We need more politicains that think like these guys. Bill 'exempts' Alaska from gun regulation!!

Bill 'exempts' Alaska from gun regulation

By DAN JOLING
The Associated Press

Published: April 16th, 2009 07:20 PM
Last Modified: April 16th, 2009 09:57 PM

JUNEAU -- On the same day they rejected an attorney general designee who is a board member of the National Rifle Association, members of the state House on Thursday approved a bill exempting guns and ammunition manufactured and kept within Alaska from federal firearms regulation.

House members voted to reject Gov. Sarah Palin's nominee to head the Department of Law, Wayne Anthony Ross, but voted 32-7 in favor of the Alaska Firearms Freedom Act, which would apply to firearms built, sold and kept in Alaska.

Critics denounced the bill as unconstitutional. They say it's a threat to Alaskans who act on the measure and face federal prosecution.

Prime sponsor Mike Kelly, R-Fairbanks, attracted 10 co-sponsors and said the bill is both a measure to allow manufacture of guns and a statement that Alaska intends to reclaim some of its rights. Alaska has seen rights eroded in the oversight of navigable waters, fish and game, and access to natural resources, Kelly said, but can reclaim rights guaranteed by the Second Amendment.

"We will handle the regulation of it," he said.

Kelly said the federal government has regulated firearms in part though the oversight of interstate commerce. The bill addresses that by exempting firearms, ammunition and firearm accessories that are manufactured and retained in the state. Guns and ammo that fit that criteria should be exempt from federal regulation, including registration, he said.


The bill says the Alaska attorney general may defend a gun manufacturer charged with violating federal law.

Critics said Alaska can't simply opt out of federal regulation but that Kelly's measure will give Alaskans that impression, making them susceptible to arrest if they build illegal guns.

Rep. Les Gara, D-Anchorage, said Alaska does not have firearm regulations in place and the bill proposes to exempt Alaskans from federal law that bans missiles with incendiary charges, bombs and grenades.

"We'll make Alaska the most dangerous state in the nation," he said.

The bill also proposes exemption from making armor-piercing ammunition, he said.

"That doesn't seem like a good idea for our law enforcement community," he said.

Rep. David Guttenberg, D-Fairbanks, said an Alaskan could act on the bill and face serious federal charges for building a machine gun or other illegal weapon.

"It doesn't set up a backstop for what happens to a person who gets prosecuted for this," Guttenberg said.

Kelly agreed Alaska may have to approve others gun regulations.

"Alaskans are quite capable of that, don't need help from the fed," he said.

He also said the legality of opting out of federal regulation likely could not be tested without some Alaskan manufacturing a weapon and landing in court.

"Only an idiot could read this and assume that they're totally protected if they go into the manufacturing business," he said.

The measure is a statement, he said, to a federal bully who has denied land use access to miners, trappers, guides and Alaskans trying to live a subsistence lifestyle.

"It's about time we stood up," he said. "When you do stand up to the bully, it causes you to sweat a bit and occasionally you get whupped. But I'm ready for the row."