This editorial first appeared in the Fairbanks Daily News-Miner:
Alaska state government has some rational, legal methods of defending the Second Amendment rights of Alaskans. Sending Alaska State Troopers to arrest federal agents isn’t one of them.
Yet that course of action could be required by legislation approved by the state House on Monday.
The provision in the House bill is nonsense, as some legislators acknowledged, but they voted for it anyway. Senators should refrain from doing so if they get the chance.
Several House members said they voted for this bill to protest proposed new federal gun restrictions, i.e. to “do something.”
By using this method of protest, though, they’ve invited mockery rather than serious consideration of their legitimate concerns about new federal gun regulations. This bill draws cringes from all intelligent people who fervently oppose passage of ineffective new gun rules rooted in an equally uninformed, emotional desire to “do something.”
Gov. Bobby Jindal, R-La., recently begged the GOP not to be the “stupid party.” One could imagine this legislation is precisely the sort of thing about which he was thinking.
The House bill starts by claiming that any new federal firearm registration requirement or federal ban or restriction on ownership of semiautomatic firearms or firearm magazines “is unenforceable in this state by ... the federal government.”
Really? The Alaska House has just judged a law of Congress to be unenforceable by federal officials. A sixth-grader could tell legislators they don’t have that power.
It doesn’t stop there, though.
The next line of the bill states that any federal official who tries to enforce any new federal rule of this sort “is guilty of a class C felony and may be punished as provided in A.S. 12.55.” That statute offers up to two years in prison for a first offense.
Besides putting state and local law enforcement officers in a terrible position, this creates a conflict in which the state is guaranteed to lose. The way to successfully challenge federal officials is not to declare them criminals but to deny them authority to operate. That requires action by Congress or a court, not handcuffs wielded by an Alaska State Trooper.
One supporter of this bill, herself an attorney no less, asserted that it is analogous to recent decisions in Colorado and Washington that legalized marijuana use despite the federal law that still criminalizes it. Not even close. Voters in those states didn’t order their state police to arrest federal officers who bust people for marijuana. They simply decriminalized marijuana in their state laws.
The equivalent here would be for members of the Alaska Legislature to refrain from matching any new federal gun rules. That seems like a good place to start — and it would be a decision they actually have the authority to make.
Comments (29)
Add commentAt least we're not Texas...
Y' know, if at my job, I piped up and told my boss "Yeah, I know I'm supposed to work on that stuff you told me to do, but I'd rather do this thing that takes up a lot of time, loses you money, is completely worthless and probably illegal," I think I'd probably be fired before I could draw another breath. Can someone please wipe the drool off their chins and show these legislators where to do some actual lawmaking?
Cathy Munoz
OK Juneauites, time to ask Representative Cathy Munoz why she voted 'Yes' for this sad joke of a bill. What was she thinking? Is she representing the majority of her constituents' values?
Please tell me that this woman won't run unopposed again next term!
Latitude
I don't know whether or not you asked Rep. Munoz to vote for HB69 but I wrote to all legislators asking them to do so, and I then wrote and thanked them. So this constituent of Rep. Munoz is happy with her vote. I think there was only one vote in the entire House against it by the way, so get over it Latitude; Alaska is a pro-gun, anti-Obama state.
Obama wants to confiscate our guns, including the 4 million AR15 rifles owned by Americans, and therefore law-abiding Alaskans are quite scared. Take a look at the ammo shelves at Fred Meyer, Walmart and Western Auto if you don't think that Juneau citizens are also scared. The Fred Meyer gun clerk told me that each week they are promised ammo (even out of .22 rimfire ammo) and each week the shipment has none.
So thank you Rep. Munoz for voting for HB69, HJR 4, HB24 and all the other gun and self-defense bills we are likely to see in the 28th Alaska Legislature. Note that Democrats are mostly voting for these bills Latitude so where are you going to go?
No Mockery
I thank the legislature for protecting the rights of all Alaskans regardless of their stance on this subject. THANK YOU
geedogs
5 nays
4 abstentions
But doesn't really matter which way those other reps voted. They don't represent Juneau.
Question: If you attempt to carry your concealed handgun onto an Alaska Airlines flight and TSA apprehends you, should the TSA agents be arrested by the Troopers?
