Legislature(2021 - 2022)GRUENBERG 120
03/29/2022 03:00 PM House STATE AFFAIRS
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Audio | Topic |
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Start | |
HB142 | |
HB271 | |
HB251 | |
HB203 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | HB 142 | TELECONFERENCED | |
+= | HB 271 | TELECONFERENCED | |
+= | HB 251 | TELECONFERENCED | |
*+ | HB 203 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
HB 203-MISCONDUCT INVOLVING WEAPONS 4:36:23 PM CHAIR KREISS-TOMKINS announced that the final order of business would be HOUSE BILL NO. 203, "An Act establishing the offense of misconduct involving weapons in the sixth degree." 4:36:49 PM The committee took a brief at-ease. 4:37:49 PM REPRESENTATIVE ADAM WOOL, Alaska State Legislature, prime sponsor, introduced HB 203. He paraphrased the sponsor statement [included in the committee packet], which read as follows [original punctuation provided]: Firearms hold significant social and cultural importance to Alaskans. Across the state, 64.5% of residents report owning guns, ranking Alaska third among all states in per capita firearm ownership. Whether for personal protection, subsistence, or recreational hunting, the value that Alaskans place on keeping and utilizing firearms is substantial. Furthermore, most gun owners across the country report putting a high value on responsible ownership. For example, 95% of gun owners say it is essential to talk to their children about gun safety, and 66% of gun owners believe it is essential for their firearms to be kept in a locked place when there are minors in the home. HB 203 promotes secure storage of firearms in order to protect children and teens while preserving a lifestyle held dear by many Alaskans. Despite a large percentage of Alaskans reporting gun ownership and declaring a desire for gun safety, our state has notably high rates of firearm-related injury and death. Alaska's firearm death rate is the second highest in the nation and nearly double the national average (23 per 100,000 compared to 12 in the U.S generally). Guns are also the leading cause of death for children and teens in Alaska. An average of 22 children per year are killed due to firearm-related mortality, and 59% of these deaths are gun suicides. In 2019, nearly half of high school students (48.9%) reported that they could easily access a loaded gun, and a further one-fourth of high school students across the state (25.3%) reported seriously considering suicide within the past year. Overall, firearm suicide in Alaska is more than double the national average, with 68% of Alaska's gun deaths caused by suicide. Securely storing firearms has been shown to combat these startling figures, and to reduce both self-inflicted and unintentional firearm morbidity and mortality. Additionally, secure storage is affordable and easily implemented, while still offering firearm owners with quick and easy access to guns for their personal and property protection needs. HB 203 will incentivize secure storage of firearms by creating a violation for improperly storing firearms so they cannot be accessed by anyone not authorized to use them, including children. This bill adds weight to the responsibility that should be paramount to gun owners to keep kids safe. HB 203 does not impose invasive measures on the public. Practically speaking, this bill implements a retroactive fine in the event that guns are not securely stored by an adult firearm owner and lead to improper use by anyone prohibited from owning a firearm. If a minor child or prohibited person accesses a firearm because it wasn't securely stored and causes injury, the firearm owner can face a criminal penalty and a fine. Please join me in supporting House Bill 203 to promote responsible and safe gun ownership through secure storage of firearms in Alaska. ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State Legislature, on behalf of Representative Wool, prime sponsor, provided a PowerPoint presentation, titled "HB 203; secure storage of firearms" [hard copy included in the committee packet]. She provided a brief overview of the presentation on slide 2. Slide 3 featured newspaper articles that illustrated the impacts of gun violence, highlighting youth accidents and suicide deaths in particular. 4:47:21 PM MS. CARRICK continued to slide 4, which read as follows [original punctuation provided]: THE NATURE OF THE PROBLEM: GUN VIOLENCE PREVALENCE Nationally, suicide constitutes most of the firearm deaths in the U.S., even though just 5% of self-harm episodes, including both non-suicidal self- injury and attempted suicide, involve firearms. Firearms are known for their high lethality, with an 82.5-92% lethality for suicide attempts using firearms. As many as 80% of people considering suicide give notice of their intentions beforehand, making intervention possible in many cases. 