News from the Senate Majority
Alaska State Legislature

Wendy Lindskoog, Senate Majority Press Secretary
State Capitol
Juneau, AK 99801-1182
Phone: 907/465-4582
http://www.akrepublicans.org
Broadcast Actualities: 800/478-6540

Popular, Bi-Partisan Handgun Bill Up For Veto Override
Sponsor Worked with Law Enforcement – Solved Police Issue

For Immediate Release: January 13, 1998 Contact: Portia Parker at 465-4711

Juneau – Alaska’s "Right to Carry Law" (Senate Bill 141) which passed last session with bi-partisan support will be up for a veto override vote Wednesday, January 14, at 11:30 a.m. during a joint session of the Senate and House.

SB 141 makes Alaska law consistent by providing similar restrictions for open and concealed carry. The bill passed the legislature last session by a vote of 45 to 13, but was vetoed by the governor after session adjourned.

Due to an amendment offered by the Alaska Peace Officer’s Association, a technical glitch affecting police was discovered after the bill was passed. To address this technical problem, an ad hoc task force was formed by Public Safety Commissioner Ron Otte and Senator Lyda Green. Members of the task force, composed of a representative from the Alaska Peace Officer Association, the Department of Public Safety, legislative leaders and a representative from the association of Chiefs of Police, developed SB 214 to resolve the issue.

Upon passage, SB 214 will become effective on the same day as SB 141 becomes effective.

"SB 141 had strong bi-partisan support last session," said Senate President Mike Miller. "I hope people don’t play partisan politics with this issue and continue to support SB 141 with their vote on Wednesday."

Miller noted that due to the confusion caused by distribution of inaccurate information, a list of pertinent federal and State laws has been provided to clarify the issues surrounding qualifications for permit applicants, the issue of domestic violence and the ability to obtain a permit (see attached).

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Attachment

SB141 clearly states that a person must be eligible to own or possess a handgun under the laws of this state and under federal law (SB141, Sec. 12, page 8) in order to receive and hold a permit.

The following is a list of prohibitions for certain persons from possessing a firearm (openly or concealed):

Under Federal Law:

18 U.S.C. 922(g) provides:

  1. It shall be unlawful for any person --
  1. who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
  2. who is a fugitive from justice;
  3. who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802));
  4. who has been adjudicated as a mental defective or who has been committed to a mental institution;
  5. who, being an alien, is illegally or unlawfully in the United States;
  6. who has been discharged from the Armed Forces under dishonorable conditions;
  7. who, having been a citizen of the United States, has renounced his citizenship; or
  8. who is subject to a court order that -
  1. was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking or threatening an intimate partner or such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child: and;
  1. (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use , or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
  1. who has been convicted in any court of a misdemeanor crime of domestic violence; to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Under State Law:

AS 11.61.200 (a)(9) prohibits the possession of a firearm while the possessor is communicating with another person in violation of AS 11.56.740, violating a domestic violence restraining order.

Therefore, a person who has been convicted of a misdemeanor crime of domestic violence in any court (state or federal) cannot obtain an Alaska permit or possess a firearm. In addition, a person who has a temporary restraining order or a domestic violence restraining order against them cannot obtain an Alaska permit or possess a firearm.