Firearm freedom a priority for Fairbanks Rep. Kelly
by Christopher Eshleman/ceshleman@newsminer.com
Dec 22, 2009 | 2974 views | 43 43 comments | 11 11 recommendations | email to a friend | print
FAIRBANKS — An Interior lawmaker said he’ll push to curb federal regulation of guns built and sold solely within Alaska, saying his research has failed to convince him Congress can justify regulating, or requiring registration of, firearms built and sold within a single state’s boundaries.

Federal commerce laws regulate firearm producers and dealers, limiting them to license-holders. The proposed Alaska Firearms Freedom Act, pitched by Rep. Mike Kelly, R-Fairbanks, seeks to preclude federal regulation of guns, ammunition, magazines or other accessories made and sold only within Alaska.

Kelly said federal rules should apply to firearms sold across state borders, where the federal government has clear constitutional authority to regulate interstate commerce. He cited, as justification of his plan, the Bill of Rights’ protection of state and individual firearm rights.

“It says, ‘Thank you just the same, but we’ll control the things — powers — left to us as a state or as individual Alaskans,’” Kelly said.

The bill’s presentation during last winter’s legislative retreat coincided with, in Fairbanks and Outside, a wave of anti-federal government public sentiment. Kelly said he finds himself at least partly aligned with that movement and the act, along with a planned “health care freedoms” resolution, aim to reinforce Alaskans’ rights in the face of federal initiatives.

The bill easily passed the state House of Representatives in April after picking up 11 co-sponsors. It now sits before the Senate Judiciary Committee, whose chairman is Anchorage Democrat Sen. Hollis French. French said Tuesday he’ll schedule a committee hearing for the bill this winter, a hearing that likely will come relatively soon if sponsors have an accompanying information packet ready.

The act would allow unlicensed gun suppliers and dealers to make and sell firearms if the products remain in the state, according to Kelly’s explanation.

The guns would need to prominently display the words “made in Alaska.” The state attorney general’s office would defend businesses prosecuted by the federal government for failure to hold a license.

The bill could insert Alaska into a broader national discussion about gun rights. Similar bills have passed in Montana and Tennessee. Fairbanks attorney Lynn Levengood said many gun rights advocates are closely following debate about gun rights following a shift in Congress and the White House to Democratic control.

“It’s a fail-safe position,” Levengood said. “If federal law tries to undo our Second Amendment rights, we’ve got a fail-safe.”

Alan Gottlieb, founder of the Bellevue, Wash.-based Second Amendment Foundation, said he expects similar proposals to emerge in many states next year. Gottlieb said past court rulings could create hurdles as states look to protect intrastate gun trade. But he said if enough states jump on board, the momentum could force Congress to rethink the federal government’s role in firearm regulation.

“The more states that join in, the more ammunition and clout it gives to the argument,” Gottlieb said of firearm freedom laws.

Kelly’s bill is House Bill 186.

Comments
(43)
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Invictus
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December 24, 2009
So, you wondered why Switzerland has the lowest crime rate in the world?

http://www.youtube.com:80/watch?v=6nf1OgV449g
triproad
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December 24, 2009
gaydandy, if you weld as good as you think then I believe that we may have a culprit in the recent rash of north slope oil leaks.

I want a 50cal semi-auto with a 500 round box magazine mounted to the roof of my truck. Remotely targeted and fired of course. What do you liberals think about that?
Scotsman
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December 23, 2009
Well, GEMdandy, that was a well thought-out reply. As I understand it, you were simply talking about the military in general, right? -- the whole sheebang that ends up here? And we are unfortunately stuck with those who want to smoke dope and get away from their past, but they don't look forward to being here.

If, as you say, we have to stop ignoring the laws, consider this: You are in some jeopardy because Obama is passing a law and other gasses right along with it that is going to outlaw the production of carbon dioxide. And you can bet your whatever that he doesn't have any sense of humor about the stupid production of carbon dioxide, from what we've seen so far, don't you think?
PMcGraw
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December 23, 2009
GYMDANDY, I am a lifelong third generation Alaskan. So you better take another hit.

Isanova the dregs elected Obama the ones that are either over educated and do not work or the under educated and live off those that do.

I for one am sick of this and if my tax rate increases much more may just quit my job as well. What is the point of working to continue to support the non productive?

