Legislature(1993 - 1994)
04/29/1994 09:20 AM Senate 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
HB 351 - CONCEALED HANDGUN PERMITS;WEAPONS POSS.
Co-chair Pearce directed that CSHB 351 (Fin)am (efd add) be
brought on for discussion and noted that file material
consists of the bill transmitted by the House, the Senate
State Affairs version, three fiscal notes, a list of groups
supporting the bill, an analysis of both the House and
Senate State Affairs versions, a sponsor statement, policy
briefing, and various articles.
REPRESENTATIVE JAMES, sponsor of the legislation, came
before committee. She noted that the bill was extensively
rewritten as it made its way through the House, and
additional changes were effected by Senate State Affairs.
She attested to support for the legislation which she said
balances the issue and provides that law abiding citizens
will be able to carry concealed weapons for self-defense,
after having taken training to ensure that they are
knowledgeable about the firearm. Senator Kerttula asked who
would provide required training. Representative James
explained that the bill presently calls for provision by
private industry, per approval by the department.
Discussion followed between Senator Kerttula and
Representative James regarding the type of container needed
for transport of a firearm.
PORTIA BABCOCK, Senate State Affairs committee aide, came
before committee to provide a section-by-section analysis of
bill provisions and changes effected by Senate State
Affairs:
Sec. 1. Allows a permit to carry a concealed weapon as an
affirmative defense to possession.
Sec. 2. Provides that transport of a firearm in a closed
container designed for transporting firearms does
not constitute carrying a concealed weapon.
Sec. 3. The Senate State Affairs bill effected a change
clarifying the difference between a loaded and
unloaded firearm. The Dept. of Public Safety has
no opposition to the change.
Sec. 4. Makes provisions for permits to carry concealed
handguns and delineates criteria an applicant must
meet to receive a permit. Fingerprints must be
taken by individuals qualified by the department
to take fingerprints. Language in the House bill
required action on applications for permits within
30 days of receipt of background information. The
Senate bill requires approval or rejection within
15 days of receipt of "permit eligibility
information."
The House bill provided for licensing for three
years while the Senate version provides for a
five-year license. The Senate bill adds a
requirement that the holder complete a full
handgun training course every five years. The
House bill required only a refresher course for
alternate renewals (every six years).
Ms. Babcock pointed specifically to statutory
citations on page 4 of both the House and Senate
versions and explained that they relate to
misdemeanor offenses. If one or more of those
misdemeanors is committed by an applicant within
five years immediately preceding application for a
permit to carry a concealed weapon, the applicant
will not qualify for the permit. The Senate bill
also adds subsection (5) language requiring that
the applicant not have been "convicted of two or
more class A misdemeanors of this state or similar
laws of another jurisdiction within the five years
immediately preceding the application. The Dept.
of Public Safety has no problem with the addition.
In response to a question from Senator Kerttula,
Ms. Babcock advised that illegally carrying a
concealed weapon constitutes misconduct involving
weapons in the fifth degree, a class A
misdemeanor.
Ms. Babcock referenced interaction with the Dept.
of Health and Social Services regarding access to
mental health records, alcohol treatment program
records, etc. That discussion lead to development
of Senate State Affairs language at page 5,
subsections (14) and (15).
Speaking to information which must be contained
within the application to carry a concealed
handgun, Ms. Babcock noted a change in the Senate
bill at page 5, line 15, whereby the applicant
must provide information concerning the city and
state of each place the applicant has resided in
the five years immediately preceding application.
That allows the Dept. of Public Safety to check
misdemeanor records for the previous five years.
Ms. Babcock next directed attention to page 6,
line 1, and noted that the Senate bill changes
language relating to permit eligibility from "may"
to "will."
Subsection (b) at the top of page 6 was part of
previous House versions of the bill although it
was not included in the version transmitted to the
Senate. Senate State Affairs reinserted
provisions prohibiting demand for information
beyond that set forth on the application,
including information on firearms owned by the
applicant.
