Legislature(2005 - 2006)HOUSE FINANCE 519

03/07/2006 09:00 AM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 399 ELDER FRAUD AND ASSISTANCE/OPA TELECONFERENCED
Heard & Held
+ HB 400 CONFISCATION OF FIREARMS TELECONFERENCED
Moved CSHB 400(FIN) Out of Committee
+= HB 485 STATE PHARMACISTS/DOCTORS/AUDITOR EXEMPT TELECONFERENCED
<Bill Hearing Rescheduled to 1:30 mtg>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 324 BAN ORANGE HAWKWEED/PURPLE LOOSESTRIFE TELECONFERENCED
Moved CSHB 324(RES) Out of Committee
HOUSE BILL NO. 400                                                                                                            
                                                                                                                                
     An Act relating to disasters and confiscation of                                                                           
     firearms.                                                                                                                  
                                                                                                                                
Vice Chair  Stoltze MOVED to  ADOPT work draft  #24-LS1543\L,                                                                   
Luckhaupt,  3/01/06, as the  version of  the bill before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
10:21:27 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHN COGHILL, SPONSOR,  spoke to the bill.  He                                                                   
commented that HB  400 addresses the right of  people to keep                                                                   
and bear  arms to insure  the security of  a free state.   He                                                                   
noted the  chaos following  Hurricane Katrina, where  various                                                                   
government  agencies made  systematic attempts  to sweep  New                                                                   
Orleans clean  of guns, even if  it meant entering  the homes                                                                   
of law abiding gun owners.                                                                                                      
                                                                                                                                
Representative Coghill  stated that National  Guard, federal,                                                                   
state,  or local  law  enforcement  personnel  should not  be                                                                   
allowed  to confiscate  lawfully owned  and lawfully  carried                                                                   
firearms.   HB 400  would make  it a Class  A felony  for any                                                                   
person  to knowingly  confiscate, attempt  to confiscate,  or                                                                   
order  the  confiscation  of  a  firearm  during  a  disaster                                                                   
emergency.  The bill would insure  that the government not do                                                                   
this  during  a  time when  those  citizens  may  need  their                                                                   
firearms the most.                                                                                                              
                                                                                                                                
10:25:51 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer pointed  out the zero  note accompanying  the                                                                   
bill.                                                                                                                           
                                                                                                                                
Co-Chair Chenault  asked about inclusion of  the language: "A                                                                   
person would  forfeits any office of governmental  position",                                                                   
and asked if that was legal.   Representative Coghill replied                                                                   
that was  the intent, however, at  this point, it would  be a                                                                   
civil action.   He understood there was an  amendment, making                                                                   
it a criminal action.                                                                                                           
                                                                                                                                
Representative  Coghill advised that  he concurred  with both                                                                   
the attached amendments.                                                                                                        
                                                                                                                                
10:28:18 AM                                                                                                                   
                                                                                                                                
BRIAN JUDY,  (TESTIFIED VIA  TELECONFERENCE), NATIONAL  RIFLE                                                                   
ASSOCIATION  (NRA)  REPRESENTATIVE   FOR  ALASKA,  ANCHORAGE,                                                                   
testified in  support of HB 400.   He echoed  concerns voiced                                                                   
by Representative Coghill regarding  what had happened in New                                                                   
Orleans.                                                                                                                        
                                                                                                                                
The  bill would  clarify  that during  a  state of  disaster,                                                                   
lawfully owned firearms could  not be seized from law-abiding                                                                   
citizens.    Additionally,  it would  make  accountable,  any                                                                   
person  knowingly confiscating  firearms.   He urged  support                                                                   
for the bill.                                                                                                                   
                                                                                                                                
Representative  Hawker MOVED  to  ADOPT Conceptual  Amendment                                                                   
#1.  (Copy on File).  Co-Chair Meyer OBJECTED.                                                                                  
                                                                                                                                
Representative  Hawker spoke to  the grammatical  change made                                                                   
by the  amendment.   Co-Chair Meyer  WITHDREW his  OBJECTION.                                                                   
There being NO further OBJECTION, Amendment #1 was adopted.                                                                     
                                                                                                                                
10:31:27 AM                                                                                                                   
                                                                                                                                
Representative  Hawker MOVED  to  ADOPT Conceptual  Amendment                                                                   
#2.  (Copy on File).  Co-Chair Meyer OBJECTED.                                                                                  
                                                                                                                                
Representative  Hawker explained the  proposed change.   Page                                                                   
1, Line  7-10, the amendment  deletes all material  and would                                                                   
insert   Section   26.23.205,   regarding   confiscation   of                                                                   
firearms.    That section  provides  for  due process  to  be                                                                   
exercised if the person was convicted,  their office would be                                                                   
forfeited.   The amendment  would raise  the bar from  simple                                                                   
presumption  and  would require  the  burden  of proof  of  a                                                                   
criminal standard.                                                                                                              
                                                                                                                                
