Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/05/2014 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 176 REG. OF FIREARMS/KNIVES BY UNIVERSITY TELECONFERENCED
Heard & Held
+= SB 108 LIMIT PUBLIC ACCESS TO CRIMINAL RECORDS TELECONFERENCED
Moved CSSB 108(JUD) Out of Committee
*+ SB 173 SYNTHETIC DRUGS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 171 MULTIDISCIPLINARY CHILD PROTECTION TEAMS
Moved CSSB 171(JUD) Out of Committee
          SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                      
                                                                                                                                
2:19:09 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of  SB 176."An  Act                                                               
relating  to  the  regulation  of  firearms  and  knives  by  the                                                               
University of Alaska." This was the second hearing.                                                                             
                                                                                                                                
HANS RODVIK,  Intern, Senator  John Coghill,  sponsor of  SB 176,                                                               
informed the committee that Brian Judy was available to testify.                                                                
                                                                                                                                
2:20:35 PM                                                                                                                    
BRIAN  JUDY, Alaska  State  Liaison,  National Rifle  Association                                                               
(NRA), Sacramento,  California, testified  in support of  SB 176.                                                               
He opened  his testimony with  several questions and  stated that                                                               
SB  176  simply erases  arbitrary  lines  that require  different                                                               
standards. He said the Alaska Constitution recognizes that self-                                                                
defense is  a fundamental preexisting  right and SB 176  is about                                                               
law  abiding citizens  being able  to provide  self-protection on                                                               
both sides  of that arbitrary  line. He pointed out  the problems                                                               
with  the  idea  that  defense  ought   to  be  left  up  to  the                                                               
professionals:  1)  it  can  take law  enforcement  too  long  to                                                               
respond;  and   2)  the  courts   have  ruled  that   police  are                                                               
responsible for protecting society  at large, not individuals. He                                                               
cited  mass  killings in  recent  years  perpetrated in  gun-free                                                               
zones as evidence that gun-free  school zones are a public policy                                                               
failure. He said  this comes as no surprise to  those who support                                                               
the  individual right  to keep  and bear  arms and  the right  to                                                               
provide  a means  of personal  defense. He  said it's  astounding                                                               
that  many people  don't grasp  the simple  truth that  criminals                                                               
don't obey  gun laws  or designated  gun-free zones,  because the                                                               
reality is that  only potential victims are gun  free in gun-free                                                               
zones.                                                                                                                          
                                                                                                                                
2:23:49 PM                                                                                                                    
He  described the  arguments  that were  made  during a  previous                                                               
committee  hearing  as  predictable  scare  tactics  designed  to                                                               
derail the  bill. He said  the hypotheticals that were  posed are                                                               
similar  to  hypotheticals of  horror  that  the legislature  has                                                               
heard every time  firearm legislation has been  introduced in the                                                               
past 20 years, but they've never materialized.                                                                                  
                                                                                                                                
MR. JUDY  stressed that  the majority of  people on  campuses are                                                               
law  abiding and  they  currently don't  have  an opportunity  to                                                               
protect themselves, just  as the victims at  Virginia Tech didn't                                                               
have  an opportunity.  The Virginia  Legislature considered,  but                                                               
didn't  pass, similar  legislation just  before the  attack. That                                                               
lack of action  ensured those individuals were  sitting ducks, he                                                               
said. The  bottom line is  that SB 176  is intended to  erase the                                                               
arbitrary  lines  and make  the  laws  uniform  both off  and  on                                                               
campus. It's a matter of common sense, he said.                                                                                 
                                                                                                                                
2:29:36 PM                                                                                                                    
SENATOR  DYSON asked  if  he  had statistics  to  show that  more                                                               
children  have  died  from  accidents  like  drowning  than  from                                                               
firearms.                                                                                                                       
                                                                                                                                
MR. JUDY replied he didn't have  the statistics in hand, but that                                                               
is generally true.                                                                                                              
                                                                                                                                