Mandatory auto insurance now mandatory health insurance how about this damn country shove their mandatory up their .....

Pat

Pat
longhornak
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December 23, 2009
Hey gymdandy, are you going to respond, or yell some more silly comments? Do us all a favor and stop trolling around. (Oh, and BTW, I am a lifelong Alaskan, and I believe in state's rights)

This may not be as important as what Congress is doing right now, but it is still important. We as a state must stand up for our rights, otherwise they will be taken away one by one, and then this out-of-date law (see bill of rights) will become null and void due to indifference. (I say out of date with extreme sarcasm)
Invictus
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December 23, 2009
As gun ownership goes up, crime goes down. The numbers say this began in 2006 when the democrats took over congress. Thank you democrats! The latest statistics:

http://blog.nssf.org/2009/12/violent-crime-continues-decline-even-while-gun-ownership-increases.html
Isanova
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December 23, 2009
PMcGraw,

For the past five elections we have had approx.

129.5 million votes -2008

121.0 million votes -2004

101.5 million votes -2000

86.5 million votes -1996

104.0 million votes -1992

239.0 Million Americans - 1990 Census

281.5 Million Americans - 2000 Census

-------------------------------------

Please don't try to imply that the last election were the dregs of society simply because you disagree with their choices
Scotsman
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December 23, 2009
News Miner: You have seen fit to delete postings which were considerably less offensive or politically correct than Gymdandy's.

Would you care to explain why you chose not to delete Gymdandy's?
Scotsman
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December 23, 2009
GYMDANDY, YOU POSTED THE FOLLOWING COMMENT AT 10:27 THIS MORNING:

"THE REASON THESE MIAS AND POWS MOVE UP TO ALASKA IS FOR SMOKING POT WICH IS ILLEGAL BECAUSE STATE LAW CAN NEVER OVERRIDE FEDERAL LAW.SO NOW WE HAVE A LARGE NUMBER OF PSYCHO EX MILITIARY UP HERE WHERE I WAS BORN AND THEY ARE STONED OUT OF THERE MIND WITH A CONCEALED WEAPON ON THEM."

___ ___ ___

Since the News Miner hasn't seen fit to delete your post, define more clearly just who it is you are disparaging: MIAs and POWs (there have officially been none since 1973, so that would leave out the generations of vets since then) -- and does the "psycho ex-military" describe them or is that a separate category of ex-military?

Here's a short bio of one POW, Jeremiah Denton. Captured on July 18, 1965. Kept in solitary confinement (except for 3 months in 1967) until Dec 23, 1969 (that would be 4-years plus some months in uninterrupted solitary, sometimes in long periods complete darkness). Tortured constantly and badly. Finally freed 7-1/2 years after he was captured. Here's what he had to say in 1976 when he was the Commandant of the Armed Forces Staff College -- he holds a master's degree from George Washington University and an honorary Doctor's degree from Spring Hill College:

"My reentry into freedom...has been a mixed experience.

I reported back for duty to Admiral Noel Gayler. But my happiness on landing at Clark Field in the Philippines was tinged with sadness when I learned that my father had died in 1970. Jane, of course, had written me of his death, but that letter was one of many I had not received.

Then there was the overwhelming joy of reunion with my family... Jane, on the apron of the runway; five handsome sons; two beautiful daughters; and two people I had not met before, daughters-in-law...

Of all the emotions that I have experienced, nothing yet compares with my feeling of pride at the strength of character shown by my family while I was away and during my recovery period. Jane especially cannot get enough credit.

... It was difficult to achieve because imprisonment tends to breed resentment, suspicion, jealousy, hatred, and disunity, and in Hanoi our captors fostered these emotions. But most of the prisoners...became indivisible in their resistance and with the understanding that our way of life, with all its imperfections, is incomparably greater than anything offered by Communism. We can add our testimony to that of great heroes like Solzhenitsyn and Sakharov, who have vividly related what Communism is really like.

... This nation is carrying the hopes of hundreds of millions of people throughout the world, both in Communist and in Communist-dominated countries. Indeed, we must vow to love our neighbor. We must do what we can to spread among the deprived of the world the fruits of our labor, as any good neighbor would, and share with them our own spiritual light.

