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Alaska Bill exempts state from Federal firearms bans, criminalizes attempts at enforcement
http://legiscan.com/AK/text/HB69 ^ | 16 Jan 13 | Justin Giles

Posted on 01/17/2013 10:45:32 AM PST by SENTINEL

HOUSE BILL NO. 69
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-EIGHTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES CHENAULT, Millett, Johnson, Tammie Wilson
Introduced: 1/16/13
Referred:

A BILL

FOR AN ACT ENTITLED

1 "An Act exempting certain firearms and firearm accessories in this state from federal

2 regulation; providing criminal penalties for federal officials who enforce or attempt to

3 enforce a federal law, regulation, rule, or order regulating certain firearms and firearm

4 accessories in this state; and providing for an effective date."

5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6 * Section 1. AS 44.99.500(a) is amended to read:

7 (a) A personal firearm, a firearm accessory, or ammunition that is possessed

8 in this state or manufactured commercially or privately in this state and that remains

9 in the state is not subject to federal law or federal regulation, including registration,

10 under the authority of the United States Congress to regulate interstate commerce as

11 those items have not traveled in interstate commerce.

12 * Sec. 2. AS 44.99.500(b) is amended to read:

13 (b) This section applies to a firearm, a firearm accessory, or ammunition that

14 is possessed in this state or manufactured in this state from basic materials and that

1 can be manufactured without the inclusion of any significant parts imported from

2 another state. Generic and insignificant parts that have other manufacturing or

3 consumer product applications are not firearms, firearm accessories, or ammunition,

4 and their importation into this state and incorporation into a firearm, a firearm

5 accessory, or ammunition manufactured in this state does not subject the firearm,

6 firearm accessory, or ammunition to federal regulation. Basic materials, such as

7 unmachined steel and unshaped wood, are not firearms, firearm accessories, or

8 ammunition and are not subject to congressional authority to regulate firearms, firearm

9 accessories, and ammunition under interstate commerce as if they were actually

10 firearms, firearm accessories, or ammunition. The authority of the United States

11 Congress to regulate interstate commerce in basic materials does not include authority

12 to regulate firearms, firearm accessories, and ammunition possessed in this state or

13 made in this state from those materials. Firearm accessories that are imported into this

14 state from another state and that are subject to federal regulation as being in interstate

15 commerce do not subject a firearm to federal regulation under interstate commerce

16 because they are attached to or used in conjunction with a firearm in this state.

17 * Sec. 3. AS 44.99.500(d) is amended to read:

18 (d)The attorney general may defend a citizen of this state who is prosecuted

19 by the government of the United States under the congressional power to regulate

20 interstate commerce for violation of a federal law concerning the manufacture, sale,

21 transfer, or possession of a firearm, a firearm accessory, or ammunition possessed in

22 this state or manufactured and retained within this state.

23 * Sec. 4. AS 44.99.500 is amended by adding new subsections to read:

24 (f) A federal statute, regulation, rule, or order enacted or effective on or after

25 the effective date of this Act is unenforceable in this state if the federal statute,

26 regulation, rule, or order attempts to

27 (1) ban or restrict ownership of a semiautomatic firearm or a magazine

28 of a firearm; or

29 (2) require a firearm, magazine, or other firearm accessory to be

30 registered.

31 (g) An official, agent, or employee of the federal government who enforces or

1 attempts to enforce a federal statute, regulation, rule, or order that is unenforceable

2 under (f) of this section is guilty of a class B misdemeanor and may be punished as

3 provided in AS 12.55.

4 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).


TOPICS: News/Current Events
KEYWORDS: akhb69; banglist; guncontrol; secondamendment; statesrightsalaska; styg
STICK TO YOUR GUNS
1 posted on 01/17/2013 10:45:41 AM PST by SENTINEL
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To: SENTINEL; Travis McGee; 2ndDivisionVet

Please forward.


2 posted on 01/17/2013 10:47:28 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: SENTINEL

More than one way to skin a commie - at the state level.


3 posted on 01/17/2013 10:57:30 AM PST by jersey117
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To: SENTINEL

This is one of many reasons why I want to move to Alaska.


4 posted on 01/17/2013 11:00:06 AM PST by notpoliticallycorewrecked (Our military does not kill babies, those that commit abortion kill babies.)
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To: jersey117
"The Alaska Misdemeanor charges for Class B also involve going to jail for about the period of six months or paying the equivalent amount of $1,000. this price can also be lesser depending on the particular offence committed."

The right to self defense in Alaska, on one's own property, against someone committing a crime is virtually unrestricted.

