Tuesday, April 16, 2013

Alaska State Legislature Passes HB69 Gun Law Nullification Bill To Stop Enforcement Of New Federal Gun Laws In Alaska; Awaits Governor Parnell's Signature

Both houses of the Alaska State Legislature have now passed HB69, the controversial bill designed to hinder the imposition of more federal gun-grabbing in Alaska. Triggering the bill was the announcement of President Barack Obama's new gun control initiatives back in January 2013. The final act took place on April 11th, 2013 when the State House passed the version amended by the State Senate, 34-5-1. The bill has been forwarded to Governor Sean Parnell for his signature, which is a certainty. All previous posts on HB69 can be simultaneously displayed HERE.

The original version not only would have forbidden state and municipal agencies from using assets to implement or aid in the implementation of the requirements of certain federal statutes, regulations, rules, and orders that are applied to infringe on a person's right to bear arms, but would also have permitted charging federal agents with a felony if they attempted to enforce federal gun grabs within state borders. This version passed the State House on February 25th by a 31-5-4 vote. For those who want to hold their representatives accountable, here's the roll call vote. Note that all Republicans voted for it, and that most of the Democrats voting in favor were rural Democrats; most of the Democrats voting against it were urban Democrats:

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

Nays: Drummond (D), Gara (D), Gruenberg (D), Josephson (D), Kreiss-Tomkins (D)

Excused: Guttenberg (D), Kawasaki (D), Kerttula (D), Neuman (R)

But the State Senate disagreed with part of the bill, and so in their version, they excised the provision charging federal agents with a felony for enforcing federal gun laws, since legislative counsel had advised that the arrest provision would not withstand a court challenge. The Senate also added a provision prohibiting compliance with NDAA indefinite detention and the Real ID Act of 2005. On April 10th, the State Senate passed their version by a 17-3 vote; once again, all Republicans and rural Democrats voted in favor:

Yeas: Bishop (R), Coghill (R), Dunleavy (R), Dyson (R), Egan (D), Fairclough (R), Giessel (R), Hoffman (D), Huggins (R), Kelly (R), McGuire (R), Meyer (R), Micciche (R), Donny Olson (D), Stedman (R), Stevens (R), Wielechowski (R)

Nays: Ellis (D), French (D), Gardner (D)

Because the Senate passed an amended version, it had to go back to the House for a vote. And on April 11th, the House passed the amended version by a 34-5-1 vote:

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

Nays: Drummond (D), Gara (D), Kertulla (D), Josephson (D), Kreiss-Tomkins (D)

Excused: Guttenberg (D)

Governor Sean Parnell previously expressed support for HB69, and is expected to sign the bill. The legislature's action earned praise from both the Tenth Amendment Center and The New American, which noted that HB69 takes the right tack in forcing the federal beast back inside its constitutional cage. TNA writes:

The first step in thwarting the federal government’s goal of consolidating all power in Washington is to remember that any federal act, regulation, or order that exceeds the constitutional limits on federal power has no legal effect. States can — must — courageously refuse to enforce those acts using the historically, legally, and constitutionally sound principle of nullification.

Nullification recognizes the right of states to invalidate any federal measure that a state deems unconstitutional. Nullification is founded on the fact that the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the federal government to enact laws that are applicable to states and their citizens.

For years, state representatives, governors, and wary citizens have sifted through the various legal methods available to combat economic enslavement and the federal government’s intrusions into every aspect of our lives. Many are embracing nullification, recognizing it as the preferred weapon in the fight against federal oppression.

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