4:48:02 PM MS. CARRICK continued to slide 5, which read as follows [original punctuation provided]: THE NATURE OF THE PROBLEM: GUN VIOLENCE IN ALASKA Firearms are the leading cause of death for children and teens in Alaska. Alaska has the second-highest rate of gun death in the U.S. Alaska's gun suicide rate is more than double the national rate. 68% of Alaska's gun deaths are firearm suicides. Suicides make up two-thirds of all firearm deaths in Alaska, and three in five suicides in Alaska are committed using a firearm. In 2019, there were 117 firearm suicide deaths in Alaska, including 17 children and teens (ages 0-19). 12,380 children live with unlocked, loaded firearms in Alaska. 4:49:00 PM MS. CARRICK proceeded to slide 6, which read as follows [original punctuation provided]: THE NATURE OF THE PROBLEM: YOUTH MENTAL HEALTH An average of 22 children and teens die from to accidental or intentional shootings each year. 25% of Alaskan high school students have considered suicide in the past year and a further 19.7% reported an attempted suicide. Among high school students in Alaska, 37.5% reported that they could access a loaded gun in less than an hour. 59% of youth gun deaths are suicides and an additional 26% are homicides. Other health disparities exist in gun violence and youth suicide attempts. 4:50:03 PM MS. CARRICK advanced to slide 7, which read as follows [original punctuation provided]: PRIORITIZING RESPONSIBLE GUN OWNERSHIP: OPINIONS OF GUN OWNERS Gun owners do NOT want to see these tragic incidents occur. Across the state, 64.5% of residents report owning guns, ranking Alaska third among all states in per capita firearm ownership. Most gun owners across the country report putting a high value on responsible ownership. For example:95% of gun owners say it is essential to talk to their children about gun safety 66% of gun owners believe it is essential for their firearms to be kept in a locked place when there are minors in the home. 4:51:23 PM MS. CARRICK turned to slide 8, which read as follows [original punctuation provided]: PRIORITIZING RESPONSIBLE GUN OWNERSHIP: SAFE STORAGE OPTIONS Secure storage or safety devices include: Devices that are designed to prevent the firearm from being operated without first deactivating the device. Examples: Cable locks that block a firearm cartridge from being fired or trigger locks that allow loading, but which prevent the trigger from being pulled. Examples: Cable locks that block a firearm cartridge from being fired or trigger locks that allow loading, but which prevent the trigger from being pulled. Devices that are incorporated into the design of the firearm to prevent operation of the firearm by anyone without access to the device. Example: Personalized "smart guns" that only allow an authorized user to access the gun. Examples: Personalized "smart guns" that only allow an authorized user to access the gun A safe, gun safe, gun case, lock box, or other device that is designed to be unlocked only by means of a key, combination, or other similar means. 4:52:28 PM MS. CARRICK continued to slide 9, which read as follows [original punctuation provided]: EFFICACY OF SECURE STORAGE: STATE BY STATE COMPARISONS Currently, 33 states have some type of secure storage law. Compared to states with no child-access laws, states with the strongest secure storage laws saw a 44 percent reduction in children hospitalized for firearm injuries related to unintentional shootings. A 2020 study found a 59 percent reduction in unintentional firearm deaths among children ages 0 to 14 in the states with the most stringent child access prevention laws. 4:53:34 PM MS. CARRICK proceeded to slide 10, which read as follows [original punctuation provided]: EFFICACY OF SECURE STORAGE: REDUCING YOUTH MORTALITY One study found that young children who go through a weeklong gun safety training program are just as likely as children with no training to approach or play with a handgun when they find one. It is impossible to predict the behavior of every child who may be invited into your home, and difficult to be assured of your child's safety in another person's home when there are unsecured firearms present. 