The Alaska legislature passed a bill on Wednesday prohibiting governments from shutting down gun stores during declared emergencies.
The legislation ensures firearm and ammunition sales will continue through a disaster situation, with an exception for those who are legally prohibited from possessing a firearm.
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House Bill 61, sponsored by Republican state House Speaker Cathy Tilton, passed the state Senate in a 17-3 vote on Tuesday and made its way out of the state House late Wednesday in a 28-12 vote.
This bill was a reintroduction of House Bill 179 from the previous legislature backed by the National Rifle Association. It passed with bipartisan support, with lawmakers agreeing the bill is essential to Alaska residents, whose gun laws generally fall on the less restrictive side.
Democratic state Sen. Bill Wielechowski told the Juneau Empire that closing gun stores harmed Alaskans who depend on hunting for food to “provide for their families.
“When you’re talking about shutting down something the Alaska people have said expressly and explicitly is an individual right, you cannot do that,” Wielechowski said.
The debate of whether gun shops should be deemed essential businesses during disasters made headlines after COVID-19 pushed numerous nonessential businesses to close temporarily.
During the pandemic, counties in California issued mandates forcing gun shops and firing ranges to close down. The decision was struck down in a federal appeals court that deemed the mandate unconstitutional in McDougall v. County of Ventura.
“Even with McDougall v. County of Ventura’s ruling, I felt it important to expressly codify this in statutes because there actually had been a gun store closure in Alaska’s largest city during the pandemic,” Tilton told the Washington Examiner. “It was a personal priority to prevent that from happening again.”
In March 2020, the Cybersecurity and Infrastructure Security Agency, which is part of the Department of Homeland Security, issued guidelines that suggested allowing gun stores to remain open under then-President Donald Trump.
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However, the guidance held no legal weight, unlike Alaska’s House Bill 61, which will be enforced statewide. Under this law, “the governor, a state agency, or a municipality” can’t ban people from gun possession or seize weapons for personal use.
Tilton emphasized that Alaska has historically been one of the most pro-gun states in the country. “HB 61 only adds to the Alaska Legislature’s lengthy history of protecting Alaskan’s 2A rights and I’m honored to be able to add to that legacy,” Tilton said.
