The measure now awaits the signature of Gov. Mike Dunleavy (R).
HB61, of course, stems from forced business shutdowns during the COVID-19 pandemic in Alaska as well as several other states. Going forward, gun stores and shooting ranges will remain open during disaster declarations unless closures are required for all other businesses.
House Speaker Cathy Tilton (R) of Wasilla was the sponsor of the bill, which blew through both chambers. The Senate overwhelmingly approved the measure with a 17-3 vote, and the House followed up Wednesday by a 28-12 margin.
Alaska state Sen. Bill Wielechowski (D) of Anchorage observed that HB61 follows closely federal court rulings that some gun-related businesses were improperly shuttered during the pandemic.
He added that for many in rural parts of the state, “going to the ammo shop is essentially their way that they go and are able to…subsistence hunt and provide for their families.”
As the Alaska House debated the measure, Rep. Mike Cronk (R) of Tok explained that in his small town, hunting for food was made difficult by the closure of stores selling ammunition. “It was approaching hunting season during the pandemic, and there was no ammo available.”
Other parts of the bill significant for gun rights advocates included prohibiting state and local officials from confiscating firearms during a declared disaster. It forbade authorities from canceling permits for concealed carry and from banning the private sale or transfer of weapons and ammunition.
It also set guidelines for Alaska residents to legally challenge restrictions that are enacted despite the new ordinance.
Of course, not everyone was in favor of enshrining gun rights during emergency situations. Rep. Andy Josephson (D) of Anchorage called the measure “almost a deification of the Second Amendment.”
He tried unsuccessfully to attach amendments prohibiting the closure of churches, media outlets, and other activities linked to the Bill of Rights.
Sen. Jessie Kiehl (D) of Juneau called it a “special rights” bill, as if the constitution does not grant rights considered special. And Jan Caulfield of Moms Demand Action for Gun Sense in America said the bill was unnecessary. She claimed legislators could have served the public better by addressing gun deaths.
The governor of Alaska may by state law declare an emergency that lasts no longer than 30 days unless extended by the legislature. Gov. Dunleavy issued a series of public health emergency declarations during the pandemic.
Then there was action by Anchorage leaders to shut down gun stores and shooting ranges in the city’s own emergency declaration. This came by order of the mayor.
The National Rifle Association threw its support behind the bill, which followed similar actions in other states.
A federal appeals court ruled in 2022 that a pair of California counties ran afoul of the Second Amendment during the pandemic when they forced gun and ammunition businesses to close.
Judge Lawrence VanDyke of the Ninth Circuit Court of Appeals wrote that the state’s mandates “wholly prevented law-abiding citizens in the County from realizing their right to keep and bear arms, both by prohibiting access to acquiring any firearm and ammunition, and barring practice at firing ranges with any firearms already owned.”
He declared that the actions “clearly burden” citizens’ constitutional rights. This was done even as other businesses were allowed to remain open, including bicycle repair shops and hardware stores.
VanDyke said there is nothing showing that gun-related businesses carried a greater risk of spreading the coronavirus than others.