CHAIR  COGHILL  asked   Mr.  Rodvik  if  he   had  compiled  that                                                               
information.                                                                                                                    
                                                                                                                                
MR. RODVIK  replied he posted  to BASIS some  statistics provided                                                               
by  the Gun  Owners Association  including that,  in a  four-year                                                               
period, twice  as many  children are  killed playing  football in                                                               
school compared  to the number  of students who were  murdered by                                                               
firearms during that same period.                                                                                               
                                                                                                                                
2:31:58 PM                                                                                                                    
SENATOR   WIELECHOWSKI  asked   Mr.  Judy   to  talk   about  the                                                               
experiences in states like Utah that have similar laws.                                                                         
                                                                                                                                
MR.  JUDY said  Utah has  allowed the  possession of  firearms on                                                               
campuses  for about  ten years  and there  has never  been a  gun                                                               
violence incident.  He offered  to provide a  copy of  the letter                                                               
that the Utah attorney general  wrote when Nevada was considering                                                               
similar legislation.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI indicated interest in receiving a copy.                                                                    
                                                                                                                                
CHAIR COGHILL said he would distribute copies of the letter.                                                                    
                                                                                                                                
2:34:04 PM                                                                                                                    
SENATOR OLSON  asked his experience  with guns  that accidentally                                                               
go off in public forums.                                                                                                        
                                                                                                                                
MR. JUDY said the fact  is that firearms accidents are relatively                                                               
rare compared  to other types  of accidental harm.  The empirical                                                               
evidence across  the states is  the same; there are  virtually no                                                               
accidents   associated   with   law-abiding   citizens   carrying                                                               
firearms.  He cited  military recruiting  on campus  and stressed                                                               
that people  who can be trusted  to carry firearms in  defense of                                                               
the country  should be trusted  to carry  a firearm in  their own                                                               
defense.                                                                                                                        
                                                                                                                                
SENATOR OLSON  commented that his  experience in school  was that                                                               
many students shouldn't be trusted  with a firearm. He added that                                                               
he didn't believe that the  bill with the concealed provision was                                                               
relevant to the Virginia Tech example.                                                                                          
                                                                                                                                
MR. JUDY agreed  that the responsible way to carry  a firearm for                                                               
self-protection  is  in  a holster  and  concealed.  Perhaps  the                                                               
legislature  will want  to  tighten  this law  at  some point  to                                                               
ensure certain, more responsible ways to carry, he said.                                                                        
                                                                                                                                
2:40:32 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if there  have been  challenges under                                                               
the  Alaska  Constitution  to  the   individual  right  to  carry                                                               
anywhere including a university campus.                                                                                         
                                                                                                                                
MR. JUDY said not to his knowledge.                                                                                             
                                                                                                                                
2:42:44 PM                                                                                                                    
CEEZAR   MARTINSON,  Vice   President,   UAA  Political   Science                                                               
Association, University  of Alaska-Anchorage,  Anchorage, Alaska,                                                               
testified in support of SB 176.  He said Article 1, Section 19 of                                                               
the Alaska Constitution is very  clear that neither the state nor                                                               
any  political subdivision  can violate  the individual  right to                                                               
keep  and   bear  arms,  and  the   university  policy  regarding                                                               
concealed  carry  on  campus  is   in  direct  contradiction.  He                                                               
stressed  that it  is time  for  the legislature  to correct  the                                                               
inequity that the university policy creates.                                                                                    
                                                                                                                                
MIKE COONS,  representing himself,  Palmer, Alaska,  testified in                                                               
support of  SB 176. He  disagreed with the points  that President                                                               
Gamble  made  when  he  testified   in  a  previous  hearing.  He                                                               
maintained that the testimony was  designed to create emotion and                                                               
hide facts.                                                                                                                     
                                                                                                                                
