04/10/2003 09:05 AM House STA

SJR  5-DESTROY BRADY BILL RECORDS                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH announced that the  last order of business was CS                                                               
FOR SENATE JOINT  RESOLUTION NO. 5(STA), Urging  the President of                                                               
the United States and the Congress  to act to ensure that federal                                                               
agencies do  not retain  records relating  to lawful  purchase or                                                               
ownership  of firearms  gathered through  the Brady  Handgun Bill                                                               
instant check system.                                                                                                           
                                                                                                                                
Number 2025                                                                                                                     
                                                                                                                                
AMY   SEITZ,  Staff   to  Senator   Tom  Wagoner,   Alaska  State                                                               
Legislature,  presented  SJR  5  on behalf  of  Senator  Wagoner,                                                               
sponsor.   Noting that a  similar House resolution  hadn't passed                                                               
the previous  year, she explained  that when Congress  passed the                                                               
so-called Brady  Handgun Bill in 1993,  it did so to  promote gun                                                               
safety and  reduce gun-related violence.   A  criminal background                                                               
check  system  was  enacted;   those  with  criminal  backgrounds                                                               
couldn't purchase  firearms.   When the  Act was  established, it                                                               
wasn't meant to retain records  of law-abiding citizens who could                                                               
legally  purchase  and  own  firearms.   Thus  SJR  5  urges  the                                                               
President  and Congress  to ensure  that  federal agencies  don't                                                               
retain these  records, and  that they  make statutory  changes to                                                               
ensure that this doesn't happen in the future.                                                                                  
                                                                                                                                
Number 1941                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH referred  to language  on page  1, lines  13-14,                                                               
that read:   "the  system shall  ... destroy  all records  of the                                                               
system with  respect to  the call".   He asked  if that  would be                                                               
done electronically.                                                                                                            
                                                                                                                                
MS. SEITZ  replied that  she believes  the system  is electronic.                                                               
She said the  intent of the original Brady Handgun  Bill was that                                                               
as soon  as an  individual was approved  to legally  purchase and                                                               
own a firearm, all information  except for the identifying number                                                               
and the date was supposed to be destroyed from the system.                                                                      
                                                                                                                                
Number 1895                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH   asked,  when   the  FBI  [Federal   Bureau  of                                                               
Investigation]  indicates its  intent  to  keep records  gathered                                                               
through the Brady Handgun Bill,  whether it's under any statutory                                                               
authority or is "a terrorist thing," for example.                                                                               
                                                                                                                                
MS.  SEITZ  responded  that  it was  the  interpretation  of  the                                                               
administration in 1993 after the Act was voted in.                                                                              
                                                                                                                                
Number 1862                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  report  CSSJR  5(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.   There being no  objection, CSSJR  5(STA) was                                                               
reported from the House State Affairs Standing Committee.