HOUSE BILL NO. 319 "An Act relating to firearms." REPRESENTATIVE MIKE HAWKER, SPONSOR, began his testimony. He said that the bill contained some clarification to existing concealed carry laws. Several years ago the state adopted the Vermont carry system, which stated that an individual was not required to have a state issued permit on order to carry a concealed firearm. However, the concealed carry permit statutes were retained so that people who chose to procure a concealed carry permit could do so. The advantage was that the concealed carry permits were valid from state- to state. 3:09:05 PM Co-Chair Hawker cited Section 1, Sub-section (e), which stated: The department shall mail the permittee a notice of expiration by first class mail at least 90 days before expiration of the permit. Co-Chair Hawker added that the permits were valid for 5 years when issued. The next change could be found in Section 2, Sub-section (4): represent or display an expired permit as if the permit were valid, unless the holder has submitted a complete, timely renewal from under AS 18.65.725 and the renewal process has been delayed due to circumstances not under the control of the applicant; this paragraph does not require a holder to  return or surrender a permit upon its expiration, nor may  the department require a holder to return or surrender a  permit upon its expiration. Co-Chair Hawker continued to the third change, which speaks to the issue of invalidating a permit because the person has left the states jurisdiction. He felt that once the permit had been authorized it should remain valid even if the permittee leaves the state. 3:13:39 PM Representative Austerman pointed out to the committee that the language in Section 1 Sub-section (f) stated that the permittee does not become ineligible to hold a permit when "ceasing" to be a resident of the state. He wondered if there were other states that accepted Alaskan gun permits, and would an individual be able to use it in another state. Co-Chair Hawker replied that the reciprocity was and would remain recognized by other states regardless of where one resides, provided that permit was valid. 3:16:44 PM Co-Chair Hawker stated that Section 3 proposed a duty upon local law enforcement agencies across the state. The duty was to execute a request, an application that a citizen brings forward, to receive and take possession of a firearm that was registered under National Firearms Act of 1934. This was how an individual was able to legally possess; a short barreled shot gun, a short barreled rifle, and fully automatic firearms. The firearms were legal in most states and prevalent in Alaska. Due the dangerous nature of the firearms, the federal government had a restrictive process regarding who may possess them. In order to possess the particular firearms an individual must go through the process for applying to the Bureau of Alcohol, Tobacco, and Firearms and Explosives on Form 4, "The Application for a Tax Paid Transfer and Registration of a Firearm"(copy on file). The form required identification of the individual, description of the firearm and who was transferring the item, as well as local law enforcement certification. The form must be accompanied by 2 sets of the applicant's fingerprints and 2 photographs, which are used to expedite a complete background check by the Federal Bureau of Investigation. 3:19:48 PM Co-Chair Hawker shared that one of the requirements of the application process exists in federal regulation. One of the requirements that had been added to the application process was that the individual who wishes to take possession of a firearm must first go to the local chief law enforcement officer, who will sign the certification as part of the application process. The certification was "negative assurance" from the chief law enforcement officer, which translates into; "I have no information that the transferee will use the firearm or device described on this application for other than lawful purposes. Or that possession would place the transferee in violation of state or local law." 3:22:28 PM Co-Chair Hawker opined that historically, the state's local law enforcement had been fickle concerning the willingness to sign the forms. It had been seen that chief law enforcement officers would not sign the forms for unknown reasons. The bill would allow the public the full respect of the 2nd amendment as far as the legislature could provide the assurances. 3:25:22 PM Co-Chair Stoltze affirmed that in 1994, a constitutional amendment vote by the public had shown support for the position that the bill maintained; that the right to bear arms was an individual right, and should not be preempted by political jurisdiction. Representative Foster voiced support for the legislation. }SUE STANCLIFF, DEPARTMENT OF PUBLIC SAFETY{, commented on the 90 day notice in the bill. She stated that House Bill 201 made the expiration date on the permits the same as the birthday of the permittee, with the hope that this would help the permittee remember to renew. Currently, the department's support services were going through an absent redesign, which would be online in two years. The changes could be incorporated during that time. She added that the department supported making gun permit retention easier for residents. She warned of unintended consequences and judgment from other states; Kansas and Colorado were specifically cited. 3:31:24 PM Co-Chair Stoltze asked if the concern was for the permittee or the state. Ms. Stancliff replied that it was the state's concern. When other states review our laws they could withdraw their reciprocity agreement with Alaska. Co-Chair Hawker agreed that the issue should been discussed and would be revisited as necessary as the process moved forward. He added that Utah and Florida do not require residency to receive a permit. 3:33:33 PM Representative Kelly supported the legislation. He thought that the residency question should be examined for the sake of maintaining the reciprocity relationship with other states. ~DAVID SCHADE, DIRECTOR OF STATEWIDE SERVICES, DEPARTMENT OF PUBLIC SAFETY{, testified that he was available for questioning. Co-Chair Hawker hoped that, with the committee's previously demonstrated commitment to 2nd Amendment rights, that the consideration of the bill could be expedited. Co-Chair Stoltze closed public testimony. Representative Kelly recalled having a concern over the expired concealed carry permit recertification process. Co- Chair Hawker replied that that had been considered. He explained that The Department of Public Safety, through regulatory authority, allowed a 90 day grace period for permit recertification. The combination of the 90 day notice before and after the expiration date gives the permittee approximately 6 months to renew. He felt that this was an adequate timeframe for the permittee to work within. 