ALC-Game & Fish/State Police
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5:45
Let's call a meeting the order appreciate everyone being here today got a good crowd we're going to continue on with our study of our firearm laws for the state of arkansas in the side for any changes or anything that we need to do. With the rules on the essence i'll appreciate everyone coming out today. And first order of business misco charity then you look say okay we're gonna need a consideration of them of emotion to ratify expenses incurred in conjunction with the june the
third twenty twenty four meeting and all other as co chairs to approve special expenses incurred by the sub committee get emotion and second all in favors they are those same sign thank you very much. Next we're going to miss jennifer she's going to start us offer from from the bureau legislative attorney you know the more far farm thank you good morning i'm jennifer cried i'm one of the legislative attorneys with the
bureau and I am assigned to staff the judiciary committee as well as this committee I was asked to summarize all of the arkansas statutes referencing firearms and other weapons and I was asked to be here today to talk about the summaries of those statutes related to law enforcement officers and other armed officials. And so I will start with the summaries first we have five
sixty four five oh wine this is part of the uniform controlled substances act and it provides in summary that anyone authorized to enforce. This chapter is authorized to carry a firearm in the performance of his or her date. Five seventy three one twelve am five seventy three three oh four we have covered previously when we talked about possession and use the firearms and can still carry of hand guides but
they're across referenced am under this category as well so i've included them here. Um briefly five seventy three one twelve talks about the process whereby a local law enforcement officer certifies that at for the transfer of a firearm under state or federal law. And five seventy three three o four pertains at two exemptions for law enforcement officers and the.
Regular concealed carry subchapter because law enforcement officers have their own conceal carry subchapter and they will get to in a minute. The next statute is six ten one twenty eight dealing with school resource officers this is in the education code it sets out the law concerning school resource officers in schools. And you can see the summaries there of subsections abnc and the part that pertains to far
arms is in subsection c where it talks about the fact that school resource officers should be trained concerning their roles and responsibilities and. The use of far arms. Eleven fourteen at one o two is part of the. Labor title and this particular set you contains definitions for the labor chapter covering the voluntary program for drug free workplaces. It contains.
A definition that references firearms the definition for safety sensitive position includes as part of the deposit definition a person who is required to carry a far arm as a part of their job duties. Eleven fourteen one oh six. Relates to whom it falls under the requirements for drug and alcohol testing and the part of that statute that references far
arms says that routine fitness for duty testing for employees who are authorized to carry firearms is required. Next we'll move to total twelve which is the law enforcement chapter of the title the first statute is twelve eight two oh two this statue deals with the minimum qualifications to be an officer of the division of our console state police. And subdivision b two of that saturday provides that any
person who is prohibited under a state or federal law from possessing a weapon is not eligible to be commissioned as an officer. Twelve eight two fourteen provides for the award of a pistol upon the death or retirement of an officer of the arkansas state police. And you will see throughout these summaries status very similar to this one dealing with the award of a pistol to long forcement
officers in various groups and this first one deals with arkansas state police later will cover municipal police officers and other tops of officers. And. Most of the statutes are similar but there are some differences. Umm and so the statue also provides that. That if if am. If the.
Other sorry that the the officer may also purchase a shock and that they used for fair market value. Twelve nine one at four deals with the arkansas commission on law enforcement enforcement standards and training and it provides that the commission may adopt rules and minimum standards related to far arms training curriculum. Twelve nine one oh eight. A deals with what will happen if it's if an officer fails to meet
all of the standards and qualifications required by wall. And it provides that until those standards are met the person shall not carry a firearm. Twelve nine one ten deals with. The training of civilians to deal with parking violations and it provides that the commission i'm offer smith standards and training shell established qualifications for civilians who
may perform law enforcement related duties and cities of the first class. Such as issuing parking citations but these persons shall not carry firearms. Twelve nine one seventeen is another one of their status the deals with the award of it his store upon the death or retract retirement of an officer and this applies to officers that are a part of the division of law
enforcement standards and training. The. Twelve nine three oh four deals with the. Appointment and training requirements. This section. Applies to oxilory law enforcement officers and it provides that they're training shell include a far arms qualification course equivalent to the forums qualification requirements for a full time officers.
