Legislature(1993 - 1994)
01/21/1994 09:05 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN LEMAN brings up SJR 39 RIGHT TO KEEP AND BEAR ARMS, and thanks those waiting for SJR 39 for their patience. He then provides an update on the history of the issue during this legislature. The Chairman then calls the first witness. Number 463 DUANE UDLAND, Deputy Chief of Police, Anchorage Police Department, states that the position of law enforcement personnel is generally not opposed to the individual right to keep and bear arms. He wonders why it is necessary to have the right to keep and bear arms in the state constitution, and thinks there is plenty of protection in the constitution and in statute already. He then lists a number of protections already in law. Number 425 MR. UDLAND says that police have a deep concern over the effects the amendment will have in the context of the state constitution. If the constitution is changed, it must be carefully worded. He believes that SJR 1 better answers the concerns of law enforcement and is disappointed that SJR 1 is being rejected in favor of SJR 39. He is concerned that a constitutional amendment would limit the ability of municipalities and the legislature to pass reasonable laws regulating firearms that are necessary to protect the public. Number 376 SENATOR TAYLOR states that the U.S is facing a flood of weapons misuse, of which he wouldn't have been able to conceive twenty years ago. He comments that perhaps everyone should be armed in order to protect themselves and asks Mr. Udland to respond to this problem. Number 332 MR. UDLAND replies that there is no question that violence in this country is on the increase, but he does not see a solution to the problem in a constitutional amendment. He questions whether, within the issue of a constitutional amendment, there is a hidden agenda to allow concealed firearms. He does think municipalities should have the option of regulating concealed weapons. Mr. Udland is also concerned that if the language in SJR 39 is too strict, the courts will strike down any law regulating possession of firearms. Number 285 CHAIRMAN LEMAN requests Portia Babcock, Aide to Senate State Affairs Committee, to make an opening statement on SJR 39. Number 273 PORTIA BABCOCK, Committee Aide, Senate State Affairs Committee states that the proposed language in SJR 39 is similar to language in other states. This legislation is being introduced to protect and insure the right to keep and bear arms in the future. It is not intended to change anything today, or to abrogate any laws currently on the books. An applicable Alaska Supreme Court case relating to the right to keep and bear arms is the Weaver Case, which stated that an Alaskan may not possess a switch blade or gravity knife in their own home because it is a public safety hazard and is easily concealed and quickly brought to bear. In this case the constitution was anything but broadly interpreted. MS. BABCOCK continues, saying that case-law in other states has consistently upheld felony possession laws, juvenile possession laws, laws restricting access to persons under the influence of drugs and alcohol, and persons who have been judged to be mentally incompetent. Case law has consistently recognized that the right to keep and bear arms is not an absolute right. Number 218 SENATOR DONLEY states for the record that the proper judicial standard of review in terms of balancing firearms rights of individuals versus the protection of society, is a compelling public safety interest standard. Number 197 CHAIRMAN LEMAN thanks Senator Donley for his comment and calls the next witness. Number 188 RAY ADVIK, testifying from Meier's Lake, feels that the state has a role in protecting the right to keep and bear arms. Number 183 DAN PURITTE, testifying from Meier's Lake, states he believes the federal government is doing everything it can to take away our freedom, our rights, and our guns. It is important that the State of Alaska stand up and commit itself one way or the other. Number 169 JIM FREY, SR., testifying from Slana, is in favor of SJR 39. He also favors capital punishment and says that if the state doesn't implement capital punishment soon, we will have to start doing it ourselves. Number 150 RICHARD BISHOP, Alaska Outdoor Council, testifying from Fairbanks, states that he and the council strongly support SJR 39, though the council has not taken formal action in support of the bill. He urges passage of SJR 39. Number 127 DON DUNCAN, registered guide-outfitter, testifying from Fairbanks, strongly supports SJR 39 and asks a few rhetorical