Referencing provisions relating to demonstration
of competence with handguns, Ms. Babcock explained
that the House bill, in describing the weapon,
referred to type and size. Senate State Affairs
did not feel that was clear. Language was thus
changed to refer to action, type, and caliber. A
permittee may carry as a concealed handgun only
the caliber of the action type for which the
permittee has demonstrated competence, or any
lesser caliber of the same action type. The
department shall approve the personal protection
course offered by the National Rifle Association
and any other handgun course that tests the
applicant's (1) knowledge of Alaska law relating
to firearms and the use of deadly force (2)
familiarity with the basic concepts of the safe
and responsible use of handguns; (3) knowledge of
self-defense principles; and (4) physical
competence with each action type of handgun the
applicant wishes to carry under the permit.
Senator Kerttula asked how competence would be
demonstrated and approval garnered in rural areas.
Representative James voiced her understanding that
most individuals carrying concealed weapons in
rural Alaska would be protected under existing
law. That is not going to change. She further
pointed to options allowing communities to opt out
of concealed weapon permitting. Representative
James further voiced her belief that, upon passage
of concealed weapon legislation, more handgun
courses by which an individual may demonstrate
competence would become available to a wider
number of people in both urban and rural areas.
Ms. Babcock stressed that, under present law, an
individual can carry a concealed weapon if
involved in a lawful outdoor activity.
Senator Rieger pointed to Senate language stating
that the department "shall approve the protection
course offered by the NRA," noted that it
represents a change from the House version and
asked why it was included. Ms. Babcock said it
was inserted at the request of certified
instructors who now offer personal protection
courses sponsored by the National Rifle
Association. It is intended to provide a measure
of comfort to instructors who fear they might not
be approved in deference to a state-sponsored or
alternative program.
Pointing to page 6, line 29, Ms. Babcock noted
that the Senate bill removes House language
relating to refresher courses and substitutes
completion of a handgun course every five years.
At page 7, line 11, Senate State Affairs
established a cap on fees. Thirty-four states
have some form of concealed weapon permitting
system with fees set in statute. The fee for
Alaska is established at $125 with a renewal fee
not to exceed $50. Those costs are in addition to
the cost of the personal protection course, the
cost of fingerprinting, pictures, etc. Alaska's
fees are at the higher end of the spectrum.
Page 7, lines 17, contains provisions and criteria
for permit renewal, including a $25 late fee. A
new subsection (d) at page 8 applies restricted
information provisions for the original
application to renewal as well.
Ms. Babcock next spoke to provisions allowing for
suspension rather than revocation of permits. She
further pointed to language at page 9 relating to
revocation of the permit if a permit holder is
convicted of two class A misdemeanors within a
five year period.
Pointing to page 9, line 24, Ms. Babcock noted a
language change from "The department, and its
officers and employees, are not liable" to "The
state, and its officers and employees, are not
liable." The court system requested the change
since the Dept. of Public Safety is not the only
state agency that will be dealing with permits and
permittees. That language was included in an
earlier House bill but was not in the version
transmitted to the Senate.
The House bill provides that failure to carry the
concealed weapon permit and proper other
identification when carrying a concealed weapon
constitutes a class B misdemeanor. Senate State
Affairs changed that to a violation. House
legislation provides that failure of a permittee
to inform a peace officer that the permittee is
carrying a concealed weapon when the permittee is
contacted by police constitutes a class B
misdemeanor. The Senate bill changes that to a
class A misdemeanor.
Pointing to language allowing a peace officer to
secure a handgun, Senator Rieger asked if that
means the gun could be taken away. Ms. Babcock
answered affirmatively, advising that it could be
"secured" for the duration of contract between
police and the permittee. A peace officer could
not take the handgun and not give it back if the
permittee is not arrested or taken into custody.
Provisions are intended to assist peace officers
in situations where they feel uncomfortable.
Senator Rieger asked if an individual would be
required to yield an unconcealed weapon to an
officer as well. Ms. Babcock said she did not
know. Senator Rieger voiced concern that, under
bill provisions, a peace officer might be required
to return a concealed weapon to an individual who
continues to be agitated following a
confrontation. C. W. SWACKHAMMER, Deputy
Commissioner, Dept. of Public Safety, came before
committee in response to the question. He
explained that a police officer would take the
weapon, regardless of whether it is concealed or
not, if the officer believes the gun holder is
dangerous to himself, herself, or other people. A
permit holder who refuses to surrender his or her
concealed weapon when requested to do so by a
police officer could be arrested for violation of
a class A misdemeanor.
