SENATE JUDICIARY COMMITTEE February 10, 1999 1:35 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator Dave Donley Senator John Torgerson Senator Johnny Ellis MEMBERS ABSENT All members present COMMITTEE CALENDAR SENATE JOINT RESOLUTION NO. 6 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. -HEARD AND HELD PREVIOUS SENATE COMMITTEE ACTION SJR 6 - No previous action to report. WITNESS REGISTER Mr. Roger McKowan Staff to Senator Lyman Hoffman State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Presented SJR 6 Mr. Roy Hoyt Box 2121 Homer, AK 99603 POSITION STATEMENT: Supported SJR 6 Mr. John Zabielski Box 453 Tok, AK 99780 POSITION STATEMENT: Supported SJR 6 Mr. Harvey Harris Box 661 Glenallen, AK 99588 POSITION STATEMENT: Supported SJR 6 Mr. Austin Mahalkey Box 455 Glenallen, AK 99588 POSITION STATEMENT: Supported SJR 6 ACTION NARRATIVE TAPE 99-9, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 1:35 p.m. and announced SJR 6 was the first and only order of business. SJR 6-DESTROY BRADY BILL RECORDS MR. ROGER MCKOWAN, staff to Senator Lyman Hoffman, stated that under the Brady Bill, the United States Code specifies that records relating to a clean insta-check are not to be retained. However, the Brady Bill regulations say "in cases of allowed transfer, all information will be destroyed after not more than six months." Senator Hoffman feels this regulation is not in the spirit of the Brady Bill. SJR 6 would send a message to the President and Congress that Brady Bill records should be destroyed. MR. MCKOWAN said the National Rifle Association (NRA) has "adopted pretty much the same thinking, I think." CHAIRMAN TAYLOR asked what the exact position of the NRA is on insta-check. He said he thought the NRA had supported insta-check; MR. MCKOWAN was not certain of their position. CHAIRMAN TAYLOR said he had opposed insta-check out of fear that once records existed, they would not be detroyed or removed from the federal computer. Number 099 SENATOR HALFORD believed the NRA did not support insta-check, except as a last-ditch compromise to avoid a waiting period. SENATOR HALFORD said it seems the message of SJR 6 should be to repeal the whole (Brady) Bill. MR. MCKOWAN replied Senator Hoffman had been approached with a concern about records and that was what he was attempting to address. SENATOR HALFORD responded by saying he could not support anything that "implies, in any way, acquiescence to any part of the Brady Bill." In order to support this resolution, he would have to offer an amendment to encourage repeal of the bill. MR. MCKOWAN said he believes Senator Hoffman wants to limit the scope of SJR 6. SENATOR ELLIS observed that the media had portrayed the NRA as being in favor of insta-check. Accurate or not, he suggested the committee should find out what the NRA position actually is. CHAIRMAN TAYLOR agreed. He would like the NRA position on insta- check and the current regulations to be on the record. Number 162 MR. ROY HOYT testified from Homer in favor of the resolution. MR. HOYT holds a federal firearms license and believes the retention of Brady Bill records "is a one-way ticket to total gun registration and control." He supports repeal of the Brady bill. MR. JOHN ZABIELSKI, who also holds a federal firearms license, agreed the Brady Bill should be repealed. CHAIRMAN TAYLOR asked MR. ZABIELSKI what impact the Brady Bill has had on his businesses. MR. ZABIELSKI replied he has to call in for any sale and "it's been a real hassle." He suggested the State should take over the insta- check procedure. MR. HOYT agreed with MR. ZABIELSKI. Number 219 SENATOR HALFORD moved his amendment. The text of the amendment read: Page 2, line 6, following "arms;": Insert "and WHEREAS H.R. 1025 violates the provisions guaranteeing the right to keep and bear arms provided in both the Alaska and the United States Constitutions, and it violates the Tenth Amendment of the United States Constitution;" Page 2, line 12, following "firearms": Insert"; and be it FURTHER RESOLVED that the Alaska State Legislature respectfully requests that Congress repeal H.R. 1025; and be it FURTHER RESOLVED that the Alaska State Legislature respectfully requests that Governor Knowles direct the Attorney General to pursue a vigorous legal challenge of H.R. 1025" Page 2, line 16, following "Representatives;": Insert "the Honorable Tony Knowles, Governor of the State of Alaska; the Honorable Bruce Bothelo, Attorney General of the State of Alaska;" SENATOR HALFORD explained the amendment adds to SJR 6 sections disputing the constitutionality of the Brady Bill, requesting Congress to repeal the Brady Bill and asking Governor Knowles and the Attorney General to pursue legal challenges to the Brady Bill. SENATOR ELLIS objected to the motion on the basis that the committee should first get the position of the bill sponsor. SENATOR HALFORD replied that the committee asked, but did not get an answer from the sponsor's staff on this issue and passing the resolution as it is now would be objectionable. Number 250 SENATOR DONLEY agreed with SENATOR HALFORD and also objected to the misuse of data collected under the Brady Bill. He said there have been no prosecutions of illegal gun buyers under the bill by the "heinously anti-gun" Clinton Administration. SENATOR ELLIS asked CHAIRMAN TAYLOR if he would hold the bill and the amendment. CHAIRMAN TAYLOR deferred to SENATOR HALFORD who agreed to hold the amendment and check with the NRA and the sponsor in the meantime. CHAIRMAN TAYLOR agreed to hold SJR 6 and the amendment and bring it up Wednesday the 17th of February. MR. HARVEY HARRIS, from Glenallen, testified in support of SJR 6 and the proposed amendment. MR. AUSTIN MAHALKEY also testified from Glenallen and informed the committee that the NRA has filed a federal suit against Brady Bill record keeping. He suggested the Legislature join that suit. CHAIRMAN TAYLOR said he was glad to hear a suit had been filed. However, according to a court ruling, only the Governor has standing to join a suit on behalf of the state. CHAIRMAN TAYLOR indicated that is why SJR 6 contains language urging the Governor to "pursue a vigorous legal challenge" to the Brady Bill. SENATOR HALFORD commented that could include the Legislature filing an "amicus." CHAIRMAN TAYLOR agreed. With no further business to come before the Judiciary committee, CHAIRMAN TAYLOR adjourned the meeting at 2:02 p.m.