Twelve twelve three oh wine deals with the establishment of the state crime lab and it provides that the fact chromelab shall include services in firearms analysis. Twelve twelfth three oh five. Provides that the crime was shall have equipment and personnel to conduct criminalistic testing including firearms identification. Twelve twelve three twenty four deals with testing by the state
crime lab again it provides at the different types of testing that the crime labs shall conduct with regard to firearms. Subsection a provider to far arm used in the commission of a crime may be delivered to the crime lab within thirty days subsection b provides. That the crime lab may enter the results of forensic forums testing into the national integrated volistics information network. Written analysis reports and experts for testimony should be provided when feasible.
After testing a firearm shall be returned to the law enforcement agency. Who sell immediately notify the owner that they may regain possession of their far arm unless they're prohibited from possessing a far arm. Subsection c provides it alone forcement agency may request the assistance of our console state police. For help tracing a fire arm. Subsection d provides at a firearm seized by game and fish
for violation of a commission rule is exempt from this section. Twelve fourteen one way deals with the a word of a pistol upon the death or retirement of a state capital police officer. Twelve fifteen two oh one. This is that subchapter that sets out the special concealed carry rules for law enforcement officers and so this first section contains the definitions. Twelve fifteen two oh two.
Sets out. The requirements for certified law enforcement officers or auxillary law enforcement officers to carry a concealed handgun. Am in summary as long as they are presently employed by a public lawn forcement department they're not enter a disciplinary action. They carry their badge. Um. And they're not prohibited under a federal law from possessing a
firearm. Not under the influence of alcohol or another intoxicating substance. And then subsection b set out the requirements for a retired law enforcement officer. And. Basically they must meet the same requirements except for being currently employed by law enforcement agency and in addition they must have certain training requirements. The.
At the division of arkansas state police shall keep a record of all retired long forcement officers permitted to carry it concealed hand gun subsection c provides that a certified farms and structure may certify or recertify a retired officer. Subsection d provides that an officer or retired officer. Is not subject to the prohibitions of five seventy three three s six that is part of the conceal carries subchapter deals with their
prohibited places where persons are normally not permitted to carry a concealed handgun and so that doesn't apply. A subsection e provides that a certified law enforcement officer from another state who meets the requirements of that state may be permitted to consider carry in this state as long as that state extends reciprocity to our state. Twelve fifteen two oh three deals with the eligibility of a
local detention facility employee to carry a concealed handgun. So they're permitted as long as they're employed by a local detention facility not under disciplinary action and have their badge. Etc. Twelve fifteen two oh four deals with the eligibility of a member of the municipal. A fire department bomb squad to carry a concealed hand gun similar requirements there.
Twelve fifteen two oh five deals with a prosecuting attorney or deputy prosecuting attorney. And also a retired prosecuting attorney or deputy. And there are no specific training requirements listed in this statute but it does refer you to sixteen twenty one one forty seven which will cover in a minute and that statue requires the prosecuting attorney's office if they permit.
At can still carry bother deputy prosecuting attorneys they must have a concealed carrier policy for their office. And they must keep a record of all retired prosecuting attorneys who are authorized to carry. Twelve fifteen two oh six deals with emergency medical technicians who are authorized to carry a concealed hand gun and it provides that their authorized while they're working as an emt as long as they're not under disciplinary action. Etc.
And once again five seventy three three oh six the prohibited places uh prohibitions don't apply. Twelve fifteen two oh seven deals with state court judges. From either district court circuit courts court of appeals or supreme court. And. And. They are authorized to carry as long as they are. Not under the influence of alcohol or another intoxicating substance.
And they're not subject to five seventy three three o six the prohibited places. Twelve fifteen two oh eight. Deals with employees of the department of correction and it provides that they may carry a concealed handgun into a building or location where a long enforcement officer could carry a concealed hand gun as long as they meet the requirements listed. The secretary of the department of correction has discretion to deny an employees request to carry a concealed hand gun.