Ms. Babcock next directed attention to page 10,
line 21, and noted reinsertion of language from
earlier House versions of the bill. It prohibits
the carrying of a concealed weapon into a
courthouse or courtroom unless the permittee (A)
is a judge; or (B) has been authorized to possess
a concealed handgun by a judge presiding at the
courthouse or courtroom. Co-chair Pearce asked
why judges were singled out. Ms. Babcock
explained that language was lifted from Florida
statutes. It responds to increased instances of
weapons brought into courthouses and threats
against judges and prosecutors.
End, SFC-94, #78, Side 2
Begin, SFC-94, #80, Side 1
Ms. Babcock next attested to additional areas
where possession of a concealed handgun is
prohibited, noting specifically: state and
federal offices and offices of political
subdivisions, airline terminals, a vessel of the
Alaska marine highway system, financial
institutions, etc. She also noted that
municipalities or established villages could
prohibit possession of concealed handguns through
opt-out provisions of the legislation.
Page 11, lines 12 through 21, speak to misuse of
permits and penalties therefor. The Senate bill
splits out and places in separate subsections
language relating to penalties for displaying an
expired permit and possession and display of a
suspended or revoked permit. Those displaying an
expired permit are guilty of a violation with an
associated $100 fine while display of a suspended
or revoked permit constitutes a class A
misdemeanor.
Discussion followed between Senator Jacko,
Representative James, and Ms. Babcock regarding
application of the proposed bill to fish camps,
etc. Ms. Babcock noted need to review the
definition of "established village" in present
law. Opt-out provisions at page 12, line 16,
speak to both municipalities and established
villages.
Ms. Babcock referenced new Senate language at page
12, lines 13 - 15, relating to a municipal
preemption. She explained that state law would
apply unless prohibited by the municipality
through the opt-out election. Senator Jacko asked
if the reverse approach had been considered
whereby a municipality would have to opt-in to
allow the carrying of concealed weapons. Ms.
Babcock said that while that approach was
considered, it became evident it would be
impractical in that every municipality or
established village would have to have an
election. That was neither popular nor feasible
and did not provide for uniform state law.
Directing attention to page 13, line 30, Ms.
Babcock referenced the meaning of "derringer" and
said that the definition was included at the
request of the Dept. of Public Safety.
The Senate State Affairs bill provides for an
effective date of October 1, 1994. The effective
date of the House version is January 1, 1995.
Discussion followed between Senator Rieger and Ms. Babcock
regarding definitions relating to derringers and miniature
handguns as well as competency testing for firearms. Ms.
Babcock advised that the National Rifle Association course
consists of 12 hours of classroom time plus two, two-and-a-
half hour instruction periods at the shooting range.
In response to further questions from Senator Rieger, Ms.
Babcock summarized Senate changes to the House bill as:
1. Clarification of what type of firearms permittees
will
be allowed to carry (action, type, and caliber).
2. Narrowing the description of permit eligibility.
3. Changing the permit approval or denial period from
30
to 15 days. She stressed that this time period is
flexible. When an application is received, the
department must submit the applicant's
fingerprints for tracking within 5 days of receipt
of the application. Once information from the
computerized record search is received, the
department has 15 days to respond.
4. Removal of misdemeanor driving offenses as a cause
for permit suspension or revocation.
5. Rewording and clarification of sections relating
to mental health and alcohol program involvement by
permittees.
6. Requiring the retaking of the entire handgun
competency course every five years for renewal
rather than a refresher course every six
years.
7. Establishment of caps on fees. Ms. Babcock
stressed that the department is required to charge
only for the actual cost of processing
the application. She then voiced her
hope that the cost would be less than
the $125 cap.
8. The narrowing of information required of the
applicant.
9. Addition of the municipal preemption.
10. Change of the effective date to October 1, 1994.
Senator Kerttula attested to concerns raised by a grocery
store owner that, under the proposed bill, he would be
forced to carry a weapon because shoplifters could be
carrying concealed weapons. He further attested to worries
associated with permittees who might carry concealed weapons
into bars and other areas where alcohol is involved. Deputy
Commission Swackhammer explained that being in possession of
a firearm in an establishment that is selling alcoholic
beverages for retail is against current law.
Co-chair Pearce called for additional questions on the
legislation. None were forthcoming at this time. She then
advised of a number of people who wished to testify on the
bill and directed that it be HELD for further discussion.
ADJOURNMENT
The meeting was adjourned at approximately 11:35 a.m.
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