Legislature(1997 - 1998)
05/07/1997 02:15 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL 141
"An Act relating to permits to carry concealed
handguns; and relating to the possession of firearms."
Representative Kohring recommended "lumping" the remaining
amendments #3, #4, #5, #6, #8 & #9 together into one
amendment. Co-Chair Therriault replied that to date, the
Committee has not cut-off members debate, noting that action
would not be taken.
Representative J. Davies MOVED to adopt Amendment #3. [Copy
on file]. Co-Chair Therriault OBJECTED.
Representative J. Davies explained that the amendment would
add include a stipulation clarifying that the applicant not
have been convicted of a domestic violence crime within a
six year period.
TUCKERMAN BABCOCK, STAFF, SENATOR LYDA GREEN, spoke to AS
11.61.200(a)(8) & (9) which prohibits the possession of a
fire arm while a person is committing a trespass in the
first or second degree while in violation of a court order
or communicating with another person in violation of a
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domestic violence order. Representative J. Davies pointed
out that the referenced standards were specific, whereas,
the amendment stipulates the six year historical standard.
A roll call vote was taken on the MOTION.
IN FAVOR: Grussendorf, J. Davies
OPPOSED: Kohring, Martin, G. Davis, Foster,
Therriault, Hanley
Representatives Kelly, Moses and Mulder were not present for
the vote.
The MOTION FAILED (2-6).
Representative J. Davies MOVED to adopt Amendment #4. [Copy
on file]. Co-Chair Therriault OBJECTED.
Representative J. Davies explained that Amendment #4 would
add further clarification of when a person would be in
violation of a notice as provided in section (c). Mr.
Babcock commented that section would change the criminal
trespass statutes for all criminal trespass in Alaska and
would not be limited to addressing permits or related to
firearms.
A roll call vote was taken on the MOTION.
IN FAVOR: J. Davies, Grussendorf
OPPOSED: Kohring, Martin, G. Davis, Foster,
Therriault
Representatives Kelly, Moses, Mulder and Hanley were not
present for the vote.
The MOTION FAILED (2-5).
Representative J. Davies MOVED to adopt Amendment #5. [Copy
on file]. Co-Chair Therriault OBJECTED.
Representative J. Davies explained that Amendment #5 would
require that an applicant not be suffering from mental
illness as defined in AS 47.30.915 within the past six
years. Mr. Babcock commented that under federal law, anyone
who has been adjudicated or committed to a mental
institution would be prohibited from possessing any firearm.
Representative Grussendorf questioned how thorough the
background checks were. Mr. Babcock responded that the
Department of Public Safety (DPS) provides a background
check requiring that a set of finger prints be taken. It is
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important when denying someone a privilege under state law
that there be a demarkation point rather than just a
doctor's recommendation. He stressed that Senator Green
would be more comfortable dealing with a set standard.
A roll call vote was taken on the MOTION.
IN FAVOR: J. Davies, Grussendorf
OPPOSED: Kohring, Martin, G. Davis, Foster,
Therriault
Representatives Moses, Mulder, Kelly and Hanley were not
present for the vote.
The MOTION FAILED (2-5).
Representative J. Davies MOVED to adopt Amendment #6. [Copy
on file]. Co-Chair Therriault OBJECTED.
Representative J. Davies noted that Amendment #6 would
provide that a person ordered by a court to complete an
alcohol treatment program or substance abuse program, not be
allowed to apply for three years following the completion of
the program. Mr. Babcock responded that current law would
only affect certain persons already banned under federal law
from carrying a firearm. The only people affected by the
proposed amendment would be people who had successfully
completed an alcohol or drug abuse program.
Representative J. Davies argued that if a person had been
ordered by a court to complete an alcohol treatment program,
would suggest that person has evidence of abuse of alcohol
or drugs.
A roll call vote was taken on the MOTION.
IN FAVOR: J. Davies, Grussendorf
OPPOSED: Martin, G. Davis, Foster, Kohring,
Therriault
Representatives Moses, Mulder, Kelly, and Hanley were not
present for the vote.
The MOTION FAILED (2-5).
Representative J. Davies MOVED to adopt Amendment #8. [Copy
on file]. Co-Chair Therriault OBJECTED.
Representative J. Davies explained that Amendment #8 would
specify that victims of domestic violence, employees or
volunteers of domestic violence shelters, would not be
liable for any injury caused in the course of defending
themselves or others in the shelter against attack.
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Mr. Babcock stated that would be limited to a conceal carry
permit statute as opposed to limiting the liability for the
employee. He suggested that it would apply only to Section
18.65 involving concealed permits. Representative J. Davies
noted that shelter operators have requested that concealed
carried weapons be specifically excluded from shelters. If
a person is carrying openly, the shelter operators would be
more comfortable. If the State makes a public policy
decision for those in the shelter, inclusion of the proposed
language would address the potential threats. Mr. Babcock
made no comment.
Representative Martin suggested that inclusion of the
language could make the shelters much safer. Mr. Babcock
noted that Senator Green would have no objection to the
concept, although, how it would apply and what the legal
ramifications would be have not been considered.
A roll call vote was taken on the MOTION.
IN FAVOR: J. Davies, Grussendorf, Martin
OPPOSED: G. Davis, Foster, Kohring, Therriault
Representatives Moses, Mulder, Kelly, and Hanley were not
present for the vote.
The MOTION FAILED (3-4).
Representative J. Davies MOVED to adopt Amendment #9. [Copy
on file]. He explained that the amendment would prohibit
the use of a handgun on a school bus or school sanctioned
event.
Representative Kohring OBJECTED for the purpose of
discussion.
Mr. Babcock commented that Senator Green suggested that the
prohibition would be better placed in AS 11.61.210(a)(7)
along with the language limiting firearms on school
property. He suggested that information was clear that it
would be prohibitive without the authorization of a school
administrator.
Representative J. Davies WITHDREW the original Amendment #9
and MOVED a new Amendment #9. [Copy on file]. He explained
that the new amendment would use the language that was in
the original Amendment #9 and would be added to subsection
(7) & (8). There being NO OBJECTION, it was adopted.
CYNTHIA HORA, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, spoke to whether posting signs in public
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places would create a sufficient basis for a criminal
trespass charge. She pointed out that even if a sign was
posted, the individual would have to be confronted before a
criminal trespass conviction could be brought forward. She
advised that Amendment #4 would address the Department's
recommended coverage.
Mr. Babcock commented that the amendment is not a concern
with regard to evidence of misconduct on either the part of
the concealed weapon holder or anyone who wishes to carry
openly in a public building. He stated that the primary
concern which the amendment would address would be to make a
major revision in the criminal trespass statute regarding
access to public buildings. He reiterated that all concerns
of the Department of Public Safety have been address in SB
141.
(Tape Change HFC 97-127, Side 2).
Co-Chair Hanley MOVED to report HCS CS SB 141 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes.
Representative Grussendorf OBJECTED to ask a question
regarding the fiscal notes. He pointed out that the initial
bill operated from program receipts, and had an added
supplemental request. Representative Grussendorf noted that
the fees had once again been reduced.
Mr. Babcock commented that the Department of Public Safety
has expressed concern that without an increase in volume,
there would be a deficit in program receipts. The Alaska
Peace Officers Association objects to lowering the fees.
Following discussion regarding the fiscal impact,
Representative Grussendorf WITHDREW the OBJECTION to moving
the bill from Committee. There being no further objection,
it was so moved.
HCS CS SB 141 (FIN) was reported out of Committee with
"individual recommendations" and with fiscal notes by the
Department of Public Safety, two dated 3/26/97 and one dated
4/3/97.
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