Legislature(2005 - 2006)BUTROVICH 205
04/04/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB318 | |
| HB408 | |
| HB400 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 318 | TELECONFERENCED | |
| += | HB 408 | TELECONFERENCED | |
| + | HB 400 | TELECONFERENCED | |
HB 400-CONFISCATION OF FIREARMS
10:20:34 AM
CHAIR RALPH SEEKINS announced CSHB 400(FIN) to be up for
consideration.
REPRESENTATIVE JOHN COGHILL, Sponsor, introduced the bill. He
said it was in response to Hurricane Katrina where the community
had a tough time getting control of the area. The bill addresses
a situation where there is near anarchy. It proposes to add a
new section to AS 26.23.200 that states that there is no
authority granted or implied under the Alaska Disaster Act that
authorizes the confiscation of a firearm lawfully owned,
possessed, or carried by law-abiding citizens.
10:24:04 AM
SENATOR CHARLIE HUGGINS posed a hypothetical situation of
martial law. He asked whether that would change the ability to
confiscate privately owned weapons.
REPRESENTATIVE COGHILL did not know.
SENATOR HUGGINS asked Representative Coghill to describe the
circumstances that happened during Hurricane Katrina that
ultimately brought forth HB 400.
REPRESENTATIVE COGHILL advised that the National Guard and local
sheriff's department were involved in confiscating weapons from
citizens. The National Rifle Association sued the local law
enforcement over the issue but he didn't know how the suit
turned out.
DEAN GUANELI, Chief Assistant Attorney General, Department of
Law (DOL), responded to Senator Huggins' question of martial law
and advised that the governor has the authority to make certain
declarations such as martial law. HB 400 addresses a disaster
situation, which is carefully defined in Alaska law. In a
situation where the governor declares martial law, it probably
does not remove anybody's constitutional rights.
10:29:28 AM
SENATOR HOLLIS FRENCH said for the record there was nothing in
the bill to stop legitimate law enforcement efforts to prevent
looters, thieves and rioters.
REPRESENTATIVE COGHILL agreed.
10:31:49 AM
AUSTIN MAHAULKEY, Glennallen, testified that he agreed with the
original bill but since then it has been amended. He took
exception to line 11 and said if a peace officer can't take
weapons how can he designate someone else to do it. He suggested
the committee delete the entire section.
MICHAEL NELSON, Glennallen, testified against the bill. He said
the US Constitution allows citizens the right to bear arms. The
United States military is mainly over seas, while Russia and
China are next door. Who is to say during martial law that
citizens don't have the right to protect themselves, he asked.
He said he preferred the original version of the bill.
BRIAN JUDY, National Rifleman's Association, testified in
support of the bill. He referred to Hurricane Katrina of 2005
and advised the committee that after the disaster law-abiding
citizens were stripped of their firearms by local law
enforcement. The bill clarifies that during a state of
emergency, law-abiding citizens will be assured of their right
to bear arms and protect themselves against looters and thieves.
10:35:58 AM
CHAIR SEEKINS closed public testimony.
SENATOR HUGGINS asked Representative Coghill whether he was
concerned over the amount of non-support the bill was getting
from Glennallen.
REPRESENTATIVE COGHILL responded he wanted to craft the bill in
such a way so that people could help the authorities gain
control over a disaster situation. He indicated he was happy
with the bill as it stood.
CHAIR SEEKINS referred to line 8 and asked whether the person
could be considered eligible for rehire.
REPRESENTATIVE COGHILL said he'd be open to suggestions and be
willing to discuss that option.
SENATOR GRETCHEN GUESS asked for clarification whether the
statute could force an elected official to forfeit their
position.
MR. GUANELI advised that the Legislature could set parameters
that govern the holding of public office. To the extent that the
Legislature could pose those kinds of requirements, then it is
within their authority to say that a person convicted of certain
offenses they would forfeit the constitutional right to bear
arms. The Legislature could also force an elected official to
forfeit a position of public office, he stated.
CHAIR SEEKINS said he understood that the official would have to
resign.
10:43:09 AM
SENATOR GUESS said she would like to know where else in statute
it states that an elected official must forfeit their position.
REPRESENTATIVE COGHILL noted that any forfeiture would have to
go through due process.
CHAIR SEEKINS held the bill in committee.
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