Alaska gun measure sends message to feds

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PCGS65

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Alaska gun measure sends message to feds

Associated Press - February 1, 2010 7:54 PM ET

JUNEAU, Alaska (AP) - Alaska lawmakers are fighting federal gun regulations with what they call the Alaska Firearms Freedom Act.

The measure seeks to assert state's rights over federal regulations regarding guns, accessories and ammunition made and distributed in Alaska. It passed the House last year, and its resurfacing comes amid a growing fight with the federal government over what the state sees as undue interference on issues ranging from land access to Endangered Species Act protections.

The bill's primary sponsor, Republican Rep. Mike Kelly of Fairbanks, says it sends a message that Alaska is serious about Second Amendment rights.

But a spokesman for the largest gun shop in Alaska, Wild West Guns in Homer, says the legislation will probably have no practical effect. Alaska gun shops rely heavily on out-of-state gun components for manufacturing.

LINK
http://www.ktuu.com/Global/story.asp?S=11915968
 
They'll join Montana and Tennessee as the only states passing a FFA when it's a done deal.
 
Can't wait - hopefully several other states will pass similar resolutions this year as well. It will make for a very interesting legal battle for sure.
 
What legal battle?

ATF has already said in so many words that the Tennessee & Montana laws are worthless. It's business as usual.

http://www.atf.gov/press/releases/2009/07/071609-openletter-ffl-tennessee-legislation.pdf
http://www.atf.gov/press/releases/2009/07/071609-openletter-ffl-montana-legislation.pdf
LOL...

By definition under the FFA in Montana an cannot apply to FFL's (Federal Firearms License).

However for arms manufactured in Montana, as long as it meets the requirements of Montana law its perfectly legal including normally NFA/GCA weapons, and a 4473 is not needed for these weapons, although prosecution might happen as the BATFE are not yet acceding to the law.

There's also a legal battle on between MSSA/SAF against the BATFE, filed the day after the law was signed.

Lets be honest here, unless we do stand up the the BATFE then they can arbitrarily encroach on our rights to the point where we have none. The more states that sign this type of legislation into state law the better as far as I'm concerned.
 
LOL...

By definition under the FFA in Montana an cannot apply to FFL's (Federal Firearms License).

However for arms manufactured in Montana, as long as it meets the requirements of Montana law its perfectly legal including normally NFA/GCA weapons, and a 4473 is not needed for these weapons, although prosecution might happen as the BATFE are not yet acceding to the law.

There's also a legal battle on between MSSA/SAF against the BATFE, filed the day after the law was signed.

Lets be honest here, unless we do stand up the the BATFE then they can arbitrarily encroach on our rights to the point where we have none. The more states that sign this type of legislation into state law the better as far as I'm concerned.

...except that, due to the precedents established in Wickard and Raich, anything and everything affects interstate commerce--even things grown and used in your own home, never crossing a property line or being sold--and is therefore subject to Federal regulation.

Do I agree that it's BS? You betcha--but the Feds are still willing to enforce that BS with machine guns and rifles. Speaking of which, does anybody know where Lon Horiuchi is these days?
 
OOOOH LARUE. If Texas passes one of these bills I would SOOOO buy one :D

A little too pricey unless it has a protection bill for it!!!
 
...except that, due to the precedents established in Wickard and Raich, anything and everything affects interstate commerce--even things grown and used in your own home, never crossing a property line or being sold--and is therefore subject to Federal regulation.

Do I agree that it's BS? You betcha--but the Feds are still willing to enforce that BS with machine guns and rifles. Speaking of which, does anybody know where Lon Horiuchi is these days?
Agreed, but that's why our legislation includes legal, and financial aid on opposing any charges levied by the Federal Government.

Unfortunately the only way to prevent Federal Government intervention on a state level is at some point to say No. Laws like these are a line in the sand, and sure it requires someone behind that line to do something that could be seen as contravening federal law, where there is no constitutional justification for that law (i.e. firearm regulation via interstate commerce). Then it's up to the courts to decide.

So in my opinion I believe it's a good thing, the alternative is to just eliminate states all together, because sooner or later they're going to be an anachronism if the Feds keep jumping up and down on rights reserved to the States or the People.

EGP said:
What guns and gun accessories are made in Alaska?
none as yet, but if this is passed, and MSSA/SAF vs. BATFE looks solid, then I might just wind up a milling machine, metal press, and other odds and ends and see what goes from there.
 
Gungnir, I agree wholeheartedly that this is a good thing, I just don't want people to get the idea that these laws are going to be effective in and of themselves. Even the mandatory legal aid won't bring back the dead, nor release from prison those convicted in Federal court. Unless the bill promises the Alaska Guard to oppose the Fed's raiding party--and we know where that leads--then somebody is going to get hurt.

And yes, Wickard and Raich suck. The former was a naked power grab to support FDR's blatantly-unconstitutional schemes, and the latter was a logical extension to support a policy the government already liked. But they are still the law of the land.
 
Until there's a profound change in the approach of the Supreme Court to interstate commerce, these measures are of little, if any, practical effect.

It will be interesting to see if anyone presses the test.
 
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