And they must complete the weapons re qualification course provided by the department. And the department messed maintain a list of persons authorized to carry a concealed handgun and that list is not subject to the freedom of information act. Next to a fifteen three o one deals with the sale of county issued virus to deputies. And this kind of goes along with
the next one and twelve fifteen three o two and three one provides that a county sheriff's deputy when they retire or are otherwise honourably terminated from employment they may purchase any far arm that was issued to them and then three o two. Provides that the pistol that they carried may be awarded to them a pine retirement or to their family upon their death. Twelve seventeen one a wine. This is the definition section
for the chapter covering the state crime enforcement and prosecution grant and it contains a definition for drug crime which references a firearm or deadly weapon. Twelve twenty seven one forty three. Provides for the. Award of the service weapon carried bound employee at the department of corrections a pine. There death or retirement but they must have served at
least twenty years and so that's a new requirement that we haven't seen before. Twelve twenty eight one oh four provides for the audit of firearms in ammunition possessed by the department of corrections it provides that the department must conduct an annual audit concerning the number and type of firearms in ammunition in the possession of the department and that list is not subject to the freedom of information act. Twelve sixty one one fifteen
this is part of the am stats use governing the state military. And this statute provides there if the governor declares a state of emergency that this section doesn't authorize law enforcement to sees or confiscate far arms for any person so long as they're lawfully carried or awfully posit. The. Twelve sixty four eight fifteen also is a part of the statement was share.
A chapters and. It applies to a member of the staple military provides that a person who strikes their superior officer or lifts any weapon against their superior superior officer. Has a committed in a finance under the military criminal justice subchapter. Fourteen fourteen thirteen fourteen.
This is moving into the title concerning local government and said this deals with constables etc sets out the training and uniform requirements for constables of townships. In order to for a constable the courier firearm here she must have attended sixteen hours of far arms training. The. Fourteen fifteen one o two deals with environmental officers and this statute provides that. Any county.
Each county may employ an environmental officer to inspect land bills and insure compliance with environmental ordinances that officer may carry a far arm if they've completed the law enforcement training course at the arkansas enforcement training academy. Fourteen fifty two one twelve provides for the award of a pistol upon the death or retirement of a municipal police officer and also permits the officer to purchase the shot again that they used.
Fourteen fifty three one twelve. Provides that a municipal fire marshall shall complete law enforcement officer training approved by the commission. Along with other fire prevention and **** and investigation training and may carry a weapon. Fifteen eleven two ten provides for the award of the pistol carried by a commission law enforcement officer of the state
parts division of the department of parks heritage in tourism once again they must have had twenty years of service. Sixteen thirteen fourteen twelve deals with circuit courts. And it provides that the first and fifth division of the six judicial district circuit court may appoint a chief probation officer. And who may curry weapons. Sixteen thirteen fourteen thirteen.
Provides that the circuit judges of the six junior district may each a point one court balance he may carry a weapon. Sixteen thirteen twenty six oh six applies to the. Eighteen judicial district east and provides that the judge may appoint one court balance and two at large balance who may carry weapons. Sixteen thirteen twenty seven oh four. Applies to bailers of the nineteenth judicial district and provides that the core may a
point one who may carry a weapon. Sixteen thirteen thirty one oh six applies to the circuit courts of the twenty second judicial district and once again provides that the bail of may carry a weapon. Sixteen twenty one one forty seven and that's the statue dimension earlier that applies to price to keeping attorneys and deputies and it provides that if the prosecuting attorney permits its deputies to carry a
concealed hand and they must have a a policy a weapons policy and a use of force policy. Sixteen eighty one one oh six. Pertains to arrests in general and it provides that an arrest may be made by a certified law enforcement enforcement officer or a private person. And sets out the parameters for each top of those arrests and it talks about far arms and
subsection g it says that officers who are authorized to carry a firearm enjoy the same immunity as certified state law enforcement officers. This. Sixteen ninety three one oh three applies to. The authority of. Probation officers to make a rests. Um in it specifies other than a juvenile probation officer.
These officers may carry a firearm and they may carry a nine state issued via arm when they're not on duty. Twenty sixty four three sixteen and this is in the tar old dealing with health and the department of health and it provides that an officer or employee of the department of health. Who is designated to conduct examinations investigations or inspections under their subchapter which deals with.
Uhm controlled substances stimulate drugs or counterfeit drugs so there's officers make harry firearms. Twenty one six three oh seven. Deals with the list of fees that may be charged by a sheriff. And it provides the seventy five percent of the fees must be paid to the county treasury while the remaining twenty five percent may be kept by the sheriff. Erm and may be used to purchase equipment such as vehicles weapons and other equipment.
