The Legislative Council on Friday balked at referring two proposed gun-related studies to the House Public Health, Welfare and Labor Committee.
In a divided voice vote after nine minutes of debate, the council approved a motion by Sen. Terry Rice, R-Waldron, not to refer to the House committee two studies proposed by Rep. Denise Garner, D-Fayetteville.
The council rarely declines to authorize committees to study issues between legislative sessions. Rice told fellow lawmakers that it's the first time that he has made a motion not to authorize a study.
In one proposed study, Garner asked the council to refer to the House Public Health, Welfare and Labor Committee a study about the creation and implementation of a "robust background check system designed to screen potential buyers or transferees of firearms for pre-existing mental illnesses, prior criminal convictions, and other conditions that are not conducive to responsible firearm ownership or use."
Garner also asked the council to refer to the House committee a study of a possible requirement that a restraint holster be used if a person is lawfully carrying a concealed handgun.
The proposed study states that a restraint holster generally means a holster capable of carrying or storing a concealed handgun on the body and that has at least two or three restraints to secure the weapon. The restraints include a thumb strap, a mechanical lock or "adjustable tension."
A restraint holster provides an extra level of safety and security by preventing the accidental dropping of the gun, according to Garner's proposal.
Rice told lawmakers that the proposed studies are "anti- Second Amendment in my view."
Sen. Linda Chesterfield, D-Little Rock, said, "The idea that we would not study something is anathema to what I think our role is as a body.
"We may never pass it, but you eliminate even the opportunity to discuss it. I think it is a bit rash," she said.
Sen. Kim Hammer, R-Benton, said he doesn't remember gun bills being heard in the public health committee and he thought they are referred to the judiciary committees or another committee.
Council co-chairwoman Sen. Cecile Bledsoe, R-Rogers, said, "I do think you are right.
"Usually that is not germane for public health," said Bledsoe, a former chairwoman of the Senate Public Health, Welfare and Labor Committee.
Hammer said he favors Rice's motion not to refer Garner's proposed studies to the House public health committee "because I think they are being sent to the wrong committee and that that should be addressed and resolved, and, then if the sponsor wants to bring it back next month, but it be applied to the appropriate committee."
Garner said she wanted proposed studies referred to the public health committee instead of the judiciary committee because "I don't believe these are Second Amendment issues.
"I am a gun owner. I conceal-carry," she said.
"This is not a taking away of guns. It is not anything that has to do with the Second Amendment. It has to do with the health and safety of those who are using guns or those who are around folks who are using guns. That's the issue that we are concerned with. We've had reports from children picking up guns underneath a parent's seat and shooting themselves or their parents. We've had other issues, in even Fayetteville, where a gun was discharged without a holster and people were injured," Garner said.
"What I would like to look at is just ways to make guns safer -- not take them away," she said.
But Sen. Trent Garner, R-El Dorado, said he disagreed with her remarks.
Requiring "a retention strap, a thumb strap, or other things" means "you are talking about criminal penalties being added to that if you do not carry that weapon in a certain way," he said.
"I carry multiple weapon systems typically when I go around," Sen. Garner said. The restraint holster proposal, if it became law, would make each way he carries a weapon illegal, Sen. Garner said. He said the background check proposal, if it became law, would create a criminal penalty if it wasn't followed.
These proposed studies should be referred to the judiciary committee instead, Sen. Garner said.
Sen. Bob Ballinger, R-Berryville, noted that the proposed background-check study states that a number of the recent mass shootings may have been prevented if a robust background check system had been in place.
"And that's not true," he said.
Ballinger said the proposed study "is just simply a political tool that I don't think this body should be playing with."
Rep. John Payton, R-Wilburn, said, "Nothing stops us from debating these issues and talking to each other and to our constituents.
"What we are talking about when we adopt an interim study is are we going to spend taxpayer money to have meetings and to study an issue and I don't believe that the taxpayers of Arkansas would support us using their money to have these meetings and bring in experts or whatever it may entail to do this study," he said.
He said he favored Rice's motion not to refer the proposals for study.
Senate Democratic leader Keith Ingram of West Memphis said he wanted to remind lawmakers that former Republican U.S. Rep. Jay Dickey eventually regretted the role he played in sponsoring and voting for the Dickey Amendment. That congressional action has barred the use of funds for the study of gun violence and gun-violence prevention for more than two decades.
"Over the period of time, he came to realize that studies such as this are very important to make decisions," Ingram said.
Afterward, Rice said in an interview, "I am for [Rep. Garner] advocating whatever she wants to advocate for."
But he said, "The populace of Arkansas sees this for what it is."
Rep. Garner said in a news release issued through the state Democratic Party that "all of our constituents expect us to do something to stop gun violence.
"Why we cannot even study the issue objectively is beyond me and quite frankly unacceptable as elected officials," she said.
Last November, Rep. Garner ousted Rep. Charlie Collins, R-Fayetteville, who championed a 2017 state law that allows people to carry guns on state college campuses and into some other public places if they have concealed-carry permits and take extra training.
Metro on 09/21/2019