Alaska nullification

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Eh, the bill is good but it doesn't quite do what 10th Amendment Center claims.

The full text is here:
http://www.legis.state.ak.us/PDF/28/Bills/HB0069A.PDF

Realize that AK already had a firearms freedom act modeled on the Montana one which theoretically made it legal to manufacture NFA items and ignore the GCA for any guns made entirely in Alaska which stay in Alaska. That law is being tested in the federal courts (Montana Shooting Sports, I believe, is the plaintiff) and the ATF has stated that they will continue to prosecute despite such laws.

HB69 expanded our Firearms Freedom Act to include accessories and all guns and accessories possessed in Alaska, not just those made in Alaska. This is questionable legally as the Constitution's Commerce Clause is so broad; a gun which is made in another state and then travels to Alaska has moved in interstate commerce. The federal courts will almost certainly rule that federal laws affecting such items are Constitutional, and thus take supremacy over the AK Firearms Freedom Act.

HB69 states that the Attorney General of Alaska may defend an Alaska resident being prosecuted by the feds. In theory the AG always had this authority so HB69 really does nothing. The 10th Amendment Center claims that the AG is required to defend someone and that is just not the cas.e

HB69 prevents local and state government from supporting any laws which infringe on a person's 2A rights. Guess what? The NFA, the GCA, the federal Assault Weapons Ban, etc have all been upheld by the courts as not "infringing" on someone's 2A rights. So this section is meaningless. If congress passed an AWB tomorrow and the feds started vigorously enforcing it, assuming the law passed muster in the courts (it likely would) then Alaska agencies could support the feds.

Finally, the law has no teeth. The original draft made it a state crime (a misdemeanor) to enforce any federal gun control. This would have allowed Alaska state troopers (or other peace officers) to arrest federal officers attempting to enforce gun control measures. The bill got defanged when it went through the Alaska Senate, probably at the quiet back-door request of Gov Parnell, who is conservative but cautious.

So, all in all, HB69 was nice sentiment and sent a message to Alaska's Senators (RINO Sen Murkowski and Blue Dog Dem Begich) but really does little in practical terms.
 
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