Twenty three twelve seven oh three applies to the railroad police. And it provides that railroad police have the authority to make a rests and to carry weapons. Twenty four four one oh one is the definition section for the arkansas public employees retirement system and in the definitions there's a reference to far arms when it discusses police officers and it says that
a police officer who is assigned to administrative duties but is still subject to call for duties and emergency situations that require the officer to be armed armed at the firearm. There still considered to have the primary duty of law enforcement. Twenty seven sixty five one forty three deals with the award of a pistol upon the retirement or death of an officer of the arkansas highway police.
And then the next section deals with private security officers and this is entitled seventeen seventeen forty one o two is the definition section. And. Ah there's a definition for commission security officer. And also commissioned school security officer and it specifies that those officers are authorized to carry a firearm there's also a definition for firearm. Seventeen forty two oh eight.
Provides two training provided the director of the division of our console state police show established the minimum training requirements for a private security officer a commission to security officer in a commission school security officer which shall include training on the use of far arms. And there are additional requirements set out there as well. Seventeen forty three oh one deals with unlawful acts related
to private security officers. And it says that. When I person lacks the proper commission authorizing them to carry a far arm which. Will be issued by the division of arkansas say police if they meet the requirements a person who lacks that commission can't be. Hired to act as a. Security guard. Yeah. A person shall not knowingly carry a firearm as a private
security officer when they lack the commission and an employer shown out how or employee a person when that person lacks the commission. And then seventeen forty three thirty provides that the division of the arkansas state police may determine the qualifications for an issue in authorization to carry a firearm in the form of a commission to a qualified security officer or school security officer. Seventeen forty three thirty seven sets out some of those
qualifications they must be twenty one years of age no disqualifying criminal history. Umm. Made other qualifications established by the director of the arkansas state police must not be legally prohibited from possessing a far arm. And other similar requirements. Seventeen forty three forty four provides at the director of the division of arkansas state police may deny suspend or revoke a commission. If that person is arrested for
certain criminal offences. And that concludes my summary. Thank you very much. I guess that will move to get the attorney general to come up in case we have any questions from military general's office in it looks like we've got a few questions may I be excused at your excuse you're excused thank you thank you. The.
If I would please enter yourself for the record thank you mister chair members of the committee right now so you chief deputy attorney general. Thank you delanjacob's deputy solicitor general. Thank you very much is anything I would like to say before we take questions we don't have anything to add to what jennifer has given but we're happy to answer any questions the committee may have thank you senator payton. Thank you mister chair for your question was probably the miscrown but all of these summaries that we
have here different sections of code. Seemed to use the term allow these individuals to carry at certain times. Considering the recent changes in state law where any citizen is allowed to consider gary. I would like to know I mean the summary is it didn't specify if we're talking about on duty or off so. In these summaries. Are there are we assuming that
they pertain to under or that are we say in that they must meet these requirements to carry off duty when they're just regular citizen and other citizens don't have to meet those requirements. Yeah thank you for the question as it pertains to the summary itself we didn't participate in putting that together so as it pertains to the summary that may be a question from his crawn I think more broadly you're hitting on on something that's going to have to be addressed with this committee over time as a lot of these statutes
three day more recent changes in the firearms law generally and so as you say there's going to have to be so another look at these statutes to make sure that they're consistent with the body of laws it stands today. Thank you. So. The it's possible that some of these statutes do identify whether it's pertains to and due to your off duty or do you assume that they that they just are misworded because of. Pretty date and the change in the law yeah I think there'd be
a question from his crawn who put the summary together I have to look through everyone of these laws but I know that she has instant that yomes were okay thank you thank you mister chair should debate when you like us to get her back in the exact question for you. Mr jennifer you still hear. Would you stay with us enterprise.
The. You may want to repeat that question. Very chair. So misgrand sorry to bring you back like that as you were going through all these summaries I was trying to reconcile the fact that the average arkansas arkansas also just send us this within the boundaries of arts of under current law is not prohibited from carrying a concealed firearm or unconcealed.
So do these sections are code do any of them specify whether they are pretend to aunt duty or off duty. Because when when the people that are being addressed in these sections a code are off duty. They're right to citizens shouldn't be restricted further than any other citizen. Yes and it are thank you for the question as you know the bureau can't provide an interpretation of the law but I can point to twelve fifteen two oh two AM
specifically provides. A certified law enforcement officer or on zillary officer may carry a concealed hand gun at any time so there are some mentions in these statutes of times dearing which the officer or other official may be permitted to. Carrier considered handgun so. Car log says a citizen.
