Sponsor Statement for SB 141

Sponsor Statement for HCSSB 141(FIN)

Revisions to Alaska’s Concealed Handgun Permit Law:

Smaller, smarter government: less bureaucracy and more clarity for citizens

The intent of SB 141 is simple:

There is no reason the permitted few should be more restricted than the unregulated many. Treat people and their handguns equally. All Alaskans, who are not otherwise prohibited by federal or state law from owning or possessing handguns, can carry handguns openly in certain places and can carry concealed without a permit in certain places. An Alaskan should be able to carry a concealed handgun in those same places, we should do no more than require fingerprinting, training, and background checks.

With the exception of lowering of the permit fee, the Alaska Peace Officers Association supports SB 141.

The Police Chiefs of the North Slope Borough, Valdez and Wasilla have either spoken out or testified in favor of SB 141.

SB 141 is endorsed by the Alaska Outdoor Council and the National Rifle Association.

The concerns of the Department of Public Safety have been addressed in SB 141. The Department notes that without an increase in volume, reducing fees could result in not collecting enough funds to cover costs of the program. This represents unparalleled support from law enforcement for concealed carry legislation.

OBSERVATIONS

There have been over 6,300 permits issued in Alaska for carrying concealed handguns since that right was recognized in state law in 1994. The Department of Public Safety has done a remarkable job of ensuring fair and speedy processing of applications.

However, Alaskans have voiced some complaints on overly restrictive and confusing prohibitions and regulations leading to a burdensome waste of time. Many of these stipulations were included in the original legislation due to courteous consideration of the dire predictions of mayhem in the streets from some members of the legal community and law enforcement. None of those dire predictions has proven accurate during years of experience and it is appropriate to restore equal rights for law-abiding citizens.

According to the information we have from the Department of Public Safety, of 6,300 permittees, not one person has used their concealed handgun to commit a crime.

Similar legislation (SB 177) passed last session by large majorities, but was vetoed by the Governor. Even though legislation last year prohibited anyone from drinking and carrying a concealed handgun, some felt that whether one was drinking or not, no concealed handguns should be allowed in bars. In the spirit of compromise, we have drafted SB 141 to allow concealed handguns in restaurants regulated under AS 04.16.049 and not in bars.

This bill does not change other state law restricting carrying weapons in bars or schools. Other existing laws restricting handguns in bars and schools remain in force.

If SB 141 is passed, the simple effect would be that anywhere you can carry a handgun openly (which you can do without training, without background checks, without fingerprinting, and without a permit) you will be able to carry a permitted concealed handgun.

If 300,000 adult Alaskans can legally carry a handgun openly, there is no reason to have greater restrictions for the 6,300 Alaskans who have been fingerprinted, checked, trained and permitted.

The existing law is too restrictive, too confusing and too expensive. For example, under current law you are prohibited from walking into a financial institution with a permitted concealed handgun, but you are allowed to take the handgun out and carry it openly into the bank. Existing law too often turns common sense on its head.

SECTIONAL ANALYSIS

Section 1 and 2 amend Alaska criminal statutes to make clear that no felon, even a non-violent felon, would ever be able to apply for a concealed carry permit. In addition, although criminal law does prohibit possession of any firearm on school property, at school sponsored events, some felt it should be made more clear if school buses were identified. Rep. Davies proposed an amendment adopted unanimously in House Finance to clearly prohibit possession on school buses without written permission of the school administrator.

Although the court system has already prohibited possession of firearms in state court buildings, the House Finance committee felt it advisable to reiterate the prohibition in statute as well. Although this prohibition is completely redundant, it does not compromise the principle that once permitted, if you can carry concealed, you can carry openly.

Sections 3, 5 and 15 of the bill make several things much cleaner and easier to enforce. If a person is a concealed handgun permit holder from another state with permit requirements at least as strict as Alaska and comes to Alaska to visit, we will recognize that permit. However, that person is responsible for following the laws regulating Alaskan permit holders. Section 15 recognizes a visitor's out-of-state permit for 120 days in Alaska, but no longer. This also allows a new Alaskan resident an opportunity to make the transition from one state to Alaska and comply with the 90 day waiting period mandated by our permit law and the 30 day application period with the Department of Public Safety.

Sections 3 and 5 improve definitions and continue to permit a municipality or village to prohibit possession of concealed handguns.

Section 5 leaves existing law in place making bars off limits to concealed handguns, but does allow access to restaurants identified under AS 04.16.049. If the Alcohol Beverage Control Board fins that a business, or a specific area of a business, is not a bar you will be allowed to carry concealed, but you will not be allowed to drink any alcohol.