Shall we survive? I don't know. But I think it is possible, so we must try."

____ ____ ____

DOES THAT SOUND LIKE THE POWS AND MIAS AND PSYCHO EX-MILITARY YOU HAD IN MIND, GYMDANDY?
AlaskaFirst
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December 23, 2009
Gymdandy- You are having trouble conveying your message here, it almost looks like you are the one with a Marijuana problem. Your material is at perhaps a 5th grade level. It's a little hard to take you seriously.
PMcGraw
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December 23, 2009
Thanks to Mike Kelly for putting this forward. I believe we need to do all we can to fight for states rights.

Stealhead I do not think the majority of Americans voted in the last election. Unfortunately many of the working class do not take the time to vote and it seems many of those that leach off of them did. And Obama did well at organizing those on welfare and dependent on the Government.

Pat
stealheadak
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December 23, 2009
Alaskaman I did say in most cases. What I am talking about is that Kellys bill would be trumped by any federal law that prohibits firearm ownership by private citizens. I know what the 2nd Amendment says but things change. I am not worried about losing my guns and even if I were there is nothing I can do to stop a government determined to confiscate them. For some reason people can't understand that the Democrats have both houses and the President. This is not by luck it's because the majority of Americans don't agree with the Republicans. This too could change but the demographics of America are not what they used to be and they sure don't match the demographics of Alaska.
Oh_please
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December 23, 2009
Firearm freedom a priority for Fairbanks Rep. Kelly

Schaeffer 'just-hidin'-my-male-pattern-baldness' Cox must be breathing down Mike's neck. lol.
justasking
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December 23, 2009
old one vote Kelly is at it again..

Alaskaman100
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December 23, 2009
Stealhead - what are you talking about? I own a number of short barreled shotguns and select fire weapons. They aren't illegal, you just have to pay a fee and get a liscense to own them.

What this law is about is placing limits on federal authority where it is properly limited.
stealheadak
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December 23, 2009
This law would have very little effect. We already have many options when it comes to buying firearms. I doubt there would be enough demand to keep an all Alaskan gun manufacturer in buisness. As for the government taking your guns, it would just be a matter of passing laws to make them illegal. Believe it or not you would not die with your cold dead fingers wrapped around a gun. You would simply turn them in to keep from going to jail. It's the same reason you don't own sawed off shotguns and fully auto rifles, they are illegal in most cases.
Alaskaman100
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December 23, 2009
Remember that manufacturing a firearm isn't necessarily a commercial gunsmithing operation. If you press a receiver together from blanks and put a trigger assembly in it, you've just manufactured a firearm. Never mind that it doesn't have a stock or barrel or forend on it. So this would also protect guys (sorry ladies, i'm using the masculine becuase I can think of no woman who would want to do this) who buy an AK or FN-FAL kit and want to assemble it in their garage.
JJS
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December 23, 2009
Gym,

Longhorn is exactly right it is called Posse Comitatus Act and you can read about it here:

http://en.wikipedia.org/wiki/Posse_Comitatus_Act

I am in the military and I know exactly the amount of coordination and permission that is required for any type of non-LE assistance let alone LE assistance.

I guess I have extreme tunnel vision then since I have my own FFL, I carry concealed and own several guns. No one has the right to say I can't defend myself or my family from serious bodliy harm or death. God forbid something happening up here in a target rich enviroment. I am from Nebraska where this: http://en.wikipedia.org/wiki/Westroads_Mall_shooting

Occured and this happened:

At approximately 1:43 p.m. CST (19:43 UTC), Robert Hawkins stepped out of the elevator on the third floor and opened fire. He killed eight people and wounded four others over the course of six minutes, before dying from a self-inflicted gunshot wound to the head near the customer service desk. He fired more than 30 rounds, striking 12 people. Six died on the spot, one died before reaching the hospital, and another died 45 minutes after reaching the ER of another hospital

Now you tell me what would happen if someone decided to do this in a target rich enviroment. It would take FPD several minutes to arrive and get ready for entry. Now guess what Nebraska/Omaha has since passed a Concealed Carry Law, had there been one and people were carrying there was a chance that someone could have stopped him or it might not have happened.

If you want to take your life into the hand of First Responders that's fine but me I want the chance to protect myself or others should the need arise.
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