Does not have to meet any criteria. To carry but there are situations where we can deny them the right to carry in certain locations you know if they're fell on a course but like twelve nine one ten. That you covered. Yeah. Is it provided the commission online enforcement standards and training to establish qualifications for civilians performing law enforcement related duties in cities of the first class such as issuing parking citations and preparing
accident reports that's the first one that gap my attention that's a reason I bring it up I mean. If a city government wants to tell its employees they can't carry on duty. I'm okay with that. But. If I mean I would think that that would be an on duty. A requirement not and and it didn't seem to specify whether we're talking about on duty or not so. I'd hate for the fact that they took a job eight hours a day to restrict their other. The.
The rest of the day and another one that drew my attention if I looked at it required is fourteen fourteen thirteen fourteen and that's the constables. And you don't even. Have a date in their I know you know this is all this meeting in all of this research is done so that we can spot these issues. But. As as you give us the summary you're the one that studied the
code. Did you see and some of these sections are code where it specified on duty you're often here or was it just working from the assumption that they did not have the right to carry unless we're granting the right in this code. Thank you for the questions in it as a point it out with regard to m twelve fifteen two o two there were occasions within the statues where at any time or something along those lines may have been specified.
I think there are some statues where it's silent and so I can't provide an interpretation of what that means. I know there was another statute dealing with employees of local detention facilities we covered that one and it specifically provided in that statute. I'm sorry it's dealing with the department of correction employees twelve fifteen two oh eight. And it talks about in subsection a that the employees may carry a
consider hand into a building or location where a law enforcement officer could carry a consoled handgun. Umm. I guess I just like to say that as you prepare these summaries. I think it's important for us to know whether or not there's language there. Pertaining to win. And whether or not that section of code is working from the assumption that they can.
Can not carry unless we grant the right. Versus they can carry unless we restrict the right. I i'd like to somehow get that in to the summaries as you look at the section of if they're not consistent. Okay sooner paying i'll be happy to provide additional information and I don't know that I have those specifics and pinpointed right now without going through eat statue more
closely and looking at the issue of. Precisely when on some of those like I said I may not be able to provide an interpretation but I can charify address that only generals offers yes so mr also. Obviously we're having these meetings because we realize we've. Maybe recognize the conflict in the. And in what i'm talking about
the assumption that people did not have the right to concealed gary until we granted it versus they do have the right to conceal unless we restrict it. So. Would you say that many of these statutes that were covering here are important we just need to reward him from there assumption that they have the right to carry until we address certain circumstances right I think the the as you say the impetus for these meetings are that we've got this sort of patch work will across the various statutes most
of the statutes that miscrown has has gone through today pre date the more recent changes to conceal carry and uh individuals being able to carry without a concealed license most of these statutes predate that so II suspect the answer to your question is where those statutes built on that default most likely yes because that was the original you know sort of foundation on which they were built however that the rule when it comes to interpreting statute is when there's a subsequent you know amendment in some other
area you're supposed to read statutes that are on the same basic subject matter together in a way that's harmonious and so I would say that we have to read these later statutes together and and you'd have to get basically a lawyer's opinion to give the basic answer to your question and that's the reason for all this to simplify that so that you don't have to be a lawyer to read and that's exactly what we're here for is to simplify that into what we need is legislators if we're going to try to amend the code. Is we need. To be when i.
Yeah to identify. The sections are code that are that are working off of the outnated assumption. And so as we do these summaries that's what we need to see when when it be. We need to have the red flag on how this one is working from this option that they cannot that were allowing him to carry in the situation rather than. Restricted anyway thank you thank you mister chair. Sent your payment you let put that into a recommendation for the group to study further.