Sections 7 and 11 ensure that the applicant for a permit receives a copy of the state law and regulations and certifies the applicant read them. The bill also requires the Department of Public Safety to compile a concise summary of where, when and by whom a handgun can be carried under state and federal law. The Department is already working to compile this summary.

Section 8 requires the Department to process the permit if the permittee is otherwise eligible without having to wait for weeks or months for the F.B.I. to complete fingerprinting checks. The Department is given authority to immediately revoke a conditional permit whenever it receives information from checking fingerprinting that makes the permittee ineligible. This conforms statute to what the Department of Public Safety already does in practice.

Section 10 simplifies the standards for qualifications to apply for a permit.

Federal and state law already address who may own or possess a handgun.

In addition, this section prohibits anyone convicted of a two Class A misdemeanors in the last six years from applying for or retaining a concealed carry permit. The Department of Public Safety strongly supports this provision in SB 141.

Under existing law, in order to carry openly you must be 21 years of age or older and be allowed by state or federal law to own or possess a handgun. Those under 21 can carry with their parent's permission.

Under existing state law, in order to carry concealed during outdoor activities, in your dwelling, in your business, where you are employed or on land owned or leased by the person (see AS 11.61.220) you must be 16, and you must be allowed by state and federal law to own or possess a firearm.

Under existing law, in order to carry concealed in other places than those mentioned above, you must acquire a permit. If SB141 is passed, in order to do that you must be 21, you must be allowed by state and federal law to own or possess a firearm, you must be a 90 day resident of the state immediately preceding your application for a concealed handgun permit, you must receive training and education and you must demonstrate competence with a handgun.

Section 12 simply reduces the fees from $125 to $99 for initial application and from $60 to $30 for renewal or replacement to better reflect the true cost. Other States have even lower fees or no fees at all. This should still leave the Department with at least $40 for processing each permit above the costs for F.B.I. and background checks.

Section 13 amends language to clearly give the Department the authority to immediately suspend permits for anyone who is ineligible under state or federal law to own or possess a handgun.

Section 14 amends language to increase from 5 to 6 years the time frame for disallowing repeat offenders. This provision is tougher than existing law.

Section 16 repeals a long list of special prohibitions that don’t apply to open carry or, in some cases, to concealed carry unpermitted. Instead, there is a flat prohibition for possession of a concealed handgun wherever federal or state law prohibits possession of a handgun. (Senator Phillips proposed the language in (a)(1) of this section)

A restrictive laundry list of prohibitions tailored only for the fingerprinted, trained, permitted carriers make little sense when state law allows you to carry openly in those places. Federal and state law already address where handguns can be possessed.

In addition, any private business has the right to post signs prohibiting carrying handguns whether concealed or open State or public offices may also post signs and if someone refuses to leave when asked, that person can be charged. The penalty for violating these provisions is criminal trespass. The penalty for criminal trespass is the same as the old concealed carry law. (See Senate Finance testimony by Dean Guaneli, Department of Law, and March 24, 1997 and April 29, 1997 memos from Legislative Legal counsel).

Section 17 simplifies definitions so that shotguns, rifles and all weapons prohibited under AS 11.61.200 do not qualify for concealed carry. Otherwise, just as in every other state, any handgun not otherwise prohibited by state or federal law is treated equally. There are no examples, apparently, anywhere in the United States, where a permittee has used a derringer or "miniature" handgun in a crime. (See Tennessee Law Review, page 707)

Section 18 repeals renewal training requirements; sections no longer justified under the principle "where you can carry open, you can carry concealed." AS 18.65.715(b), 18.65.725(a)(3), and 18.65.755(b).

Sections 4, 6 and 9 are included to make special provisions for certain peace officers and carrying concealed. While there are objections to making special provisions for certain individuals, it is not unreasonable to amend the bill to provide special exemptions for peace officers. This especially seems reasonable in light of the increasing support from peace officers and their organizations for the concept of concealed carry by law-abiding citizens.

We urge the adoption of SB 141 to continue the excellent record set this year by the Legislature toward reducing government regulation and taking practical steps to make Alaska's government smaller and smarter.