10:35:51 AM                                                                                                                   
                                                                                                                                
Vice  Chair  Stoltze  acknowledged   the  tough  standard  of                                                                   
conviction.   Representative Hawker  referenced the  original                                                                   
version,  which  forfeited  anything without  regard  to  the                                                                   
contractual  contract.    He   did  not  know  how  it  could                                                                   
presently  interface.     He  speculated  that   there  is  a                                                                   
provision, if  convicted, there  would be consequences.   The                                                                   
amendment  provides   the  form   to  properly   address  the                                                                   
consequence.  He spoke to automatic forfeiture.                                                                                 
                                                                                                                                
10:37:36 AM                                                                                                                   
                                                                                                                                
Representative  Hawker mentioned  his uncomfortableness  with                                                                   
the motion.                                                                                                                     
                                                                                                                                
Representative  Holm asked  about language  in Amendment  #2,                                                                   
Line 7, "the color of law" and that affect.                                                                                     
                                                                                                                                
DEAN GUANELLI,  CHIEF ASSISTANT ATTORNEY,  CRIMINAL DIVISION,                                                                   
DEPARTMENT OF LAW,  pointed out that was a "term  of art" and                                                                   
exists in  the federal  civil rights law  and a couple  other                                                                   
places in Alaska Statute.  It  reflects that the person doing                                                                   
the act was under the cover of some lawful authority.                                                                           
                                                                                                                                
Representative Holm  asked if it meant under  the umbrella of                                                                   
their  position.   Mr. Guanelli  replied that  it means  that                                                                   
they profess to have lawful authority.                                                                                          
                                                                                                                                
Representative   Kerttula  mentioned   the  example   of  the                                                                   
National  Guard; they  would be  protected  because they  are                                                                   
under  orders.   Mr.  Guanelli  responded that  the  question                                                                   
would be if that  person believed that it truly  was a lawful                                                                   
order.  It would  be no different than if a  superior officer                                                                   
orders someone to  assault a person.  The people  must decide                                                                   
for themselves whether to obey.                                                                                                 
                                                                                                                                
Representative  Kerttula asked  when  it would  be lawful  to                                                                   
confiscate  guns.   Mr. Guanelli  said  if a  crime is  being                                                                   
committed,  then it  is lawful.   Each  circumstance must  be                                                                   
weighed separately.                                                                                                             
                                                                                                                                
10:44:56 AM                                                                                                                   
                                                                                                                                
Representative  Kelly  wondered  if  the  language  "disaster                                                                   
emergency"  should   be  "disaster"  or  "emergency".     Mr.                                                                   
Guanelli opined that was correct.   He further clarified that                                                                   
the governor declares a disaster-emergency.                                                                                     
                                                                                                                                
Representative  Hawker   emphasized  that  this   is  a  very                                                                   
sensitive  issue.   The amendment  is intended  to address  a                                                                   
disaster  emergency  situation  resulting  in  looting.    An                                                                   
officer may need  to secure firearms to protect  citizens and                                                                   
would  not have  to  forfeit his/her  job  until having  gone                                                                   
through  a court procedure.   It  would be  a way to  protect                                                                   
officers acting in good faith.                                                                                                  
                                                                                                                                
Co-Chair  Meyer asked  Mr.  Guanelli for  an  opinion on  the                                                                   
amendment.   Mr.  Guanelli replied  that  he was  comfortable                                                                   
with it.                                                                                                                        
                                                                                                                                
10:49:32 AM                                                                                                                   
                                                                                                                                
Representative  Coghill  commented  that  his intent  was  to                                                                   
guarantee a law-abiding citizen their right to bear arms.                                                                       
                                                                                                                                
Co-Chair  Meyer  WITHDREW  his  OBJECTION.   There  being  NO                                                                   
further OBJECTION, Amendment #2 was adopted.                                                                                    
                                                                                                                                
10:50:11 AM                                                                                                                   
                                                                                                                                
Representative Hawker pointed  out that the Department of Law                                                                   
does  not  anticipate  increased   prosecutions  due  to  the                                                                   
passage of HB 400.                                                                                                              
                                                                                                                                
Representative Hawker MOVED to  REPORT CS HB 400 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying zero note.  There  being NO OBJECTION, it was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
CS HB  400 (FIN)  was reported  out of  Committee with  a "do                                                                   
pass" recommendation and with  zero note #1 by the Department                                                                   
of Military & Veterans Affairs.                                                                                                 

Document Name Date/Time Subjects