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2002 Alaska Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagak0007 and id is 1 raw text is: TONY KNOWLES, GOVERNOR DEPARTMENT OF LAW P.O. BOX 110300 JUNEAU, ALASKA 99811-0300 PHONE: (907)465-3600 OFFICE OF THE ATTORNEY GENERAL FAX: (907)465-2075 April 22, 2002 The Honorable Tony Knowles Governor State of Alaska P.O. Box 110001 Juneau, AK 99811-0001 Re: SB 242amH -- relating to concealed handgun permittees Our file: 883-02-0009 Dear Governor Knowles: At the request of your legislative director we have reviewed SB 242amH (hereafter Senate Bill 242), relating to concealed handgun permittees. We believe this legislation violates the equal protection clause of the Alaska Constitution by treating similarly situated Alaskans differently, depending on whether they previously lived in another state and obtained a concealed handgun permit there. In 1994, the legislature created a concealed handgun permit program with carefully crafted provisions that prevented potentially dangerous or unqualified people from obtaining a permit and that prevented concealed weapons from being carried in places that would endanger public safety. The original legislation enacted in 1994 protected peace officers enforcing the law, protected the public by setting standards for obtaining a permit, and limited the places where a concealed handgun could be carried. It also gave deference to local governments by allowing them to choose whether to allow people to carry a concealed weapon in their communities. The sponsor of the 1994 legislation testified that the purpose of the concealed carry permit program was to protect the public safety; that it allowed law-abiding citizens to carry a concealed handgun for self-defense, after having sufficient training to ensure that they are knowledgeable about the firearm. See Testimony of Representative Jeannette James, Minutes, House Judiciary

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