The 2 states that legalized
The 2 states that legalized dope seems to fall into this same gray area.
what happened to the state I grew up in
cause it sure isn't now....it is sad to say we have been taken over by nutcases who should actually move to Greenland or someplace like maybe Antarctica. Bartlett, Hammond, Egan etc must be rolling over in their graves and weeping tears at what calls themselves Alaskans these days.
JCashen
I knew Jay Hammond and he was as strong a gun rights advocate as anyone of his era. Remember, he was a guide, bush pilot, trapper and bounty hunter. He flew Navy Corsairs. He would be opposing Obama today, and if Obama got Jay Hammond's guns in the end I guaranty the bullets would have gone first and the guns would be very warm.
Right on
{Gov. Bobby Jindal, R-La., recently begged the GOP not to be the “stupid party.” One could imagine this legislation is precisely the sort of thing about which he was thinking.}
No kidding. This legislation is disgraceful. One might argue that it could foment treasonous attitudes, if not actions.
I wrote Rep. Munoz as well....
I wrote Both my House and Senate Legislators, and told them BOTH, that if they did NOT for vote FOR these Gun Rights BIlls, when they came up in their respective Bodies, I would spend my "LAST DIME" to see ANYONE ELSE elected to their Seat, during the Next Election Cycle. I do not normally get into Politics much, but when we are talking MY Rights, being abridged, Yea, that causes "Me" Concern. I suspect most other True Alaskans feel the same, as I do, and let their Legislators know EXACTLY how they FEEL, on this issue. If some of the Bleeding Hearts, whine about the outcome, lets just put it to a VOTE. Alaskans are Proud of their 2nd Amendment Rights, and will ALWAYS VOTE, AND APPROVE those Legislators who do the same. If you have different feelings, fine, but it isn't going to change the Majority supported outcome. If you can't stand to live by that, then there is always Kommiefornia, and New York, for you to move to.... where they seem to feel the same way you do, and will TAX YOU, for the privilege....
OK, BTPost
Then this question is for you:
If you attempt to carry your concealed handgun onto an Alaska Airlines flight and TSA apprehends you, should the TSA agents be arrested by the Troopers?
If not, why not? Isn't that a federal restriction of your 2nd Amendment rights? Shouldn't you be allowed to have a gun on your person in the event another 9/11 style hijacking occurs? What right does TSA have to deny you?
Looks who's talking
The reason that many states are passing this type of legislation is that they are signaling the Federal government to get their heads out of their back pockets. Anytime you start taking the community organizer, the ex-mayor of San Francisco, and the billionaire soda pop czar seriously, you are in big trouble.
There are about 40 members of the federal legislature, on both sides of the aisle, that are so full of themselves, that they are really dangerous people and should not be voting for dog catcher let alone voting to destroy parts of the constitution that they do not agree with.
Lat
The debate is over, your cause lost!
ya lat!
Dont you know that the Constitution says "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear ANY AND ALL arms shall not be infringed." duh.
Now, if you dont mind, i'm going to the range with my AK-47 and rocket launcher. Hope to see you there! Please bring your hand grenade.
How about it, Style?
Should TSA be allowed to prevent you from carrying onto an Alaskan Airlines flight? Is that a 2nd Amendment infringement?
This is a serious question. Can't any of you patriots answer this for me? If they CAN prevent you, why?
TSA
Latitude58, I never had a problem with Alaska Airlines or other airline services running me through the metal detector before TSA came around. They did not take naked photos of me, they never sexually assaulted me, my children, or grandmother and countless other atrocities.
I've never needed my gun on a plane and when I did I never had a problem with locking it up in a case with the rest of the luggage.
How many terrorists has your beloved TSA caught?
misdirection
I don't care about your grandmother, I don't want to think about naked photos of you, I'm not defending"my beloved TSA", and I don't care if you have never needed a gun on a plane or not. Those are all irrelevant to the questions.
I'll type it slowly this time:
Should TSA be allowed to prevent you from carrying your concealed weapon onboard (not locked in your luggage) an Alaska Airlines flight.
If so, why is that not an infringement of your 2nd Amendment rights?
Now, do you understand the questions?
Private owned
No Lat its not an infringement, The airlines are privately owned just as a supermarket or a bar or other place of business is. If a private business owner declares he or she doesn't want weapons in his or her establishment that is their right. Just as it is the private airline industries right to require weapons be stowed in a secured case with the luggage.