Thank you mister. It is yes i'd like to put in don't recommendation that for when we come to the meeting. The summary. Of the code should include. Whether it's working from the assumption. The concealed carrier is not legal until we grade it. Ok having. We've reduced. The. If if you're going to summer as
a section of code to tell us whether they're not. Might need to be amended. I think that's a key component. For us to know. Thank you. Thank you. Central blake johnson. Mr in our constitution. Does it not state that
uh any law is in grandflat where the constitutional united states or the stage constitution. Is is not balance. It's correct if any state statute that violates the federal constitution of the state or the state constitution is invalid so. We have that authority there. Consider your painter is talking about mast on our constitution. And there is saying that I don't
think you'd have to anything to the east coast to say that. That you have to. That these these codes don't conflict with whether the us constitutional right. If they did conflict with the US constitution they would be invalid my understanding of senator patents question was as it was basically about the clarity of these statutes and how they fit together as a as a whole not about whether they conflicted with the US constitution and happy to be corrected if I misunderstood the question though is I don't think
that you. Your backfall on all over it is. Is we're giving that rat whether needy on duty to carry in the matter that way to you so thank you. Sent to mark johnson thank you mister chairman up. Mrperiod elsewhere there was a one of the sites it was mentioned damaged chris sixteen thirteen fourteen twelve which. Dealt with the circuit judges in
the first and fifth divisions of the six judicial district may appoint a chief probation officer and a deputy probational I believe that there was a recent court decision that invalidated a rule that that was own cast to show I don't remember the exact wording of the of the decision but this was like within the last month or so obviously this. Section code dealt with funding but it also authorized this person to have the carrier
authority that we're talking about would that recent decision. Invalidate that authority not just that the funding question and I will have a follow up. Thank you for the question I just to be clear that you're you're exactly right there was a supreme court decision from a last thursday about special legislation and invalid in invalidator declared on constitutional that special legislation I just want to be clear for brothers and the
committee who may be tracking this as well there is a separate arkansas supreme court order outside of the context of litigation pertaining to farms within court rooms but I take your question to refer to the the court case from thursday yes which was which was about is that right. Yes sir and it was this this particular code section. It appears to be talking about that officer the probation offshored going out and doing his job would would have the
opportunity to would be allowed to carry specifically under this are not. Not court room rules not withstanding and I want to get into that right now but but that's i'm just saying would this change that whole section is in not just the the funding mechanism right so yeah so on sixteen thirteen fourteen twelve and then the following sixteen thirteen fourteen thirteen
twenty six o seven all of these that are that are directed to a specific district and and only target that one particular district are going to come under the scrutiny basically of that case because of the local legislation okay and quick follow up as chairman who had the earlier part of this a sheet they spoke about how come the meter made its premier derivatory term apologist anyone that would take offense but but
persons that were authorized in city with the first class to write parking tickets that they would care and this is kind of a follow up to send repayments comment if they're not authorized by that city that means the sixteen hours a day that they're private citizen they can have constitutional carrier but the eight hours there working that job they would not list authorized by the city obviously we do that to protect that
officer or or several doing their job in case because they could be in a dangerous situation is that affected again with that constitutional carrier versus what specifically build out in status as central patent had had brought out the potential conflict. If i'm understanding the question that the the statutes that for example the the meters the people who are checking the meters those statutes govern those individuals in so far as
they're. Checking the meters they're not going to govern the people. They're the other sixteen hours a day for ex- for example so yes. So they have so i'm saying they have constitutional carry but instead of expanding their ability to protect themselves we could potentially be narrowing their ability to protect themselves in a case of a community that didn't want them armed and we know we have a few thousand i'm not i'm not sure I
would say that III would say this is the what I was responded to center patent about a moment ago would have to take if if if you were to ask the ages office for an opinion on this for example what what the opinion would the procedure would be to take all of these statutes together as a whole and to answer the question as it pertained to this type of employee in light of all those statutes and when you put all those statues together the basically it's what I said that there that the city can govern the conduct of their employee
during and so far is there an employee but they can't you know control their conduct when they're not an employee within certain limits but you have to pull together all these different statutes together into one big hole and you know most people don't have the time or inclination to do that and so my understanding of the the objective with the committee is to simplify that streamline that have one place for people can go and find out what is the law require of me you know in general yes and that's exactly what I want no thank you thank
you mister chairman thank you saying no other questions are in the queue from your I would like to issues as we do it there you have an update on the medical mayor one concealed carry. The opinion that we've issued on that yes. Well I don't have an update beyond what we what we've said in print on that I can I can give you the the citation to the age opinion that would you manders cannot do in that briefly to solve the committee as a whole wood yeah where yeah
so the the opinion number is twenty twenty three dash one one four twenty twenty three dash one one four and the jest out of the opinion it's four pages the gist of the opinion says that while i'll at i'll give the question as it was presented to us uh is whether act seven fifty seven of twenty twenty three conflicted with federal law regulation and so it in other words if you were medical marijuana card holder.