4:54:26 PM MS. CARRICK advanced to slide 11, which read as follows [original punctuation provided]: WHAT HB 203 DOES:MISCONDUCT CHARGES Misconduct involving weapons in the sixth degree: Keeping a firearm in your home that is not under the direct control of an authorized person. See: Section 3 (a) (1) Keeping a firearm that the owner or authorized person knows or reasonably should know is accessible by a prohibited person. See: Section 3 (a) (2) Misconduct involving weapons in the fourth degree: If section 3 is violated and a prohibited person has used a firearm to commit a crime or to injure themselves or another. See: Section 2 4:55:30 PM MS. CARRICK turned to slide 12, which read as follows [original punctuation provided]: WHAT HB 203 DOES: KEY TERMS Direct control is where the owner or possessor of the firearm is: Close enough to preventanotherperson who is not an authorized person from obtaining the firearm OR The firearm is in the person's own residence, either alone or with only authorized persons who also live in the residence and who are not minors, and the residence is secure. Authorized Person: A person authorized by the owner or possessor of afirearm to temporarily carry or control the firearm. Prohibited Person: Minors, convicted felons, or those with other Federal or State restrictions on gun ownership. MS. CARRICK concluded on slide 13, which provided a list of stakeholders that submitted letters of support for HB 203. 4:56:58 PM SARA SUMADI, Associate Director of State Affairs, Everytown for Gun Safety, expressed her support for HB 203. She reported that Alaska was a national outlier in terms of firearm deaths among children, which could largely be prevented. Firearms were the first leading cause of death among children and teens in the state; further, Alaska had the highest rate of gun suicide deaths among young people in the country and the second highest rate of injuries and deaths caused by a child accidentally shooting themselves or someone else. She acknowledged that there was a tradition of responsible gun ownership in Alaska and that many gun owners stored their firearms securely; however, she cited a national survey that showed that an average of over 50 percent of gun owners did not practice safe storage practices; further, the survey estimated that 1 in 5 gun owning households with children in the home stored at least one gun loaded and unlocked. She emphasized that unintentional shootings by children could be prevented by following secure storage practices. She urged the passage of HB 203. 5:01:36 PM REPRESENTATIVE EASTMAN inquired about the statistics in the sponsor statement and requested the citations. MS. CARRICK said the youth-related statistics came from the Youth Risk Behavioral Survey (YRBS) conducted by the Department of Health and Social Services (DHSS) on a biannual basis. Additional statistics came from the Centers for Disease Control and Prevention (CDC) and other state and national resources. She offered to follow up with the specific citations. REPRESENTATIVE EASTMAN inquired about the difference between a crime that's preventative versus a crime that's punishing. REPRESENTATIVE WOOL acknowledged that violation of the law would be penalized; however, he said the intent was to normalize safe behavior. He explained that the penalty would be a monetary fine capped at $500 for the first violation. He reiterated that the goal was to modify behavior rather than incarcerate people. 5:04:13 PM REPRESENTATIVE STORY inquired about effective practices in other states. REPRESENTATIVE WOOL deferred to Mr. Dougherty, a district attorney in Colorado where a secure storage law was recently passed. 5:05:35 PM MICHAEL DOUGHERTY, District Attorney, District Attorney's Office, confirmed that the Colorado General Assembly had enacted House Bill 1106 in July 2021, which addressed the safe storage of firearms; however, it was too early to deem the program a success. Nonetheless, he stated that the legislation had raised awareness about the importance of safely securing firearms, in part due to the public awareness campaign that was carried out prior to the passage of the bill. REPRESENTATIVE STORY asked whether there were challenges to the safe storage law. MR. DOUGHERTY said there had not been any challenges. REPRESENTATIVE STORY asked whether Colorado enacted the same misdemeanor penalties that were proposed in HB 203. MR. DOUGHERTY conveyed that in Colorado, unlawful storage was assigned a Class 2 Misdemeanor, which could result in jail time, fines of up to $1,000, or both; however, incarceration was extremely unlikely, he said. 5:09:40 PM REPRESENTATIVE CLAMAN asked whether Colorado had considered treating the unlawful storage violation with a civil fine. MR. DOUGHERTY said there were no conversation about making it a civil violation. He shared his belief that because the goal of reducing teen suicides and unintentional shootings was a serious one, the consequences should be serious too; therefore, he opined that criminal law, as opposed to civil law, was appropriate 5:11:45 PM REPRESENTATIVE TARR expressed her interest in the inclusion of a public service announcement and educational campaign and inquired about the funding component that advanced those efforts in Colorado. MR. DOUGHERTY offered to follow up with the requested information. 5:13:18 PM CHAIR KREISS-TOMKINS announced that HB 203 was held over.