2:47:24 PM                                                                                                                    
MONTANA  WARE,  President,  Young Americans  for  Liberty  (YAL),                                                               
Anchorage, Alaska, testified in support  of SB 176. He questioned                                                               
the logic of  the signs that prohibit guns on  campus and pointed                                                               
out that this policy violates Article  1, Section 9 of the Alaska                                                               
Constitution.  He said  he considers  it  his right  to have  the                                                               
means  to protect  himself under  any threatening  circumstances,                                                               
and  believes  that  the  UAA   policy  potentially  puts  lawful                                                               
students  in   an  unnecessarily  unfavorable  position.   It  is                                                               
pertinent to the  incident at Virginia Tech; with a  bill like SB
176,  any  victims   or  potential  victim  would   have  had  an                                                               
opportunity  to  stop  the  gunman  before  he  hurt  many  other                                                               
students. He  thanked Senator  Coghill and  his staff  for taking                                                               
steps to  make Alaskans feel  secure and protecting the  right to                                                               
self-defense.                                                                                                                   
                                                                                                                                
SENATOR  DYSON  voiced  exception  to Mr.  Coons'  remarks  about                                                               
President Gamble and encouraged everyone to be respectful.                                                                      
                                                                                                                                
CHAIR COGHILL echoed the comment,  with the caveat that it should                                                               
not dampen passion.                                                                                                             
                                                                                                                                
2:51:07 PM                                                                                                                    
MATTHEW  CARBERRY,   representing  himself,   Anchorage,  Alaska,                                                               
testified in support of SB  176. He referenced the question about                                                               
whether  the university  policy had  been challenged  and offered                                                               
his  opinion that  there is  a  strong case  that the  university                                                               
policy  violates both  the state  and  federal constitutions.  He                                                               
cited  recent Ninth  Circuit Court  opinions that  say government                                                               
agencies  can't utterly  abrogate the  right to  carry and  noted                                                               
that  the same  right  exists under  the  state constitution.  By                                                               
comparison, the Board  of Regents' grant of  authority is limited                                                               
to  adopting   reasonable  rules,  orders  and   plans  for  good                                                               
governance  of the  university  and regulation  of  the Board  of                                                               
Regents.  Clearly, the  university doesn't  have a  legal leg  to                                                               
stand on;  their position is  weak and  has been dependent  on no                                                               
one challenging it, he said.                                                                                                    
                                                                                                                                
MR. CARBERRY indicated he would submit written testimony.                                                                       
                                                                                                                                
2:56:41 PM                                                                                                                    
MICHAEL BUCKLAND,  representing himself, Anchorage,  Alaska, said                                                               
he's a  lifelong Alaskan, decorated Vietnam  veteran, and tenured                                                               
professor at UAA who strongly supports  SB 176. He has taught for                                                               
25  years  and doesn't  feel  threatened  by  the idea  that  his                                                               
students and  other law-abiding Alaskans  will have  weapons. The                                                               
fact  is  that  horrible  shootings  happen  in  zones  that  are                                                               
effectively gun-free, he said.                                                                                                  
                                                                                                                                
He  concluded  that public  safety  will  be enhanced  with  this                                                               
legislation, because a  good guy with a gun will  be able to stop                                                               
the bad guy with a gun.                                                                                                         
                                                                                                                                
CHAIR  COGHILL said  public  testimony would  be  taken again  on                                                               
Monday.                                                                                                                         
                                                                                                                                
He held SB 176 in committee.                                                                                                    

Document Name Date/Time Subjects
SB 173 ADN Article 2.8.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 2.4.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 1.22.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 - Anchorage Ordinance.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 - Alaska Dispatch Article 1.10.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 Sponsor Statement.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
Legal Memo 2.10.14.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
SB 173 ADN Article 12.18.13.pdf SJUD 3/5/2014 1:30:00 PM
SB 173
Fiscal Note - University.pdf SJUD 3/5/2014 1:30:00 PM
SB 176
Written Testimony - OVR #2.pdf SJUD 3/5/2014 1:30:00 PM
SB 108