Legislature(1993 - 1994)
01/22/1994 08:00 AM House STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 351 - PERMIT TO CARRY CONCEALED WEAPONS REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 351, testified in favor of HB 351. REPRESENTATIVE JAMES read her sponsor statement for the introduction and purpose of HB 351. (Sponsor statement on file.) HB 351 has found a large amount of support. REPRESENTATIVE JAMES stated HB 351 is a form of gun control with civil rights protection. Believing honest people should be heard, REPRESENTATIVE JAMES felt honest people should be allowed to carry concealed weapons. Public Safety is opposed to this because of their one-sided view of only the criminal side of guns. REPRESENTATIVE JAMES joined the committee table. Number 391 CHAIR VEZEY asked C.E. SWACKHAMMER to begin his testimony. Number 402 C.E. SWACKHAMMER, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY (DPS), testified in opposition to HB 351. The DPS had several concerns with HB 351: (1) the intent of the legislation would not be accomplished through the permitting process; (2) Alaska has a higher rate of emotional problems resulting in an increased number of assaults; (3) the screening process for permits would not be able to fully scrutinize individuals; (4) HB 351 does not address the lawful lethal use of firearms; and (5) the administrative costs are hard to judge for the fiscal note. (The fiscal note could not be supplied for this hearing.) Number 476 CHAIR VEZEY asked if MR. SWACKHAMMER was talking primarily about pistols? Number 481 MR. SWACKHAMMER responded no, however, the majority of "the people" (looking for a permit) would be looking for a pistol. Number 499 CHAIR VEZEY expressed his concern over concealed rifles and shotguns. Number 500 MR. SWACKHAMMER clarified concealed rifles and shotguns are illegal. The DPS had a major concern with page two, Sect. 2 (4), which states, "a member of the organized or unorganized militia." This portion would be counterproductive in not requiring a member of the organized or unorganized militia to obtain a permit for a concealed weapon. CHAIR VEZEY referred to AS 26.05.010 for a definition of the militia screening criteria. MR. SWACKHAMMER questioned the change from a 90-day return of receipt to 45 days. The expediency of the fingerprint testing may not be suitable for 45 days. Number 544 CHAIR VEZEY mentioned the committee is open to changes on HB 351 and expressed his appreciation to MR. SWACKHAMMER for his opinion. Number 554 REPRESENTATIVE KOTT asked MR. SWACKHAMMER if the assaults currently taking place without firearms would evolve into firearm assaults with the passage of HB 351. Number 562 MR. SWACKHAMMER replied yes. Number 563 REPRESENTATIVE KOTT continued with the notion of permits possibly acting as deterrents for future assaults, due to the assailant knowing the victim could have a firearm. REPRESENTATIVE KOTT also questioned if the rate of rapes would have declined if the victimized women were allowed to carry firearms. Number 570 MR. SWACKHAMMER responded assaults are very emotionally charged and from his experience the addition of firearms only makes the incident more violent. MR. SWACKHAMMER did not have a response to the rape question. Number 590 REPRESENTATIVE KOTT referred to the recent Northway Mall shooting incident. The man being shot at may have had a chance to retaliate or protect himself with a firearm. Number 602 REPRESENTATIVE WILLIS joined the table to question MR. SWACKHAMMER if any states that currently have concealed weapons laws in place have or are trying to repeal them. Number 609 MR. SWACKHAMMER responded he has inquired about the issue, but only knew of a survey which stated one out of four would like to repeal the law. Florida, as an example, just past a concealed weapons law; however, the crime rate has continued to rise. Number 620 CHAIR VEZEY moved to the Bethel teleconference site. ROGER ROTHSCHILD testified from Bethel in favor of HB 351. (Written testimony on file.) (TAPE 94-4, Side A had been taped over with the end of the meeting. The following 45 minutes are from notes only. For organizational purposes, the tape will resume with the proper order of testimony on TAPE 94-4 Side A after this portion.) Number 038 KIM FRANCISCO testified from Bethel in support of HB 351. Number 054 CHAIR VEZEY