HJR 9 - DESTROY BRADY BILL RECORDS CHAIRMAN KOTT announced the first order of business is HJR 9, Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system. CHAIRMAN KOTT called on Representative Eric Croft, sponsor of the bill. Number 0123 REPRESENTATIVE CROFT stated HJR 9 deals with a conflict between the statutes authorizing the instant check system for gun purchases of the Brady Handgun Bill and the regulations promulgated pursuant to those statutes. In other words, the regulations implementing the instant check system do not fit with the statutes. The Brady Handgun Bill specifically said that there will not be a federal registry of lawful gun owners. The language from the Brady Handgun Bill reads, "all records shall be destroyed of the system with respect to the call other than the identifying number and date and all records system relating to the person or transfer." In his opinion, that language is clear. The regulations originally said that records could be kept for 18 months then it was reduced to 6 months, and as Representative Murkowski noted before the meeting started a possible further reduction was considered on February 28, 1999. He is not aware of the results of that meeting, however. It was not a matter of revisiting whether or not to keep the records at all, but just a change in the period of retention. Although the statute passed by Congress, did not say immediately destroy, there is a difference between the term "keeping" and the term "destroying". In this case, the regulations propose keeping not destroying. Number 0349 REPRESENTATIVE MURKOWSKI asked Representative Croft if it is reduced to a 48-hour retention for example, as the result of the review, what would that do to the joint resolution. Number 0375 REPRESENTATIVE CROFT replied if it is reduced to zero the resolution is not needed. Forty-eight hours makes it less troublesome, but any keeping of records is troublesome from a legal standpoint because the regulations do not comply with the statutes. In addition, this is such a hot topic and a well-known concern in the gun owner community that a conscious decision should be made up front. Mr. Del Smith from the Department of Public Safety will testify that the state did not need to keep this information for audits or any other purposes when it managed the information. An audit can be done with the identifying number and date - what the statute allows. Number 0504 CHAIRMAN KOTT asked Representative Croft whether he is aware of any abuses in regards to record keeping. REPRESENTATIVE CROFT replied keeping records is an abuse, but he is not aware of them being used for any other purposes. REPRESENTATIVE KOTT opened the meeting up to public testimony. Number 0570 BRIAN JUDY, Alaska State Liaison, National Rifle Association of America (NRA), Institute for Legislative Action, testified via teleconference from California. He is speaking on behalf of the NRA members in Alaska in strong support of HJR 9. In 1993, the NRA worked closely with Congress in drafting the law that created the national instant check system - the Brady Handgun Bill. The main inference of the NRA was to ensure privacy for firearm owners, and one of the provisions was to destroy the records. The Brady Handgun Bill says that no governmental agency may require any record to be recorded or transferred at a governmental facility and that facility can't use a system to create a registration system or transaction, except with respect to those prohibited from receiving a firearm. The Brady Handgun Bill specifically says that all records will be destroyed for law abiding citizens, except for the transaction identification number and the date of transaction. History has shown that firearm registration systems have led to firearm confiscation mandates, and NRA members clearly understand that the creating of a gun registration system is a major step towards the destruction of the Second Amendment of the U.S. Constitution. In addition, he agrees with Representative Croft that any retention - 18 months, 6 months, 48 hours - is contrary to the law for law abiding citizens. Furthermore, of the hundreds of thousands that the Brady Handgun Bill has stopped from purchasing firearms only about seven have been prosecuted. In conclusion, he reiterated the law provides that information be maintained on the bad guys and that zero information be maintained on the law abiding citizens. Number 0814 CHAIRMAN KOTT asked Mr. Judy whether he is aware of any abuses of information currently being held. MR. JUDY replied keeping records is an abuse of the law and contrary to its intent, but he doesn't know whether they have been used for any particular person. Number 0848 REPRESENTATIVE ROKEBERG asked Mr. Judy how the Brady Handgun Bill squares with local jurisdictions and requirements for handgun registrations. Number 0874 MR. JUDY replied it is a question that hasn't been resolved. He cited the state of California maintains records of handgun purchasers. He explained the