SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS  3:32:56 PM CHAIR SHOWER announced the consideration of SENATE BILL NO. 136 "An Act relating to firearms and other weapons restrictions." 3:33:56 PM SENATOR ROBERT MEYER, Alaska State Legislature, Juneau, Alaska, sponsor of SB 136 stated that this legislation seeks to protect the Second Amendment right of citizens during a disaster declaration. 3:34:27 PM MICHAELA ANDERSON, Staff, Senator Robert Meyer, Alaska State Legislature, Juneau, Alaska, stated that SB 136 was introduced as a companion to HB 179. These bills address the closure of gun stores, munition stores, and firing ranges during the COVID-19 pandemic because they were deemed nonessential. She stressed that this threatened Second Amendment rights. MS. ANDERSON explained that SB 136 clarifies the extent of the emergency authority granted during an emergency declaration regarding the Second Amendment and the constitutional right to keep or bear arms. SB 136 states that during a disaster declaration, [the governor, a state agency, or a municipality] may not forbid possession, use, or transfer of a firearm, a firearm accessory, ammunition, or other weapon for personal use. The bill also states that closures or limitations on commerce must be applied equally to all forms of commerce. MS. ANDERSON reported that last month a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit ruled that it was a violation of Second Amendment rights for Los Angeles County to have ordered the closure of gun stores and shooting ranges in 2020 in response to the COVID-19 pandemic. 3:34:58 PM SENATOR REINBOLD joined the committee. 3:35:49 PM MS. ANDERSON presented the following sectional analysis for SB 136: [Original punctuation provided.] Section 1.  Adds new sections to Article 5 of AS 44.99. a) Establishes that notwithstanding a disaster emergency declared under AS 26.23.020, a state or municipal agency may not impose the following: a. Forbid the possession, use, or transfer of a firearm, a firearm accessory, ammunition, or other weapon for personal use. b. Order the seizure or confiscation of a firearm, a firearm accessory, ammunition, or other weapon for personal use. c. Limit the quantity or place other restrictions on the sale or service of firearms, firearm accessories, ammunition, or other weapons for personal use. d. Unless the closure or limitation applies equally to all forms of commerce within the jurisdiction, close or limit the operating hours of the following: i. An entity engaged in the sale or service of firearms, firearm accessories, ammunition, or other weapons for personal use, or ii. An indoor or outdoor shooting range. e. Suspend or revoke a permit to carry a concealed handgun issued under AS 18.65.700, except as provided in AS 18.65.735 and 18.65.740; or f. Refuse to accept an application to carry a concealed handgun, provided the application contains the information required under AS 18.65.710. b) Establishes that this section does not apply to the possession of a firearm, a firearm accessory, ammunition, or other weapon by a person who is prohibited from legally possessing a firearm, a firearm accessory, ammunition, or other weapon under state law. c) Establishes that a person may bring a civil action in superior court if the person is adversely affected by a violation of (a) of this section, and the person is the following: a. Qualified under state law to possess a firearm, a firearm accessory, ammunition, or other weapon; or b. A membership organization consisting of two or more individuals eligible under (1) of this subsection that is dedicated in whole or in part to the protection of the rights of persons who possess or use firearms or other weapons. d) Notwithstanding AS 09.17.020(f) - (h), a prevailing plaintiff under (c) of this section may recover. a. The greater amount of actual economic damages or punitive damages in the amount of three times the plaintiff's attorney fees. b. Court costs; and c. Attorney fees. e) Defines "State or Municipal Agency" to include the following: University of Alaska or a department, institution, board, commission, division, council, committee, authority, public corporation, school district, regional educational attendance area, or other administrative unit of a municipality or of the executive, judicial, or legislative branch of state government, and includes employees of those entities. Section 2.  Repeals AS 44.99.500(g)(1) which is the definition of a firearm accessory 3:36:54 PM CHAIR SHOWER asked if this not only defines what the state can and cannot do during a disaster declaration, but also limits what the state will do in cooperating with federal laws. SENATOR MEYER replied the bill does not directly address what the state can and cannot do regarding federal laws, but the state would not help with a federal policy by issuing an order or proclamation. CHAIR SHOWER asked if his expert witness might have thoughts on this considering what is happening in the rest of the country. SENATOR MEYER said he would like to hear what Ms. Cline has to say because she is tracking the national movement. 3:39:40 PM AOIBHEANN CLINE, Esq., Northwest Regional Director, National Rifle Association (NRA), Fairfax, Virginia, stated that SB 136 is drafted solely to apply to state and municipal actions. However, the 9th Circuit Court of Appeals held in a federal case that such actions were unconstitutional when applied by a county ordinance. CHAIR SHOWER asked if the federal case related to a municipal action that was struck down as unconstitutional. MS. CLINE replied it was a municipal ordinance in Los Angeles County that restricted access to gun stores and ranges. A federal three-judge panel recently ruled that was unconstitutional under the Second Amendment of the U.S. Constitution. 3:40:44 PM SENATOR REINBOLD offered her reading of the language on page 1, line 5 of the original version of SB 136, which was contrary to her understanding of the sponsor's intent. CHAIR SHOWER observed that she was reading from the version that was not before the committee. SENATOR MEYER explained that the term "notwithstanding" created confusion in the first committee of referral and it was removed. The point was and is that despite a disaster declaration, there are certain things [the governor, a state agency, or a municipality] may not do. These entities may not limit individuals' Second Amendment rights just because a disaster was declared. SENATOR REINBOLD read Sec. 44.99.510, which was followed by paragraphs (1)-(6) that delineate the actions that would be prohibited. (a) During a disaster emergency declared under AS 26.23.020, the governor, a state agency, or a municipality may not issue or adopt an order, proclamation, regulation, ordinance, or policy She called it a good change but articulated her preference for language that says nothing in the constitution can be suspended during an emergency, only during Martial Law which only lasts 30 days. She warned that she may offer amendments to the bill. 3:43:25 PM CHAIR SHOWER said he appreciates the bill because constitutional rights are based on reason and the hurtle to suspend those should be high. He acknowledged that Marshal Law may be warranted, depending on the level of the crisis. He mentioned Hurricane Katrina and relayed stories he heard that many people chose not to evacuate and that police went door to door confiscating weapons. He said this left people essentially defenseless to protect their homes. It is an example of why constitutional rights should be protected, he said. He found no questions or comments and asked the sponsor if he had any closing comments. 3:45:33 PM SENATOR MEYER thanked the committee for hearing the bill. CHAIR SHOWER held SB 136 in committee.