SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS  8:04:42 AM CO-CHAIR HANNAN announced that the first order of business would be CS FOR SENATE BILL NO. 136(CRA), "An Act relating to firearms and other weapons restrictions." 8:05:03 AM SENATOR ROBERT MYERS, Alaska State Legislature, as prime sponsor, reiterated that SB 136 makes sure that citizens' firearms rights are protected in the event of a disaster declaration. 8:05:42 AM MICHAELLA ANDERSON, Staff, Senator Robert Myers, Alaska State Legislature, explained that due to disaster declarations around the country, some states mandated complete or partial closures of gun stores or firing ranges deeming them non-essential, which threatened Second Amendment rights. She explained that SB 136, companion to HB 179, prevents infringement on the constitutional right to keep and bear arms. 8:08:14 AM MS. ANDERSON provided a brief overview of the sectional analysis on SB 136 [included in the committee packet], which read as follows [original punctuation provided]: Section 1. Adds new sections to Article 5 of AS 44.99. a) Establishes that notwithstanding a disaster emergency declared under AS 26.23.020, a state or municipal agency may not impose the following: a. Forbid the possession, use, or transfer of a firearm, a firearm accessory, ammunition, or other weapon for personal use. b. Order the seizure or confiscation of a firearm, a firearm accessory, ammunition, or other weapon for personal use. c. Limit the quantity or place other restrictions on the sale or service of firearms, firearm accessories, ammunition, or other weapons for personal use. d. Unless the closure or limitation applies equally to all forms of commerce within the jurisdiction, close or limit the operating hours of the following: i. An entity engaged in the sale or service of firearms, firearm accessories, ammunition, or other weapons for personal use, or ii. An indoor or outdoor shooting range. e. Suspend or revoke a permit to carry a concealed handgun issued under AS 18.65.700, except as provided in AS 18.65.735 and 18.65.740; or f. Refuse to accept an application to carry a concealed handgun, provided the application contains the information required under AS 18.65.710. b) Establishes that this section does not apply to the possession of a firearm, a firearm accessory, ammunition, or other weapon by a person who is prohibited from legally possessing a firearm, a firearm accessory, ammunition, or other weapon under state law. c) Establishes that a person may bring a civil action in superior court if the person is adversely affected by a violation of (a) of this section, and the person is the following: a. Qualified under state law to possess a firearm, a firearm accessory, ammunition, or other weapon; or b. A membership organization consisting of two or more individuals eligible under (1) of this subsection that is dedicated in whole or in part to the protection of the rights of persons who possess or use firearms or other weapons. d) Notwithstanding AS 09.17.020(f) - (h), a prevailing plaintiff under (c) of this section may recover. a. The greater amount of actual economic damages or punitive damages in the amount of three times the plaintiff's attorney fees. b. Court costs; and c. Attorney fees. e) Defines "State or Municipal Agency" to include the following: University of Alaska or a department, institution, board, commission, division, council, committee, authority, public corporation, school district, regional educational attendance area, or other administrative unit of a municipality or of the executive, judicial, or legislative branch of state government, and includes employees of those entities. Section 2. Repeals AS 44.99.500(g)(1) which is the definition of a firearm accessory. 8:09:29 AM REPRESENTATIVE MCCARTY asked whether there are dynamics being seen elsewhere around the country with similar circumstances. MS. ANDERSON confirmed [that dynamics were observed]; however, she did not have a list of counties or municipalities that tried to impose restrictions on Second Amendment rights. 8:11:21 AM The committee took a brief at-ease at 8:11 a.m. 8:11:53 AM REPRESENTATIVE MCCARTY questioned the bill's relevancy. MS. ANDERSON responded that she would try to compile a list of examples and forward it to the committee. REPRESENTATIVE MCCABE commented that the true impetus for the legislation started from [hurricane] Katrina when the mayor of New Orleans ordered police departments to confiscate guns. Many states have dealt with this issue since, he said. 8:14:22 AM CO-CHAIR SCHRAGE stressed his strong support of the Second Amendment and Alaskans' right to bear arms. He sought a better understanding of the impetus for the legislation. 8:16:57 AM SENATOR MYERS replied that the bill, as drafted, would not stop the normal legislative process in regard to firearms. The bill states that the disaster declaration power cannot be used through the executive branch to change those laws or rules. It is a limit on the "disaster power" of a governor or mayor, he said, adding that one would still need to go through the legislative process. CO-CHAIR SCHRAGE asked whether this problem was prevalent in Alaska. SENATOR MYERS said he had observed it in Anchorage; however, it did not go "as far" as what transpired in other states. Instead, he explained, the Municipality of Anchorage put out rules regarding what stores could stay open or not, and the end result was that larger stores were allowed to stay open whereas smaller "mom and pop" stores were often under pressure to close, which put a significant burden on these type stores. The bill would flip this burden, he said. 8:19:46 AM CO-CHAIR HANNAN announced that SB 136 was held over.