HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS  8:04:11 AM CHAIR MCCORMICK announced that the first order of business would be HOUSE BILL NO. 61, "An Act relating to restrictions on firearms and other weapons." 8:04:55 AM The committee took an at-ease from 8:04 a.m. to 8:05 a.m. 8:05:20 AM REPRESENTATIVE CATHY TILTON, Alaska State Legislature, as prime sponsor, explained HB 61 is something that addresses events during the time of the COVID-19 pandemic where orders were made by governors and mayors to shut down stores that sold firearms and ammunition ("ammo") She said HB 61 reaffirms the Second Amendment by stipulating that the state and municipalities may not implement new restrictions to access firearms, ammunition, firearms accessories, or shooting ranges resulting from disaster declarations. She turned the presentation over to her staff, Mr. St. Clair. 8:07:17 AM STEVE ST. CLAIR, Staff, Representative Cathy Tilton, Alaska State Legislature, on behalf of Representative Tilton, prime sponsor, gave the sectional analysis for HB 61 Section 1 Prohibits the State, municipalities, and other instrumentalities from restricting the following under a disaster declaration: 1. Possession, use or transfer of a firearm, firearm accessory, or ammunition; 2. Ordering the seizure of the above-referenced items; 3. Limiting the quantity or other restrictions on the sales and services of those items; 4. Closing or limiting the hours of operation for retail establishments that sell and service those items unless the closure or limitation applies to all other forms of commerce within the jurisdiction; 5. Closing or limiting the hours of operation for shooting ranges; 6. Suspending or revoking a concealed carry permit outside of current statutory provisions; 7. Refusing to accept an application for a concealed carry permit; 8. Provides for civil action as relief for a violation of the above-referenced prohibitions; 9. Provides definitions for "firearm" and "firearm accessory"; Section 2 Repeals a previous definition of "firearm accessory" found under the Alaska Firearms Freedom Act. MR. ST. CLAIR emphasized item 4 by stating that this is about equity and commerce; if a disaster declaration states everything is to be closed down, then gun stores would close too. 8:10:16 AM MR. ST. CLAIR continued presenting HB 61 with an accompanying PowerPoint, titled "HB 61 An Act Relating To The Restriction Of Firearms And Other Weapons,." [hard copy included in the committee packet]. He moved to the second slide and explained HB 61 is critical to the Alaska way of life, including subsistence, protection, and the constitution. He noted this will be elaborated more throughout the presentation. He proceeded to the third slide, titled "Firearm Restrictions Impact on Subsistence." The slide highlights the definition of subsistence and points out Alaska's rural communities that rely heavily on "wild foods." He continued to the fourth slide, which highlight firearm restrictions' impact on protection, and he brought up examples of gun protection during animal attacks. He continued on the fifth slide, titled "Firearm Restrictions and Constitution," which read as follows [original punctuation provided]: • In January 2022 a federal appeals court ruled that two California counties that shut down gun stores as nonessential businesses in 2020 due to the coronavirus pandemic, violated the Constitution's Second Amendment. • The Second Amendment to the U.S. Constitution guarantees "the right of the people to keep and bear arms." In 2008, the U.S. Supreme Court ruled in District of Columbia v. Heller that this is an individual right, not requiring participation in a militia. • In 2010, the high court ruled in McDonald v. Chicago that the right to keep and bear arms is a fundamental right that also applies to the states through the Fourteenth Amendment, which bars any state from denying liberty to any person without due process of law. 8:14:16 AM MR. ST. CLAIR moved to the sixth slide, titled "Nationwide Action on Firearm Restrictions," which featured four states that adopted similar legislation in 2021: South Dakota, Georgia, West Virginia, and North Dakota. He continued to the seventh and final slide, "Conclusion," which read as follows[original punctuation provided]: • Firearms, firearm accessories, and ammunition are a part of the Alaskan culture and way of life. Firearms facilitate feeding families and food security. • Firearms allow Alaskan's and visitors to safely explore our beautiful state. • The Second Amendment grants citizens the right to bear arms. • Bi Partisan support (SB 136 / HB 179, 2022) 8:15:47 AM CHAIR MCCORMICK thanked the presenters for spotlighting the importance of subsistence hunting in Alaska communities. 