Where did the fact that you were a card holder and that you were the director of state police was prohibited from in that law was prohibited from considering that fact. In awarding a conceal carrier did that conflict with federal law the opinion says no in and goes into the reasons why the the main distinction in in the opinion about the reason why. Is what the state what the federal law prohibits is a user up. A user of a prohibited
controlled substance from obtaining his license the state law it prohibits the director from discriminating on a applicant for a license based on their status as a card holder so there's there's there's a distinction there between whether you're a card holder and whether you're a user and the opinion on that distinction and says the statue is not in conflict with federal law thank you certain pressure job certain. We excuse yes active. The.
This. Does a stay police have anything they'd like to add. The. There's any other committee have a question for the state police. The. Uh. Send again already have a picture of say please no sir I was you you may be getting too but i'll just going to ask if anyone from game officials here to offer thoughts or have any concerns on these words will have leave it right there with you then an alcohol calling up
anyone here from the game and fish. Come on. Please there should several record. Good morning colonel brad young architect game and fish chief of enforcement. Your head sent to you more thank you colonel for being here just wonder if you had any
concerns with arts on any of these especially the relates to to law enforcement. I know sorry I do not like you. Yeah follow up on that. Any other questions committee. Saying none thank you.
Yes there was an internet and i'm not sure when it happened recently a viewed dog hunters over in washington. We're a young man had his dog shot. Can you could you feel a sinilar view of details of how that transparent. Yes sir sooner stuff filled we we monitored that situation it was over the weekend leave his on friday matter fact
they were having a youth high approx my. A hundred kids from what i've been told we weren't aware of that on the frontier that they were holding this event. At some point a dog in the event. Got close to private property own private property or whatever and. It was it was shot i've been in contact with with the owner.
With the with the mom of that her son's dog at sharp she is also the director. Of the event we've had great conversations a matter of fact that talk to her for over an hour and a half. And you know there was a deputy's own scene that responded which is the appropriate authority to handle something like that. I believe a four service agent actually it was on the four service and believe a four
search surge service agent actually responded as well and they investigated the incident and it's my understanding that there is ongoing investigation in the prosecutor's officers engaged with what's going on so there isn't an investigation going on absolutely absolutely what are the you know exactly just give supposedly what the lawyers pertain to shooting a dog straight which is not in common when you have a home yes
you know this has been ongoing issue and especially over in that area do to be able to sight long now and I can't run off the top of my head but I will say this you know. It was question you know where the game is fish and respond to that or night and. And with with the deputies already on scene with the four service agent there we we we did not respond to there because it
was a you know an animal II don't know. Not a while laugh yeah. Yes sir. Thank you sir you're dismissed. Thank you sir. Is there anyone here from the police chief association. Do you have anything you would like to add which sites. Okay thank you sir. The proscutors.
The. Did you want to have any questions. Saying none thank you sir. Share sociation. Yeah. Saying no one here department transportation. Any question for the parliament. Saying none thank you sir.
I didn't want to sign up for public comment. See that I want to sign up for public car meant do we have any other business. Saying none we're going to.
Agenda
A. Call to Order
B. Comments by Co-Chairs
C. Consideration of a Motion to Ratify Special Expenses Incurred in Conjunction with the June 3, 2024, Meeting and to Authorize Co-Chairs to Approve Special Expenses Incurred by the Subcommittee
D. Summary of Firearm Laws Related to Law Enforcement Officers and Other Armed Officers - Jennifer Craun, Senior Legislative Attorney, Bureau of Legislative Research [Exhibits D1-D2]
E. Information/Responses Presented by:
F. Public Comments
G. Other Business
H. Adjournment
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — ALC - GAME & FISH/STATE POLICE, Jun 20, 2024 | Agenda | 1 | Official source ↗ |
| Exhibit D1 - Summary of Law Enforcement Officers | Exhibit | 14 | Official source ↗ |
| Exhibit D2 - Law Enforcement Officers Statutes | Exhibit | 77 | Official source ↗ |