Legislature(1997 - 1998)
05/07/1997 08:15 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 141
"An Act relating to permits to carry concealed
handguns; and relating to the possession of firearms."
Co-Chair Therriault noted that Amendments 1 - 6 were
provided to the Committee on 5/6/97. Amendment 1 was
adopted on 5/6/97.
Representative Davies deleted lines 9 - 14 from Amendment 2.
He MOVED to adopt Amendment 2 as amended (copy on file).
Co-Chair Therriault OBJECTED. Representative Davies
explained that the amendment would prohibit concealed
weapons on school buses and in domestic violence facilities.
6
Representative Davies WITHDREW Amendment 2.
Representative Davies MOVED to adopt Amendment 7 (copy on
file). Co-Chair Therriault OBJECTED. Representative Davies
explained that the amendment would prohibit all weapons from
domestic violence facilities. He emphasized that the threat
of violence, in shelters, is high due to the emotional
situations in which victims are involved. He observed that
shelters support the amendment.
Representative Martin spoke in opposition to Amendment 7.
He suggested that women in shelters should be able to defend
themselves.
Representative Kohring stressed that individual shelters
should be given a choice. Representative Grussendorf
pointed out that the amendment was brought forward by the
shelters.
Representative Davies stressed that it is better to teach
men not to be violent than to teach women to defend
themselves against violent men.
JAYNE ANDREEN, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT testified in support of
Amendment 7. She emphasized that shelters should be safe
havens for victims of domestic violence. She pointed out
that there are children in the shelters. She cautioned that
children could be harmed if victims began shooting back at
perpetrators. She asserted that law enforcement agencies
should handle violent situations. She stressed that
shelters have good "lock down" procedures to protect
victims.
Mr. Babcock disagreed that support for Amendment 7 is
universal. He indicated that not all the shelters have
vocalized their support. He maintained that the amendment
should be contained in separate legislation. He emphasized
that shelters can post signs prohibiting weapons.
A roll call vote was taken on the MOTION to adopt Amendment
7.
IN FAVOR: Davies, Grussendorf, Moses, Therriault
OPPOSED: Mulder, Foster, Kohring, Martin
Co-Chair Hanley and Representatives Davis, and Kelly were
absent from the vote.
The MOTION FAILED (4-4).
Representative Davies MOVED to adopt Amendment 2. Co-Chair
7
Therriault OBJECTED. Representative Davies explained that
the amendment would prohibit concealed weapons from a
residence, unless the permittee first obtained permission of
an adult residing there to bring the handgun into the
residence.
In response to a question by Representative Martin, Co-Chair
Therriault clarified that the amendment only pertains to
concealed handguns.
Mr. Babcock noted that section 16 (a)(5) would add new
language into statute. This subsection would prohibit a
concealed weapon from an office of the State, federal
government or a political subdivision of the State. He
stated that the focus of the legislation is to allow a
concealed weapon permittee to go any where that they could
go with an open hand gun.
Mr. Babcock maintained that additional statutory authority
is unnecessary to restrict concealed weapons in correctional
facilities. He asserted that law enforcement agencies can
restrict open carry in their facilities without Amendment 2.
He maintained that AS 11.61.210 (a)(7) already prohibits
possession of firearms within school buildings or grounds, a
school parking lot, or while participating in a school
sponsored event. He asserted that there will never be a
case when a school bus will not be used for a school
sponsored event or to go to the school parking lot. He
concluded that concealed weapons are prohibited on school
buses, under existing state law, without written permission
of the administrator of the school or school district. He
added that the federal government already bans possession of
fire arms in federal buildings. He noted that any state
agency or political subdivision has the power to prohibit
firearms in their facilities by posting a notice. He
stated that anyone violating a trespass notice, for
concealed weapons, is subject to the same penalty as
proposed by the amendment.
Representative Davies did not think that the daily
transportation of students on school buses would be
considered a school sponsored event.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW
disagreed with comments by Mr. Babcock. He emphasized that,
in order to convict under criminal law, prosecutors have to
prove beyond a reasonable doubt that a law was violated. He
stressed that any uncertainty in the interpretation will be
construed against the State, in favor of the defendant. He
stressed that, if school buses are to be protected, specific
language should be added into statute.
8
Co-Chair Therriault expressed concern that the amendment
could pertain to any school bus. Mr. Guaneli emphasized
that a "school bus" would be a bus used to transport
students in a school sponsored activity. He did not think
that the prohibition would pertain to school buses that are
rented in the summer for other purposes.
Mr. Babcock stressed that AS 11.61.210 (a)(7) also prohibits
possession of firearms on a school parking lot. He
reiterated that the amendment is unnecessary.
Representative Martin pointed out that students are
transported by boat and airplanes. Representative Davies
clarified that it was not his intention to expand the
prohibition to include transportation of students by boat or
plane.
Representative Kohring spoke in opposition to the amendment.
He asserted that the amendment would add unnecessary
provisions.
Representative Davies MOVED to divide Amendment 2.
Representative Kohring OBJECTED.
A roll call vote was taken on the MOTION to divide Amendment
2.
IN FAVOR: Davies, Grussendorf, Moses
OPPOSED: Davis, Foster, Kohring, Martin, Therriault
The MOTION FAILED (3-6).
Co-Chair Hanley and Representatives Kelly and Mulder were
absent from the vote.
A roll call vote was taken on the MOTION to adopt Amendment
2.
IN FAVOR: Davies, Grussendorf, Moses
OPPOSED: Davis, Foster, Kohring, Martin, Therriault
Co-Chair Hanley and Representatives Kelly and Mulder were
absent from the vote.
The MOTION FAILED (3-6).
SB 141 was HELD in Committee for further consideration.
| Document Name | Date/Time | Subjects |
|---|