Sponsor Statement for SB 141

REVISIONS TO ALASKA'S CONCEALED HANDGUN PERMIT LAW:

Smaller, smarter government: less bureaucracy and more clarity for citizens

The intent of SB 141 is simple:

There is no reason the permitted few should be more restricted than the unregulated many. Treat people and their handguns equally. All Alaskans, who are not otherwise prohibited by federal or state law from owning or possessing handguns, can carry handguns openly in certain places and can carry concealed without a permit in certain places. If 300,000 adult Alaskans can legally carry a handgun openly, there is no reason to have greater restrictions for the 6,000 Alaskans who have been fingerprinted, checked, trained and permitted.

OBSERVATIONS

There have been almost 6,000 permits issued in Alaska for carrying concealed handguns since that right was recognized in state law in 1994. The Department of Public Safety has done a remarkable job of ensuring fair and speedy processing of applications.

For the most part, the law is working. Crime is down. According to the information we have from the Department of Public Safety, of 6,000 permittees, not one person has used their concealed handgun to commit a crime.

Similar legislation (SB 177) passed last session by large majorities, but was vetoed by the Governor. Even though legislation last year prohibited anyone from drinking and carrying a concealed handgun, some felt that whether one was drinking or not, no concealed handguns should be allowed in bars. In the spirit of compromise, we have drafted SB141 to allow concealed handguns in restaurants regulated under AS 04.16.049 and not in bars.

This bill does not change other state law restricting carrying weapons in bars or schools. All the other existing laws restricting handguns in bars and schools remain in force.

If SB141 is passed, the simple effect would be that anywhere you can carry a handgun openly (which you can do without training, without background checks, without fingerprinting, and without a permit) you will be able to carry a permitted concealed handgun.

Sections 1, 2 and 9 of the bill make several things much clearer and easier to enforce. If a person is a concealed handgun permit holder from another state and comes to Alaska to visit, we will recognize that permit. However, that person is responsible for following the laws regulating Alaskan permit holders. In addition, Section 12 requires that the visitor must, within 90 days, inform the Department of Safety of their presence so that, just as with Alaskan permit holders, the Department knows who is allowed to carry concealed handguns in Alaska.

These amendments simply recognize equality of Americans as requested by SJR14, which supports legislation in the U.S. Congress seeking nationwide recognition of concealed carry permits issued by any government agency or subdivision.

Sections 1 and 2 improve definitions and still attempt to permit a municipality or village to prohibit possession of concealed handguns.

Section 2 does not change existing law making bars off limits to concealed handguns, but does allow access to restaurants identified under AS 04.16.049. If the Alcohol Beverage Control Board finds that a business, or a specific area of a business, is not a bar you will be allowed to carry concealed.

Sections 3 and 6 ensure that the applicant for a permit receives a copy of state law and regulations and certifies the applicant read them.

Section 4 requires the Department to process the permit if the permittee is otherwise eligible without having to wait for weeks or months for the F.B.I. to complete fingerprinting checks. The Department is given authority to immediately revoke a conditional permit whenever it receives information from checking fingerprinting making the permittee ineligible. This conforms statute to what is actually being done already in practice.

Section 5 simplifies for law enforcement and for citizens the standards for qualifications to apply for a permit.

Under existing law, in order to carry openly you must be 21 years of age or older and be allowed by state or federal law to own or possess a handgun.

Under existing state law, in order to carry concealed during recreation activities, in your dwelling, in your business, where you are employed or on land owned or leased by the person (see AS 11.61.220) you must be 16, and you must be allowed by state and federal law to own or possess a firearm.

A restrictive laundry list of prohibitions for the fingerprinted, trained, permitted carriers make little sense when state law allows you to carry openly in those places and federal and state law already address who may own or possess a handgun.

Section 7 simply reduces the fees from $125 to $99 for initial application and from $60 to $30 for renewal or replacement to better reflect the true cost. Other States have even lower fees or no fees at all.

Section 8 amends language to clearly give the Department the authority to immediately suspend permits for anyone who is ineligible under state or federal law to own or possess a handgun.

Section 10 repeals a long list of special prohibitions that don't apply to open carry or, in some cases, to concealed carry unpermitted. Instead, there is a flat prohibition for possession of a concealed handgun wherever federal or state law prohibits possession of a handgun.

Section 11 sets up a cascading penalty system beginning with an infraction subject to a fine, and subsequent offenses being a class B misdemeanor and the third time (or more) a class A misdemeanor.

Section 12 simplifies definitions so that shotguns, rifles and all weapons prohibited under AS 11.61.200 do not qualify for concealed carry. Otherwise, just as in every other state, any handgun not otherwise prohibited by state or federal law is treated equally. There are no examples, apparently, anywhere in the United States, where a permittee has used a derringer or "miniature" handgun in a crime.