moved to Anchorage teleconference site. Number 069 CHARLES B. GRIFFIN testified from Anchorage in support of HB 351. Number 123 MARCELLA JAVIER testified from Anchorage in support of HB 351. Number 163 CHAIR VEZEY moved to Kodiak teleconference site. Number 180 REXINE OLSON testified from Kodiak in support of HB 351. Number 221 ROBERT ANDERSON testified from Kodiak in support of HB 351. MR. ANDERSON requested the addition of a disclosure clause and penalties for not doing so. Use of force training and individual weapon qualifications should also be required. CHAIR VEZEY moved to Delta Junction teleconference site. Number 270 KENNETH E. FARROW testified from Delta Junction in favor of HB 351. MR. FARROW believed the open display of firearms is a disruption and is upsetting to the public. CHARLES "MIKE" CARLSON testified from Delta Junction in favor of HB 351. Number 320 CHAIR VEZEY moved to the Mat-Su teleconference site. Number 327 MARK BELLINGER testified from Mat-Su in support of HB 351. LYMAN NICHOLS testified from Mat-Su in support of HB 351. Number 388 CHAIR VEZEY transferred to Fairbanks teleconference site. Number 398 RICHARD BARLOW testified from Fairbanks in favor of HB 351. MR. BARLOW inquired about the lack of appeal process for unnecessary fines. LADD MCBRIDE testified from Fairbanks in favor of HB 351. Number 469 CHAIR VEZEY moved to North Pole teleconference site. Number 477 JOHN BOULETTE testified form North Pole in favor of HB 351. Number 497 CHAIR VEZEY announced anyone wishing to submit written testimony may do so by fax while the meeting continues. ROYCE CHAPMAN testified from North Pole in favor of HB 351. Number 523 CHAIR VEZEY called for a short recess at 10:05 a.m. The meeting reconvened at 10:10 a.m. and the Anchorage teleconference site was on line. Number 561 BILL BRUMLOW testified from Anchorage in support of HB 351. Number 599 KEN LEWIS testified from Anchorage in support of HB 351. Number 656 CHRIS SULLIVAN testified from Anchorage in support of HB 351. CHAIR VEZEY moved to Juneau for testimony. TAPE 94-4, Side A (Tape is corrected and Side A begins with the following testimony.) Number 006 JERRY MYERS testified from Juneau in support of HB 351. MR. MYERS was concerned with the 12 month residency requirement to acquire a permit. Being in competitive shooting matches, MR. MYERS has permits for carrying firearms in several states. An immediate exchange process or a substitution mechanism with permits was requested to cover the 12 month short fall. MR. MYERS also questioned the use of the word "outdoor" when referring to the usage of firearms. Wording such as "any other lawful use" is more acceptable. Number 073 BRUCE CAMPBELL, a firearms training instructor, testified in favor of HB 351. MR. CAMPBELL felt HB 351 was a quality safety bill, which would adequately train those in need of a firearm. Number 140 CHAIR VEZEY moved to the Anchorage teleconference site. Number 159 KATHY THAROLDSON testified from Anchorage in favor of HB 351. MS. THAROLDSON questioned REPRESENTATIVE JAMES about the $125 dollar initial fee. She noted as a single active parent, nightly activities are limited with the lack of protection available. Number 172 REPRESENTATIVE JAMES responded there is a $59 dollar fee to pay for fingerprinting and her intention with this fee was to cover the administrative costs of the bill. REPRESENTATIVE JAMES noted when the Department of Public Safety returns a notice of actual costs, the fee will then be adjusted to cover them. Number 206 TAMMY REIGHARD testified from Anchorage in favor of HB 351. MS. REIGHARD felt HB 351 would benefit the elderly, as well as women. Number 220 EUGENE MURPHY testified from Anchorage in favor of HB 351 and stated he disagrees with MR. SWACKHAMMER, because he felt the Department of Public Safety was merely showing administrative opinions and not 'street cop' opinions. Number 279 CHAIR VEZEY moved to the Kenai teleconference site. Number 285 MARLEA BELLINGER testified from Kenai in support of HB 351. As a near victim of rape, MS. BELLINGER felt a firearm was a valuable source for defense. Number 315 CHAIR VEZEY moved to the Fairbanks teleconference site. Number 319 BONNIE WILLIAMS testified from Fairbanks in favor of HB 351. MRS. WILLIAMS quoted statistics from the National Rifle Association, "from 1979-1985 if victims of robbery