LEMAN, spoke to SJR 39                 
  relating to an  individual's right  to keep  and bear  arms.                 
  The  resolution  would change  the  language to  Article #19                 
  guaranteeing  an individual the right to keep and bear arms.                 
  Current  law does guarantee an  individual the right to bear                 
  arms,  although  many  have  challenged  that law  and  will                 
  continue to do so.  Current language  is ambiguous, whereas,                 
  several attempts  have been  made in  past Legislature's  to                 
  clarify  the right  of  the "individual"  citizen  to own  a                 
  firearm, whether it be for  hunting, recreation, liberty, or                 
  defense of self, home, family or state.                                      
                                                                               
  Ms. Babcock added  that there is no existing  Alaska Supreme                 
  Court interpretation of that language either as assurance or                 
  prohibition  of  that  right.    There  have  been  numerous                 
  attempts to place  restrictions on law-abiding  citizens who                 
  own  firearms,  although  the   potential  for  unreasonable                 
  firearm restrictions has become likely.                                      
                                                                               
                                                                               
                                2                                              
                                                                               
                                                                               
  REPRESENTATIVE BRIAN PORTER  spoke in  support of the  House                 
  Judiciary Committee  version of  the legislation  indicating                 
  that  firearm  laws  enacted by  the  Legislature  have been                 
  reasonable and responsible and that  there is no information                 
  available to change that fact.                                               
                                                                               
  Representative Porter commented  that the amendment must  be                 
  drafted so as to use language previously interpreted  by the                 
  courts  in  past  years.    The  House  Judiciary  Committee                 
  inserted the word  "unreasonably", in order  to read:   "The                 
  individual  right  to  keep  and  bear  arms  shall  not  be                 
  unreasonably denied or infringed by the State or a political                 
  subdivision  of  the  State."    He  added  that  the   word                 
  "unreasonable"   is   found   in   both  U.S.   and   Alaska                 
  constitutions and  that for  over 200  years there  has been                 
  protection against unreasonable searches and seizures.                       
                                                                               
  Representative Parnell  questioned the amendment  to SJR  39                 
  which would change  the level of  judicial scrutiny to  laws                 
  relating to weapons.                                                         
                                                                               
  DEAN GUANELI,  CHIEF, ASSISTANT  ATTORNEY GENERAL,  CRIMINAL                 
  DIVISION,  DEPARTMENT  OF  LAW,  declared  that  the  Alaska                 
  Supreme Court uses a sliding scale of scrutiny which applies                 
  to   the  Constitution   and   state  laws   for  protection                 
  challenges.   The highest level of  scrutiny which the Court                 
  employees is always a compelling state interest.                             
                                                                               
  Mr. Guaneli  continued that  the lower  end of  the scrutiny                 
  scale would involve scrutiny by the Court  to address rights                 
  involving  a  "rational  basis"  test.    As  long  as   the                 
  Legislature has a rational reason for  the law to pass, then                 
  the  law  will  suffice  and   will  then  comply  with  the                 
  constitution.  He thought the firearm laws would fall in the                 
  lower end category and that the amendment would increase the                 
  level of scrutiny the Courts would apply to gun laws.                        
                                                                               
  Discussion followed  between Representative Parnell  and Mr.                 
  Guaneli regarding "restriction" of firearms and the rational                 
  basis of that restriction.  Representative Porter advised of                 
  the   constitutional  right   to  privacy  which   could  be                 
  considered a "compelling" reason against the law.                            
                                                                               
  Representative   Brown  asked  if   either  version  of  the                 
  legislation   would   affect    the   "concealed    weapons"                 
  legislation.  Mr.  Guaneli mentioned a number  of provisions                 
  in the  concealed weapons  bill which  could be  struck down                 
  under a  broad right to bear  arms.  Current  law requires a                 
  person to wait ninety days to  apply for a concealed weapons                 
  permit.  He felt that this amount of time could not increase                 
  the   police's   ability   to   check   a  persons   record.                 
  Additionally, law  currently requires  that a  person be  21                 
                                                                               
                                3                                              
                                                                               
                                                                               
  years of  age before  they qualify  for a concealed  weapons                 
  permit.                                                                      
                                                                               
  Representative Brown questioned if that type of  restriction                 
  would  be   permissible  under  the   "unreasonably"  denied                 
  language.    Mr.  Guaneli  disclosed  that  those  kinds  of                 
  restrictions  would  more easily  pass a  test in  the State                 
  indicating "there being a rational basis".                                   
                                                                               
  Representative Martin  MOVED to adopt Amendment  #1 deleting                 
  "unreasonably" and  the language referenced  in Section  29,                 
  the  Application of Amendments  of Section 19  of Article 1.                 
  He understood that  keeping that  language would weaken  the                 
  national intent.                                                             
                                                                               
  Representative  Foster stated that  without Amendment #1 the                 
  House Judiciary version would return  to the proposed Senate                 
  version of the legislation.  Representative Martin explained                 
  that the Senate would not be required to accept changes made                 
  to   the  House   Judiciary  version  of   the  legislation.                 
  Discussion followed clarifying the intent  of the amendment.                 
  Representative Martin MOVED TO WITHDRAW  the MOTION to adopt                 
  Amendment #1.   There being NO OBJECTION, it was so ordered.                 
                                                                               
                                                                               
  Representative Martin MOVED  to adopt the Senate  version of                 
  SJR 39.  Representative Brown OBJECTED.                                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Parnell,       Therriault,       Foster,                 
                      Grussendorf, Hanley, Martin.                             
       OPPOSED:       Brown, Larson.                                           
                                                                               
  Representatives  Navarre,  Hoffman  and  MacLean  were   not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Representative  Foster  MOVED  to  report   SJR  39  out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was so ordered.                                                              
                                                                               
  SJR  39  was reported  out  of  Committee with  a  "do pass"                 
  recommendation and with a  fiscal note by the Office  of the                 
  Governor  dated  1/14/94  and  a zero  fiscal  note  by  the                 
  Department of Public Safety dated 2/01/94.                                   
                                                                               
  (Tape Change, HFC 94-149, Side 2).