SB 294-CONCEALED HANDGUN PERMIT AMENDMENTS MR. JIM POUND, staff to Chairman Taylor, made the following comments: Alaska's concealed carry law has been one of the most successful programs in the United States. That success is based, in part, on the original intent of the legislation to allow only knowledgeable, law-abiding citizens to obtain state permits to carry concealed handguns. Although the program has been successful, there are several recurring problems with the implementation and management of the program. CSSB 294 proposes statutory changes to improve and streamline the process to obtain and renew a concealed handgun permit. Applicants will no longer be required to have a sworn application; permit holders will be allowed to submit their renewal applications 60 days prior to expiration, allowing more time to complete the renewal process before the expiration date; a new photograph will be required every seven years, instead of every five years as required now and additional thumb prints will no longer be required during the renewal process. The bill also makes changes to some of the training and education statutes, streamlining the process and making reciprocity with other states easier. An applicant will be required to provide evidence of completion of a handgun or firearms safety course, but it will eliminate the more subjective requirement by eliminating the specific statutory definition of "competence," which is causing problems with reciprocity in other states. Alaska State Troopers will be authorized by statute to help teach handgun courses, which may generate additional revenue. CSSB 294 makes the statute apply equally to all citizens statewide and clarifies the standards for recognition of permits from other states. SENATOR DONLEY moved to adopt the proposed committee substitute for SB 294, work draft 1-LS1543\G, Luckhaupt, dated 3/24/00. There being no objection, CSSB 294 was adopted as the working draft. MR. VICTOR GUNN, speaking on his own behalf as a retired deputy chief of police, said he endorses all of the changes encompassed in CSSB 294. There is pending federal legislation that will allow law enforcement officers to carry concealed handguns out of their jurisdiction, it also allows qualified retired law enforcement officers the opportunity to carry concealed handguns without a permit. Mr. Gunn suggested the committee incorporate some of this language into a conceptual amendment for CSSB 294. Number 423 SENATOR DONLEY said he does not support allowing retired law enforcement officers the opportunity to carry a concealed handgun without a permit, but he does not have a problem with active law enforcement officers carrying concealed handguns. MR. GUNN responded that retired police officers have had a tremendous amount of firearm and classroom experience on the use of deadly force, and while on the job they are required to qualify annually, at a minimum. CHAIRMAN TAYLOR moved the conceptual amendment to allow existing law enforcement officers to carry concealed handguns. There being no objection, the conceptual amendment was adopted. CHAIRMAN TAYLOR also expressed his concern about retired police officers not having background checks before being given a permit. CHAIRMAN TAYLOR announced he would like to adopt the committee substitutes for SJR 15 and SB 233 before committee members had to leave for other meetings, so CSSB 294 was set aside until later in the meeting. Number 1066 SB 294-CONCEALED HANDGUN PERMIT AMENDMENTS MR. TOM BOUTIN, speaking for himself, stated that this is an excellent program. Wherever concealed carry has been reviewed, it has been found to lower the crime rate, and Alaska's program has worked at least as well as any other state. Mr. Boutin stated he supports SB 294. Number 1133 MR. BRIAN JUDY, Alaska State Liaison for the National Rifle Association (NRA), stated he is speaking on behalf of the more than 20,000 members of the Alaska NRA. Mr. Judy made the following comments: The NRA agrees with all of the changes in CSSB 294 and likes the fact that more out-of-state permits will be recognized in Alaska. A permit holder from another state who is 21 years of age and legally able to own a handgun and who has passed a finger print based background check and who has completed a handgun or firearm safety course will qualify. The NRA believes the municipal opt-out provision is unconstitutional and should be deleted. CHAIRMAN TAYLOR asked if he is suggesting the committee add language to the bill in the form of an amendment. MR. JUDY responded no, the language in the current CS takes away from municipalities the ability to put on the ballot and opt-out of the concealed weapon permit law, which is consistent with the state constitution. This is a provision that was virtually unused--only one community has attempted