questions regarding fire arms. One question Mr. Duncan poses is if he would be considered a criminal for having a loaded gun in his truck as he drives by a school on the way out of town to hunt. He believes that the fewer restrictive gun laws there are, the less crime we will have. Number 127 SENATOR DONLEY clarifies for Mr. Duncan that if your gun is encased while driving by a school, you are not breaking any law. Number 028 CHAIRMAN LEMAN announces that the committee will not be able to accommodate everyone wishing to testify and that he intends to move SJR 39 out of committee today. He then asks if there is anyone on line who has a statement to make in opposition of SJR 39. The chairman announces that anyone signed up to testify who does not respond in opposition to SJR 39 will be recorded as being in support of SJR 39. Number 003 MARK CHRYSON, Field Representative for Gun Owners of America, testifying from Kodiak, says that he is not opposed to SJR 39. TAPE 94-3, SIDE A Number 001 MR. CHRYSON says he is opposed to keeping the issue of the right to keep and bear arms off the ballot. He thinks that the right to keep and bear arms is a partisan issue and asks the legislature not to water down this legislation. Number 031 CHAIRMAN LEMAN thanks Mr. Chryson for his testimony and comments he does not think the right to keep and bear arms is a partisan issue and the release of this bill from committee is dependent upon a democrat. Number 035 SENATOR DUNCAN says not to count on it (laughter all around). Number 051 CHARLES MCKEE, testifying from Anchorage, says he represents the treasury and that he gave documentation to the Bureau of Alcohol, Tobacco, and Firearms. Number 069 JOE MURDY, Anchorage Assembly Member, states he is testifying on his own behalf, not in representation of the Anchorage Assembly. He supports the right to keep and bear arms, but is concerned that local governments might no longer have control over weapons within city limits. Number 091 CHAIRMAN LEMAN advises Mr. Murdy that SJR 39 will not restrict municipalities from dealing with appropriate local restrictions on firearms. Number 095 SENATOR TAYLOR mentions that Senator Donley noted earlier in the committee meeting that there was a particular standard that should be placed on the record as a concern: that standard was one of public safety. Senator Donley said, "...the proper judicial standard of review in terms of balancing firearms rights of individuals versus the protection of society is a compelling public safety interest standard." Senator Taylor wants to state for the record and stress that it is this standard of public safety which should be applied in regards to the intent of SJR 39. He states again that it is the intent of the committee that a standard of compelling public safety interest will allow municipalities and the state to continue to pass laws regarding appropriate restrictions on the right to keep and bear arms, even with a constitutional amendment protecting the right to keep and bear arms. Senator Taylor does not think that SJR 39 will restrict, in any way, the ability to pass laws regulating firearms where a public safety concern exists. Number 131 MR. MURDY states that his only concern is that the legislation not restrict the ability of municipalities and the state to pass future laws regulating firearms where a public safety concern exists. Number 142 CHAIRMAN LEMAN restates that it is not his intent to restrict the passage of laws regulating firearms where there is a concern of public safety. He views SJR 39 as a clarification of existing constitutional provisions relating to the right to keep and bear arms. There is a concern that current constitutional law could be interpreted as a collective right to bear arms and not an individual right. This would clarify the right to keep and bear arms as an individual right. The Chairman asks if there is anyone else on teleconference or in Juneau who feels they must testify on SJR 39. Number 164 FREDERICK HEINZ, testifying from Glennallen, states he disagrees with Mr. Murdy regarding municipalities being able to pass laws regulating firearms where a public safety concern exists. Mr. Heinz interprets the constitution literally and believes it is unconstitutional to restrict firearms in any manner. Number 177 SENATOR TAYLOR makes a motion to discharge SJR 39 from the Senate State Affairs Committee with individual recommendations. Number 180 CHAIRMAN LEMAN, hearing no objection, discharges SJR 39 from the Senate State Affairs Committee with individual recommendations.
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