Alaska House Passes 2nd Amendment Preservation Act, 31-5

Today, February 25th, Alaska’s Second Amendment Preservation Act, HB69, has passed the State House and will now move on to the Senate for concurrence.

On the 20th of February, HB69 was read during the House Judicial Committee meeting where it was then scheduled for a hearing that was held today. During that hearing meeting, the bill was read for a second reading where the committee unanimously consented to the bills adoption.  It was then considered by the full house.  The vote was 31-5.

HB69 states, in part: “A personal firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured commercially or privately in this state and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.” [emphasis added]

The bill continues, “The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in this state or made in this state from those materials. Firearm accessories that are imported into this state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in this state.”

Unlike the firearms freedom act which passed in 2010, the bill covers firearms not only manufactured in the state, but also those simply “possessed” within the boundaries of the state.  It also provides for a penalty for anyone enforcing federal bans or regulations on firearms in Alaska.

“A federal statute, regulation, rule, or order enacted or effective on or after the effective date of this Act is unenforceable in this state if the federal statute, regulation, rule, or order attempts to (1) ban or restrict ownership of a semiautomatic firearm or a magazine of a firearm; or (2) require a firearm, magazine, or other firearm accessory to be registered. An official, agent, or employee of the federal government who enforces, attempts to enforce a federal statute, regulation, rule, or order that is unenforceable under this section is guilty of a class B misdemeanor and may be punished as provided in AS 12.55.”

A class B misdomeanor holds a fine of $2,000 and may be sentenced to not more than 90 days of prison.

Representative Mike Chenault said on his webpage. “Tragedy is not a license for federal encroachment of constitutionally protected freedoms. We can all agree that what happened in Newtown, Connecticut was an absolute tragedy. But what we fundamentally disagree on is how you meet the challenge it presented… “The President shouldn’t parade out children and pull on emotional heart strings on something as important as executing orders to circumvent the Congress and weaken the Second Amendment to the U.S. Constitution. Former Fairbanks Representative Mike Kelly stood up for Alaskans’ gun rights during the 26th Legislature, and I hope to carry on his legacy with this new bill.”

FINAL VOTE TALLY

Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,
Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller,
LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Pruitt, Reinbold,
Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson

Nays: Drummond, Gara, Gruenberg, Josephson, Kreiss-Tomkins

Excused: Guttenberg, Kawasaki, Kerttula, Neuman

“We need to lessen federal incursion into our lives and protect our hard-fought rights,” Chenault said. “Alaskans deserve the right to protect themselves how they see fit, under the law of the land duly passed by the Congress, not presidential fiat.”

ACTION ITEMS for Alaska

1. Contact your state Senator.  Strongly, but respectfully, let him or her know that you want them to vote YES on HB69.

contact info here:
http://senate.legis.state.ak.us/

2. Encourage your local community to take action as well.  Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners.  Various local governments around the country are already passing similar resolutions and ordinances.  Local legislative action is a great way to strengthen a statewide campaign against 2nd Amendment violations

model legislation here:
http://tenthamendmentcenter.com/2ndamendmentpreservation/

3.  Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters

LEGISLATION AND TRACKING

If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.

Track the status of 2nd Amendment preservation legislation in states around the country HERE

ADDITIONAL READING AND RESOURCES

The 2nd Amendment Preservation Act IS constitutional

How to Respond to Unlawful Orders

The 2nd Amendment didn’t “grant” rights