to opt-out. MR. JUDY noted that the NRA supports deleting the competency requirement. Number 1420 SENATOR DONLEY asked how long the CCW permits are good for now. MR. JUDY responded they are good for five years under existing law. MS. JANIE WINEIGER, field representative for the NRA, commented she is an instructor for the NRA and has had many calls concerning some of the needed changes. Alaska residents want to know what the law is and how it applies and they want to know what agreement Alaska has with other states. As an instructor she needs clear, concise information to pass on to permit holders in state and out of state. States that grant reciprocity need to be listed, and the permits and licensing department needs to update the web site accordingly. The demonstration of competency with caliber and action types is not needed--live fire is always part of the course curriculum. The issuance of permits has been critically slow and the process needs to be streamlined so people can receive their permits in a timely manner. Ms. Wineiger supports CSSB 294. Number 1570 MS. LAUREE HUGONIN, Director of the Alaska Network on Domestic Violence and Sexual Assault, stated she is glad she does not often have to come before the committee in opposition to a bill. The Network is opposed to the changes in CSSB 294, especially the seven year time limit for the photo--a persons appearance can change within a matter of months, let alone seven years. The Network does not want the demonstration of competency with specific action type and caliber removed from the permit process, and they feel it is important to give communities the opportunity to opt-out--people should be able to decide how they want their community to be. Number 1681 MR. ELZIE ISLEY, representing himself, stated he thinks SB 294 is a wonderful bill. Number 1709 LIEUTENANT DAVID HUDSON, Department of Public Safety (DPS), stated DPS appreciates what the committee has done to help benefit the program. Lieutenant Hudson suggests that "at least as strict" should be removed completely from the statute. Language can be added that says a person holding a valid permit to carry a concealed handgun from another state and with a signed statement from an authorized representative of that state saying they will accept an Alaska concealed handgun permit, that Alaska will reciprocate by taking that state's permit. LIEUTENANT HUDSON said that rather than change the competency requirement and a couple of issues concerning misdemeanors, if the reciprocal agreement is signed at the level of permit managers, Alaskan's could be allowed to carry firearms with their concealed handgun permit in other states. Lieutenant Hudson said he supports changing the renewal process allowing applicants to file for a permit renewal up to 60 days after the expiration of their permit. He also thinks that eliminating the thumbprint on the renewal is an excellent idea. LIEUTENANT HUDSON stated he is confused about the photograph issue. The CS indicates that if a person has had a permit for five years, when applying for a renewal they can provide a photograph that was taken two years before they applied for their initial permit. The whole idea of a photograph is to allow for the change in a persons appearance. LIEUTENANT HUDSON said that changing the law from perjury to unsworn falsification fits in with the Title 28 vehicle laws. Not needing a notarized signature will save people money and make the process more convenient. Number 1982 CHAIRMAN TAYLOR asked what is required now for a drivers license photograph. LIEUTENANT HUDSON responded a photograph is good for a maximum of ten years by allowing a sticker to put on the back of the license in lieu of updating the photograph. MR. DUANE UDLAND, representing the Alaska Association of Chiefs of Police, said the Association has a problem with some of the language in the bill. On page 4, section 6, it appears that a permit can no longer be revoked for false information, and the Association feels that losing a permit should be an option. Another problem is on page 7, section 12(a)(2), "crimes against a person" is the only misdemeanor that counts--burglaries and thefts should be considered for screening with the possible outcome of a denied permit. CHAIRMAN TAYLOR noted that some of Mr. Udlands concerns have been addressed in CSSB 294. MR. PAT JOHNSON, a member of the NRA and a concealed carry instructor in Homer, said, overall, he thinks CSSB 294 is a good bill. He likes Lieutenant Hudson's suggestion for reciprocity as it is a continuing problem. He said that 95% of his students do not need competency testing because students do a lot of dry firing during a course, and he will not sign off on a certificate if he does not like someone's attitude or if they do not have the ability to fire a gun safely.