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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