HJR 35-REPEAL BRADY ACT Number 0080 CHAIR BARNES announced that the first order of business would be HOUSE JOINT RESOLUTION No. 35, "Relating to requesting the United States Congress to repeal the Brady Handgun Protection Act." RYNNIEVA MOSS, Legislative Aide to Representative John B. Coghill, Alaska State Legislature, presented the sponsor statement of Representative Coghill, prime sponsor of HJR 35, on his behalf. Ms. Moss read the following: In reading the direction of congressional actions on gun control, it appears that Congress has given up on the Second Amendment. Congress is reviewing legislation that would disallow civil suits against gun manufacturers and disallow retention of criminal search records of law-abiding citizens. But Congress is doing too little to restore the ability of individuals to protect themselves and their families. The federal government regulates the sales of guns through the Bureau of Alcohol, Tobacco, and Firearms. There is a burdensome requirement of licensing for gun dealers that includes criminal background checks and reporting serial numbers of firearms sold. I checked with Del Smith, deputy commissioner of [Department of] Public Safety, and they do not participate in any of the crime checks. The question has to be, Who does the Brady Act protect? We already know that illegal weapons are the prized commodity that comes with burglary and sometimes death. We have seen from the Swiss practice of requiring citizens to be armed that crime is reduced, yet we persist in broadening the Brady Act that was created to establish a criminal check and gun registry into a gun-ban law. The fact of the matter is that criminals do not buy firearms through legal means, and when criminals do attempt to purchase firearms, contrary to the Brady Act, the law is not enforced by this administration and criminals are not prosecuted. But we continue to intimidate law-abiding citizens and invade their privacy. If the Brady Act is not enforced, then there is no compelling interest on the part of the federal government to invade the privacy of law-abiding citizens, restrict their ability to protect themselves and their families against criminals left on the streets, or, for that matter, limit their ability to provide food for their families. Number 0307 REPRESENTATIVE JOULE asked Ms. Moss if she knew of any law- abiding citizens who had been denied [the right to purchase a gun] once that person went through the background check. He said he could understand its [the procedure's] being a bit cumbersome, but he wondered if anybody had been denied. MS. MOSS said she did not have an answer to that question, and that she suspected one would have to look at the direction in which the Brady Act has gone, broadening the powers of the Brady Act, which restrict what guns can be purchased. She said there is a long list of guns that cannot be purchased anymore. In fact, a lot of the hunting rifles used in Alaska are considered semi-automatic weapons. One also has to look at the trend toward people who have been convicted of a misdemeanor, domestic violence; they are no longer qualified to purchase guns. If she had to give an opinion [as to whether any law-abiding citizen had been denied the right to purchase a gun], the answer would be yes. CHAIR BARNES asked if Representative Croft had not sponsored a similar measure that the committee already had passed. MS. MOSS said yes, the similar bill was House Joint Resolution 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." It is now in the Senate State Affairs Committee. Ms. Moss explained that House Joint Resolution 9 encouraged Congress to enact legislation that would prevent the retention of crime check [reports] on citizens that said those citizens had no criminal records. CHAIR BARNES asked if House Joint Resolution 9 specifically dealt with the Brady Act. MS. MOSS confirmed that it did. REPRESENTATIVE MASEK made a motion to move HJR 35 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HJR 35 was moved out of the House Special Committee on World Trade and State/Federal Relations.