SJR 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. SJR 39 was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Office of the Governor dated 1/24/94 and a zero fiscal note by the Department of Public Safety dated 2/15/94. SENATE JOINT RESOLUTION 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. PORTIA BABCOCK, STAFF, SENATOR LOREN LEMAN, spoke to SJR 39 relating to an individual's right to keep and bear arms. The resolution would change the language to Article #19 guaranteeing an individual the right to keep and bear arms. Current law does guarantee an individual the right to bear arms, although many have challenged that law and will continue to do so. Current language is ambiguous, whereas, several attempts have been made in past Legislature's to clarify the right of the "individual" citizen to own a firearm, whether it be for hunting, recreation, liberty, or defense of self, home, family or state. Ms. Babcock added that there is no existing Alaska Supreme Court interpretation of that language either as assurance or prohibition of that right. There have been numerous attempts to place restrictions on law-abiding citizens who own firearms, although the potential for unreasonable firearm restrictions has become likely. 2 REPRESENTATIVE BRIAN PORTER spoke in support of the House Judiciary Committee version of the legislation indicating that firearm laws enacted by the Legislature have been reasonable and responsible and that there is no information available to change that fact. Representative Porter commented that the amendment must be drafted so as to use language previously interpreted by the courts in past years. The House Judiciary Committee inserted the word "unreasonably", in order to read: "The individual right to keep and bear arms shall not be unreasonably denied or infringed by the State or a political subdivision of the State." He added that the word "unreasonable" is found in both U.S. and Alaska constitutions and that for over 200 years there has been protection against unreasonable searches and seizures. Representative Parnell questioned the amendment to SJR 39 which would change the level of judicial scrutiny to laws relating to weapons. DEAN GUANELI, CHIEF, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, declared that the Alaska Supreme Court uses a sliding scale of scrutiny which applies to the Constitution and state laws for protection challenges. The highest level of scrutiny which the Court employees is always a compelling state interest. Mr. Guaneli continued that the lower end of the scrutiny scale would involve scrutiny by the Court to address rights involving a "rational basis" test. As long as the Legislature has a rational reason for the law to pass, then the law will suffice and will then comply with the constitution. He thought the firearm laws would fall in the lower end category and that the amendment would increase the level of scrutiny the Courts would apply to gun laws. Discussion followed between Representative Parnell and Mr. Guaneli regarding "restriction" of firearms and the rational basis of that restriction. Representative Porter advised of the constitutional right to privacy which could be considered a "compelling" reason against the law. Representative Brown asked if either version of the legislation would affect the "concealed weapons" legislation. Mr. Guaneli mentioned a number of provisions in the concealed weapons bill which could be struck down under a broad right to bear arms. Current law requires a person to wait ninety days to apply for a concealed weapons permit. He felt that this amount of time could not increase the police's ability to check a persons record. Additionally, law currently requires that a person be 21 3 years of age before they qualify for a concealed weapons permit. Representative Brown questioned if that type of restriction would be permissible under the "unreasonably" denied language. Mr. Guaneli disclosed that those kinds of restrictions would more easily pass a test in the State indicating "there being a rational basis". Representative Martin MOVED to adopt Amendment #1 deleting "unreasonably" and the language referenced in Section 29, the Application of Amendments of Section 19 of Article 1. He understood that keeping that language would weaken the national intent. Representative Foster stated that without Amendment #1 the House Judiciary version would return to the proposed Senate version of the legislation. Representative Martin explained that the Senate would not be required to accept changes made to the House Judiciary version of the legislation. Discussion followed clarifying the intent of the amendment. Representative Martin MOVED TO WITHDRAW the MOTION to adopt Amendment #1. There being NO OBJECTION, it was so ordered. Representative Martin MOVED to adopt the Senate version of SJR 39. Representative Brown OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Parnell, Therriault, Foster, Grussendorf, Hanley, Martin. OPPOSED: Brown, Larson. Representatives Navarre, Hoffman and MacLean were not present for the vote. The MOTION PASSED (6-2). Representative Foster MOVED to report SJR 39 out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTIONS, it was so ordered. SJR 39 was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Office of the Governor dated 1/14/94 and a zero fiscal note by the Department of Public Safety dated 2/01/94. (Tape Change, HFC 94-149, Side 2).