3:37:26 PM Representative Doogan asked how many of the 90 day before expiration notices were sent out annually. Ms. Stancliff replied that there were 7,000 permits holders in the state. 3:38:48 PM Ms. Stancliff furthered that, according to the fiscal note, the department anticipated sending out 1500 notices. She added that specific numbers could be given by Mr. Schade. Mr. Schade stated that there were currently 7600 active permits, 14,000 was the high. Representative Doogan asked how many 90 day notices would be issues in an average month. Mr. Schade said that it would depend on when the permit had been issued. Some years are high volume and some are not. Representative Doogan asked if the department was confident that it could fulfill the function with a zero fiscal note. Mr. Schade replied that that was the expectation. 3:41:39 PM Co-Chair Hawker addressed the fiscal note. He relayed that when the bill came into committee it was accompanied by a fiscal note for an aggregate of $38,800. The support services of the department had projected that it would take 370 of programming, at $100 per hour, to automate the function. The ongoing rewrite of the system would include the necessary programming when completed. If the effective date of the clause were to be extended 2 years, there would be no additional expense. 3:45:17 PM Vice-Chair Thomas MOVED to ADOPT Conceptual Amendment 1: ADD an effective date of July 1, 2012 for section 1 (e). (Page 1, live 4-5) INTENT: To require the Department of Public Safety to mail a 90 day notice of expiration to permit holders starting July 1, 2012. Co-Chair Stoltze OBJECTED for discussion. Co-Chair Hawker informed the committee that the amendment would allow for the zero fiscal note by changing the effective date. Co-Chair Stoltze removed his OBJECTION. There being NO further OBJECTION, Conceptual Amendment 1 was ADOPTED. Vice-Chair Thomas MOVED to ADOPT Amendment 2, 26-LS1273\S.1, Luckhaupt, 2/15/10: Page 1, following line 2: Insert new bill sections to read:  "* Section 1. AS 18.65.700(a) is amended to read: (a) The department shall issue a permit to carry a concealed handgun to a person who (1) applies in person at an office of the Alaska State Troopers; (2) qualifies under AS 18.65.705; (3) submits on an [A COMPLETED] application [ON A] form approved [PROVIDED] by the department [, THAT PROVIDES] the information required under AS 18.65.705 and 18.65.710; [WITH EACH APPLICATION FORM PROVIDED BY THE DEPARTMENT,] the department shall post  on the department's website [PROVIDE A COPY OF] the state laws and regulations relating to concealed handguns, which must include a concise summary of where, when, and by whom a handgun can be carried under state and federal law and shall, on request, mail a  copy of the regulations and summary to an applicant or  permittee; (4) submits one complete set of fingerprints in the format approved by the department that is of sufficient quality so that the fingerprints may be processed; the fingerprints must be taken by a person, group, or agency approved by the department; the department shall maintain a list of persons, groups, or agencies approved to take fingerprints and shall provide the list to the public upon request; the fingerprints shall be used to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400; (5) submits evidence of successful completion of a handgun course as provided in AS 18.65.715; (6) provides one frontal view color photograph of the person taken within the preceding 30 days that includes the head and shoulders of the person and is of a size specified by the department; (7) shows a valid Alaska driver's license or identification card at the time of application; (8) does not suffer a physical infirmity that prevents the safe handling of a handgun; and (9) pays the application fee required by AS 18.65.720.  * Sec. 2. AS 18.65.725(a) is amended to read: (a) A permittee shall apply for renewal of a permit to carry a concealed handgun within 90 days before the expiration of the permit, on a [AND SHALL PRESENT A COMPLETE] renewal form approved [PROVIDED] by the department. The renewal form must include (1) any change in the information originally submitted under AS 18.65.710; (2) a statement that the person remains qualified to receive and hold a permit to carry a concealed handgun under AS 18.65.705; (3) one frontal view photograph of the person taken within the preceding 30 days that includes the head and shoulders of the person and is of a size specified by the department; (4) the renewal fee required under AS 18.65.720; and (5) the warning listed in AS 18.65.710(a)(6)." Page 1, line 3: Delete "Section 1" Insert "Sec. 3" Renumber the following bill sections accordingly. Co-Chair Stoltze OBJECTED for the purpose of discussion. Ms. Stancliff explained that the amendment would give the department authorization to post the concealed handgun applications and other documents online, which would streamline the process. Co-Chair Hawker added that the amendment recognized the existence of emerging technology. 3:47:40 PM Co-Chair Stoltze removed his OBJECTION. There being NO further OBJECTION, Amendment 2 was ADOPTED. Co-Chair Stoltze discussed fiscal note 2. Due to the action of Amendment 1, a zero fiscal note was reported out, replacing the previous fiscal note 2. 3:48:39 PM Ms. Stancliff pointed out to the committee that the department would still have licensing and mail out costs, under $2,000, which would be absorbed by the department. Representative Austerman wondered if statutory language was necessary to allow the department to post applications on the website. Ms. Stancliff replied that statutory language should not be necessary when the approved forms were used. Vice-Chair Thomas MOVED to report CSHB 319 (JUD), 26- LS1273\S, as AMENDED, out of Committee with individual recommendations and the accompanying zero fiscal note. CSHB 319 (JUD), 26-LS1273\S, was REPORTED out of committee with a "do pass" recommendation and with a new zero fiscal note by the Department of Public Safety and a previously published fiscal impact note: FN1 (LAW). 3:51:16 PM Co-Chair Hawker discussed housekeeping. Co-Chair Stoltze discussed housekeeping.