Private?
Then why is a federal agency doing the screening? Why doesn't Alaska Air, or the Juneau Airport, pay for private screeners? What next? Are the bars downtown going to have federal screeners acting as bouncers at their doors?
And if I take my gun into a restaurant and they have a 'no guns' policy, I'll be asked to leave, but I don't think I'll be arrested and prosecuted under federal law as a terrorist. If I carry my gun onboard a plane...it's gonna get ugly for me.
No, the reason you're having to unload, declare, lock up, and check your guns and ammo is because of TSA rules.
What gives them the right?
lol
Welcome to our side of reasoning Latitude58. I'm glad we are now on the same page of questioning.
OK
I can respect your consistency on this.
Myself, I don't want every airline making up the rules. And I don't want any and all itchy-triggered morons packing on the aluminum-skinned tube I'm in at 33,000 feet.
I don't necessarily agree with it, but I understand your position. Thanks for playing along.
The "stupid party"...
...signed the Declaration of Independence. Back in the day...
TSA does NOT have Arrest Authority in the USA....
TSA does NOT have Arrest Authority in the USA.. Period... They can only Prevent you from boarding the Aircraft. If you try and do so, against their direction, they call the Local Law Enforcement, to arrest you, or move you out of the SECURE Area... What part of THIS, do you NOT Understand, Latitude???
By their OWN Regulations, TSA Agents are prevented from even touching a Firearm, or Ammunition, that may be declared in checked baggage. If there is an ISSUE, the Owner is summoned, to the Inspection Area, and He has to deal, physically, with the weapon. You really should get yourself better informed, Latitude.. as you really have NO CLUE. Again the only thing they can do is, NOT Allow the person, or item, to board the flight, and disposal, arrest, or removal from the SECURE Area is handled by local LAW Enforcement.
OK
ENOUGH with the SHOUTING in the forum AREA!
Thanks for the info. I didn't know that they couldn't arrest you. But the end result is the same. Federal agents are inspecting you and your belongings and preventing you from boarding an aircraft. And they're making the rules that prevent said boarding. Is that an infringement of your 2nd Amendment rights or not? Should the Troopers arrest them for interfering with your activities?
As far as declared firearms in luggage, yeah, so what? Why should you have to 'declare' your firearms in the first place? Aren't you from the crowd who gets your panties in a bunch about informing the government about your firearms, but suddenly you're declaring them at airports like little sheep? What gives?
Come on lat You must know by
Come on lat
You must know by now these people don't yield to logic. They can't even engage in a logical debate without deflecting, lying, shouting or outright stupidity. It is sad that our legislators willingly pass laws that cant and won't be enforced because they are illegal. But as long as they continue to illustrate the divide and unwillingness to work for Americans they're winning votes I guess. Just goes to show how stupid the average American is. And GD is correct, the average Alaskan is plainly stupider then the average American.
TSA...
...most certainly does handle checked firearms they have flipped up the foldable rear sight on one of my rifles and left it up to tear a hole in their own inspection tag as it ground against the bottom of my rifle case. Meanwhile they packed my scoped rifle so close to it that it added weight to the situation. Why would they flip the sight up to start with? Because they CAN. Even though they MAY NOT. But, they DO. Apes with badges.
Obama is not coming for your guns
Glacierdogs -- President Obama is not coming for your guns, despite what the Koch brothers, Fox News, et al, would have you believe. Just because he is black does not mean he wants to take away your gun, or even your right to own a gun. He is only promoting some reasonable restrictions aimed at keeping guns out of the hands of criminals and crazies. And seriously -- if you need an assault rifle to hunt deer or moose or whatever else you hunt, you must be a really bad hunter.
try a little history
and get away from the CURRENT NRA rhetoric. Folks should try and read up on the history of the NRA, Pres. Reagan etc. Fascinating, in that the NRA was in favor of gun laws, restrictions, background checks etc. So was Reagan, but we wouldn't want to bring that up, it all comes down to the ones who scream the loudest probably would fail any check and not be allowed to own a gun. They also forget the SCOTUS ruling in Heller vs. DC which even Scalia stated that gun regulations are not against the law. It seems to me that most folks need to look up the definition of "regulated" as in "A well REGULATED militia......
@skirtz
The "stupid party" was not in existence at the time the constitution was signed. Glad to see you qualify.