federal law only restricts the maintenance of records by the federal government. But, the extent that California is acting as an agent of the federal government, for example, is a question that hasn't been resolved. It is feasible that the state may be prohibited from maintaining records as well. A lot of gun owners would like to see that happen. Number 1016 CARL ROSIER, Vice President, Alaska Outdoor Council (AOC); Board Member, Territorial Sportsman Incorporated (TSI), testified in Juneau. For many years these organizations have been strong supporters of shooting sports as well as a citizen's right to purchase, use and keep firearms in a responsible manner. It is a pleasure to see the strong bipartisan support of HJR 9 reflected in the sponsorship and cosponsorship. These organizations believe that the Brady Handgun Bill clearly indicated that once the instant check was completed there is no justification or rationale for maintenance of records on a legally qualified buyer. These organizations believe that it is a subversion of the law with further potential to invade rights of law abiding citizens. Who knows how the information will be used? Who knows who might have access to those records? What prevents a 6-month retention of records from being extended to 12 months? What law abiding citizen wishes to have a Federal Bureau of Investigation (FBI) file for a day let alone six months for simply purchasing a legal firearm? The Brady Handgun Bill was quite clear in its intent and once again federal agencies are attempting to go beyond the congressional authority granted to them. Those efforts, if not corrected, do nothing but undermine the trust of government by law abiding citizens. These organizations strongly support HJR 9 and urge the legislature to move it through the legislative process expeditiously. He said, "Let's protect the provision of our Second Amendment rights." Number 1161 DEL SMITH, Deputy Commissioner, Department of Public Safety, testified in Juneau. From 1994 to November 30, 1998, under the original provisions of the Brady Handgun Bill, the state did not retain any records of those legally authorized to purchase a weapon. The records were immediately destroyed within a couple of minutes. He cited during that time 57,500 checks were done by state and local law enforcement agencies of which 1,532 were denied. Nationally, there were 242,000 rejections out of 10.4 million requests to purchase a firearm. Number 1249 CHAIRMAN KOTT asked Mr. Smith to explain the reasons why 1,532 would be denied a permit. MR. SMITH replied primarily they would be prohibited or denied a permit because of crimes committed, mental issues, or domestic violence convictions, for example. Number 1307 REPRESENTATIVE ROKEBERG asked Mr. Smith whether there are any municipal registration requirements for firearms in the state. MR. SMITH replied not that he knows of. REPRESENTATIVE ROKEBERG asked Mr. Smith whether there is a prohibition in statute prohibiting that. MR. SMITH replied he can't quote one off the top of his head. According to his understanding, the registration of firearms is neither required nor allowed. In fact, under the concealed handgun program, the state makes sure that no records are kept other than what a person qualifies with and that information is not available to anybody but the Department of Public Safety. Number 1392 CHAIRMAN KOTT called for an at-ease at 1:32 p.m. and called the meeting back to order at 1:34 p.m. Number 1401 SCOTT T. CALDER testified via teleconference from Fairbanks. He referred to page 2, line 4, "WHEREAS the actions of the FBI are contrary to both the letter and the spirit of the Brady Handgun Bill and further erode the constitutional right of Alaskans to keep and bear arms;". He stated it is a real important concept and the people need to hear about it more from the legislators. This type of concern is the reason for the Second Amendment of the U.S. Constitution. One of the reasons there are social problems attributed to gun ownership, bad weather, bad parents and everything else is because there is this type of intrusion into our daily lives. He applauded the sponsor of the resolution and encouraged any method to make it stronger or find a way to participate without being threatened. CHAIRMAN KOTT noted that any infringement upon a federal constitutional right is alarming. Number 1543 REPRESENTATIVE ROKEBERG asked Representative Croft why a copy of the resolution is not being directed to the director of the FBI. REPRESENTATIVE CROFT replied he should have thought of that. He has no objection to including it. Number 1564 REPRESENTATIVE ROKEBERG made a conceptual motion to include the director of the FBI in the "COPIES" section of the resolution. There being no objection, it was so moved. Number 1600 CHAIR JAMES made a motion to move HJR 9, as amended, from the committee with individual recommendations. There being no objection, CSHJR 9(JUD) was so moved from the House Judiciary Standing Committee.