and assault had been carrying a concealed firearm, there would have been 196,148 fewer victims injured in robbery and 935,530 fewer injured in assault." The group most in need of concealed fire arms is women. In most situations, police are not readily available to protect individuals from criminals. MRS. WILLIAMS also believes if individuals are not required to requalify for every different type of car they drive with a drivers license, they should not have to requalify for every different type of firearm they possess. Number 367 DAVID WILLIAMS testified in favor of HB 351 from Fairbanks. MR. WILLIAMS believed the 2nd Amendment to the U.S. Constitution allows the public the carry firearms; however, state laws have inhibited this right. There is a bias towards the politically elite, which allows them to carry concealed weapons more often than others in need. The national murder rate has risen 14 percent from 1986-1991, but in Florida since the passage of the firearms carrying law in 1987, the murder rate has decreased 20 percent. Florida's murder rate was 36 percent higher than the national rate in 1986, and is now four percent lower than the national average. Florida's robbery rate only rose nine percent, while nationally it rose 21 percent. MR. WILLIAMS also emphasized Oregon, Montana, Mississippi, and Pennsylvania as examples of states with effective carrier laws. Number 424 CHAIR VEZEY moved to the Ketchikan teleconference site. CHARLES MALLOTT, a law enforcement officer of several years, testified from Ketchikan in opposition to HB 351. MR. MALLOTT stated there are very young gang members without prior criminal or mental illness history which will be allowed access to concealed weapons. Gangs and those individuals involved with drugs will be even more of a menace with the ready availability of weapons. Accidents around the household with children may also increase. ELZIE ISLEY testified from Ketchikan in support of HB 351. Cab drivers are in need in protection. Number 519 CHAIR VEZEY moved to Anchorage teleconference site. Number 526 PAUL MOORE testified from Anchorage in favor of HB 351. MR. MOORE felt the need for a firearm to protect his family. Number 563 BOB PALMQUIST, SERGEANT, DEPARTMENT OF CORRECTIONS, testified from Anchorage in favor of HB 351. MR. PALMQUIST felt he needed a firearm to protect his family from those criminals he meets through his work and for the increased violence occurring throughout his once peaceful neighborhood. (REPRESENTATIVE KOTT and REPRESENTATIVE OLBERG left the meeting at 10:30 a.m.) Number 583 REPRESENTATIVE VEZEY extended the meeting to 12:00 p.m. Number 591 GARY KUHN testified from Anchorage in favor of HB 351, believing an extensive training program is necessary. Number 636 CHAIR VEZEY moved to North Pole teleconference site. Number 649 BILL BOSTIC, JR. testified from North Pole in support of HB 351. MR. BOSTIC believed the $125 dollar initial fee should be defrayed for those who have already been researched and scanned through the military or other government organization. A written release of information may only be needed for those individuals. Number 676 JOE SCHOENER testified from North Pole in favor of HB 351. Number 684 CHAIR VEZEY returned to Juneau for the testimony of ELMER LINDSTROM. Number 689 ELMER LINDSTROM, SPECIAL ASSISTANT to COMMISSIONER LOWE, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, testified on HB 351. MR. LINDSTROM noted clinical records of mental illness are protected and if individuals state they have never been admitted there will be no way to check if it is true. TAPE 94-4, Side B Number 000 ELMER LINDSTROM continued, if an individual does admit to a previous illness and signs to release the records, a problem arises whereby if the individual has not received care for five years, the doctor cannot accurately sign a release of good mental health. Substance abuse records are also protected by federal law. Medical or psychological professional should be clearly defined. MR. LINDSTROM noted most treatment facilities for substance abuse are not run by licensed medical or psychological professionals; therefore, the source of the sworn statement may be individuals with little or no formal training or knowledge of addiction treatment. Without constant interaction during a three year period, a professional would have