Alaskans can have firearms even when family or law enforcement officers believe they are a threat to themselves or others.
But a new bill would allow judges to issue protective orders making them temporarily surrender their guns.
Bill sponsor Rep. Geran Tarr said the measure’s scope is limited.
“I’m not interested in taking guns from anyone,” she said. “I’m really interesting in helping someone in a crisis situation, who’s experiencing mental illness – and hoping that we can do something that prevents an innocent person from being killed.”
Tarr, an Anchorage Democrat, says she planned to introduce the bill before Anchorage resident Esteban Santiago allegedly killed five people in Fort Lauderdale, after he had been prosecuted for domestic violence.
Tarr said the bill’s timing is unrelated to the mass shooting, but she said she’s heard more interest in the idea since the incident.
The bill would allow an immediate family member or peace officer to petition a judge for a protective order.
A hearing would be held within 10 days, and if the judge finds clear-and-convincing evidence that a person is a danger to themselves or others, the judge could prohibit the person from owning or buying a gun.
Rep. David Eastman, a Wasilla Republican, is concerned about the proposal.
“As a military veteran, I would definitely be cautious before coming into a situation where another veteran might lose their Second Amendment rights,” Eastman said. “I would be also concerned if this type of legislation would have the effect of discouraging people from seeking help.”
Tarr’s said she’s interested in working with those concerned about the bill.
“We had record numbers of shootings last year in Anchorage,” she said. “So what are the other ideas? Let’s at least have a thoughtful conversation.”
The legislation, House Bill 75, was introduced on Monday.
Its next stop is the House Judiciary Committee, where it hasn’t been scheduled for a hearing.