8:16:00 AM REPRESENTATIVE MCCABE commented that gun stores do not only sell guns but many items that are essential for subsistence. He does not see this as so much of a Second Amendment gun issue, but as essential and critical to Alaska, and a free market economy. REPRESENTATIVE TILTON reiterated the bill does not create any new law or change laws already here for protection, but it does allow that - in something like the COVID-19 pandemic - there is equity, and the stores would remain open. 8:18:53 AM REPRESENTATIVE HIMSCHOOT asked for clarity if this is to add firearms to the list of essential businesses. MR. ST. CLAIR responded no; this is about equity. REPRESENTATIVE HIMSCHOOT asked what the difference is between equity and equality. MR. ST. CLAIR stated he believed the words at their core are the same thing. 8:21:33 AM REPRESENTATIVE MEARS commented on the number of emails she had received on the bill from both sides. She pointed out that a lot of the protections already exist. REPRESENTATIVE TILTON explained the bill ensures that firearm stores remain open as essential, being that [the use of firearms] is "such a way of life" in Alaska. 8:23:06 AM REPRESENTATIVE RUFFRIDGE echoed Representative Mears' comment on the number of emails received, and he said he strongly agrees with keeping stores open and having that equity or equality for each individual store owner. He also asked for clarity on carrying weapons. MR. ST. CLAIR reiterated that what this legislation does is reinforces a person's ability to carry where one is authorized to carry currently. It does not restrict carrying. 8:27:49 AM REPRESENTATIVE MCCABE commented on Mayor Nagin, former mayor of New Orleans and how he limited and confiscated firearms after Hurricane Katrina. He confirmed this was a concern in comments he received regarding the bill in that during a crisis you could not rely on police protection only. MR. ST. CLAIR replied in reference to Mayor Nagin in New Orleans that what occurred there was found to be unconstitutional. If a person is legally authorized to carry, that weapon cannot be confiscated unless the individual has lost their ability to carry due to certain circumstances. REPRESENTATIVE MCCABE stated that an armed society with the ability to protect itself is generally "polite." MR. ST. CLAIR agreed with Representative McCabe. 8:30:26 AM REPRESENTATIVE MCKAY asked how long the lockdown lasted by former Anchorage Mayor Berkowitz. He commented on not being able to buy shells/ammunition. MR. ST. CLAIR replied the lockdown lasted 10 days. REPRESENTATIVE MCKAY commented it does not matter if the lockdown and store closure was 10 minutes or 10 days, and noted he is a proud sponsor of HB 61. 8:31:33 AM CHAIR MCCORMICK welcomed invited testimony. 8:31:52 AM AOIBHEANN CLINE, Northwest Regional Director, National Rifle Association (NRA), began her testimony, she stated, on behalf of the tens of thousands of NRA members in Alaska in support of HB 61. The bill protects Alaska citizens' constitutional rights to keep and bear arms from government infringement under the declaration of an emergency disaster. The bill provides an effective approach to balance economic rights and local control. 8:35:47 AM REPRESENTATIVE MCCABE brought up item four on the sectional analysis, that gun stores do not want to be singled out; they want equity in their treatment with other businesses. He pointed out an unnamed gun rights activist group that is in opposition to HB 61 because of that item, and he asked for confirmation that the NRA is in support of HB 61 because it is a "holistic" bill; it does not single out or give preferential treatment to gun stores. MS. CLINE replied that is correct. The bill stresses that the firearms industry cannot be singled out from other forms of commerce. 8:37:53 AM REPRESENTATIVE RUFFRIDGE commented on page 1 line 8, about forbidding the possession or use or transfer of firearms. He asked Ms. Cline in her testimony if she could speak more on prohibiting during a disaster. 8:38:34 AM MS. CLINE explained that the bill does not change current state law, it just states that in an emergency you cannot add new "colors of control" and change where you can and cannot carry. 8:40:36 AM REPRESENTATIVE HIMSCHOOT referenced the COVID-19 shutdown in Anchorage and asked for clarity on whether gun sale facilities should be added to the list of essentials. MR. ST. CLAIR replied there should not be a list - it is all or nothing. 8:42:23 AM CHAIR MCCORMICK announced future public testimony and amendment deadlines for HB 61 [HB 61 was held over.]