a difficult time assessing stable health of those having been treated for addictions. MR. LINDSTROM noted the bill does not cover inhalant abuse, which in rural areas is frequently associated with violent and volatile behavior. The Department of Health and Social Services would be willing to work with the committee to apply a proper screening process to the HB 351. Number 069 CHAIR VEZEY moved to Anchorage teleconference site. Number 085 BOYD BARRUS testified from Anchorage in favor of HB 351. As a witness to a kidnapping, MR. BARRUS believed he would have been able to prevent it if he had been able to carry a concealed weapon. JOHN GAYOBS testified from Anchorage in favor of HB 351. (CHAIR VEZEY leaves room temporarily at 11:20 and REPRESENTATIVE JAMES takes gavel.) Number 190 DENNIS HERMANNES testified from Anchorage in favor of HB 351. MR. HERMANNES supported the 2nd Amendment of the U.S. Constitution, and noted a petition he circulated in REPRESENTATIVE HANLEY's district showed higher than 90 percent were in favor of HB 351. (CHAIR VEZEY reentered the room at 11:23 a.m. and resumed control of the meeting from REPRESENTATIVE JAMES.) Number 254 CHAIR VEZEY announced HB 351 would be reheard on February 5, 1994. Number 260 MADELINE HUFF testified from Anchorage in favor of HB 351. MRS. HUFF disagreed with the 90 day wait period and believed the $125 fee is unnecessary, because it is a right already guaranteed by the Constitution. BASIL ATKINSON, JR. testified from Anchorage in favor of HB 351. Number 318 LAWRENCE W. HUFF testified from Anchorage in favor of HB 351. MR. HUFF stated he was in favor of training. Number 340 BRYAN POTRATZ testified from Anchorage in favor of HB 351. MR. POTRATZ referred to the situation in which a man was randomly attacked by a coyote in Anchorage. In this situation a gun would have helped. Carrying a concealed weapon currently is only a misdemeanor, which does not pose a serious threat to criminals. MR. POTRATZ would like to see carrying a concealed weapon to be a felony. Those without monetary ability should be able to waive the initial fee required to obtain a permit. Number 404 NEIL CAMERON testified from Anchorage in favor of HB 351. MR. CAMERON felt it is the public's responsibility to carry firearms to protect its' liberty. CHAIR VEZEY moved to Fairbanks teleconference site. Number 435 DONALD A. MCDONALD testified in Fairbanks in favor of HB 351. SAM MEDSKER testified in Fairbanks in favor of HB 351. MR. MEDSKER believed HB 351 would put criminals on the alert. Number 457 CHAIR VEZEY moved to North Pole teleconference site. Number 464 RODGER DAY testified from North Pole in favor of HB 351. MR. DAY had an experience where two men tried to rob and assault him on the side of the road. It was only by pretending he had a gun that saved him from harm. Number 504 JOY COOK testified from North Pole in opposition to HB 351. MS. COOK felt HB 351 was putting the role of enforcement into the hands of common individuals. Criminals may take advantage of HB 351. MS. COOK disagreed with fingerprinting, photographing, record searches, and residency requirements. MS. COOK will only support HB 351 if these adjustments are made. Number 521 CHAIR VEZEY returned to Fairbanks teleconference site. Number 523 GREG MACHACEK testified from Fairbanks in favor of HB 351. Number 545 CHAIR VEZEY moved to North Pole teleconference site. Number 548 JOHN GLOTFELTY testified from North Pole in favor of HB 351. Number 560 CHAIR VEZEY moved to Mat-Su teleconference site. Number 570 MARK GORDON testified from Mat-Su in favor of HB 351. MR. GORDON emphasized the lack of appeal process in permit acquisition. Note those in high risk positions (i.e., women, gas attendants, taxi drivers) are not discriminated against as much for carrying concealed weapons, as broader, large men are. Number 606 CHAIR VEZEY moved to Anchorage offnet connection to hear DUANE UDLAND. Number 620 DUANE UDLAND, DEPUTY CHIEF, ANCHORAGE POLICE DEPARTMENT, testified with concerns on HB 351. MR. UDLAND reminded everyone HB 351 is for lawful and lethal use, not violence. MR. UDLAND asked the committee to carefully look over the deficiencies the bill now has. Number 674 CHAIR VEZEY repeated HB 351 would be rescheduled for February 5, 1994, and adjourned the meeting at 11:54 a.m.
| Document Name | Date/Time | Subjects |
|---|