5 posted on 01/17/2013 11:02:24 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: SENTINEL

http://www.adn.com/2013/01/16/2755382/federal-agents-would-face-arrest.html

Making the news


6 posted on 01/17/2013 11:03:52 AM PST by HollyB
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To: notpoliticallycorewrecked

Come on up! :-)


7 posted on 01/17/2013 11:06:54 AM PST by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: SENTINEL

Between this and the pot issue, we may just fix our fed govt problem!


8 posted on 01/17/2013 11:07:14 AM PST by stuartcr ("I upraded my moral compass to a GPS, to keep up with the times.")
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To: SENTINEL
It has to be passed, then it has to stand up to the “sure-thing” decision that it is “unconstitutional.”

We are long past using law to stop oppression.

9 posted on 01/17/2013 11:07:32 AM PST by Wordkraft (Remember who the Collaborators are.)
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To: Wordkraft

I agree with you, but it is good to see some legislative push-back.


10 posted on 01/17/2013 11:10:53 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: SENTINEL
How quick will this go through? I'm sure Parnell will sign??

In the past there have been fed regulations that Parnell has refused to enforce.

Parnell has always been bought & Paid for by Big OIl, but ya have to support Parnell because he does do the right thing on many issues.

Out here in the rural areas, everybody has & hunts with old military rifles. Nothing better than the 6.8 around my neck on a 2 point cross country on the snowmachine.

11 posted on 01/17/2013 11:12:38 AM PST by Eska
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To: SENTINEL
Two reasons why Alaskans need their guns:


12 posted on 01/17/2013 11:14:48 AM PST by Slyfox (The key to Marxism is medicine - V. Lenin)
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To: SENTINEL

And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?


13 posted on 01/17/2013 11:17:18 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: SENTINEL

Will other states be protected by the EQUAL PROTECTION clause ?


14 posted on 01/17/2013 11:18:03 AM PST by Lionheartusa1 (-: Socialism & Communism are the equal distribution of misery :-)
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To: SENTINEL

Will other states be protected against a ban by the EQUAL PROTECTION clause ?


15 posted on 01/17/2013 11:19:35 AM PST by Lionheartusa1 (-: Socialism & Communism are the equal distribution of misery :-)
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To: PapaBear3625

I want to see lawmakers have the guts to call Obama out for not enforcing immigration law and supporting “sanctuary cities” if he tries to get tough about this. At least we have the Constitution on our side, his non-enforcement of immigration law doesn’t. In fact, it would be great if we started talking about “sanctuary states” for supporters of the Second Aendment.


16 posted on 01/17/2013 11:23:19 AM PST by mrsmel (One Who Can See)
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To: PapaBear3625
"And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?

Could get very interesting very quickly.

17 posted on 01/17/2013 11:24:38 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: PapaBear3625
And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?

You mean by 1 or 2 of the less than 15 or 20 US Marshal's in the whole state of Alaska? The US Marshal Service isn't an army, there's less than 4,000 in the whole US and territories and I'm going to bet 99% of them are going to be in the lower 48 busier with other crap to do.

It's the same as local police trying to enforce unconstitutional laws.....if they try, it's going to get their already small numbers even smaller.
18 posted on 01/17/2013 11:31:00 AM PST by brent13a
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To: brent13a
Put another way, how many local law enforcement officials would be willing to arrest a federal officer, knowing that laying hands on him subjects them to between 8 and 20 years in federal prison under 18 USC 111?
19 posted on 01/17/2013 11:43:51 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: SENTINEL

I have already lost count on how many states have done this, how many have introduced bills, etc. It is happening fast, however. The reaction time of Republican legislatures and governors is getting very fast.


20 posted on 01/17/2013 11:44:44 AM PST by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: SENTINEL

I wish this worked but the federal government will just withhold their state “welfare” and they will crumble and adopt whatever the federal government says. Arizona did this and the federal government held highway funds and the immediately buckled and said, “we surrender, give us our money”.


21 posted on 01/17/2013 11:47:38 AM PST by napscoordinator (GOP Candidate 2020 - "Bloomberg 2020 - We vote for whatever crap the GOP puts in front of us.")
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To: brent13a

Holder don’t realize Alaskans think about the Feds bout the same way Donny Young does. They fired the last two Fed park cops that were here at Yukon Charlie 2 years back.

This bill just came out and has to work it’s way through. I doubt that anybody in Alaska would oppose this. There is a site to track a bill’s progress in the Ak Legislature, but probably not much on there yet I would think.


22 posted on 01/17/2013 11:50:57 AM PST by Eska
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To: jersey117

>Alaska Bill exempts state from Federal firearms bans, criminalizes attempts at enforcement<

.
Alright Texas, follow suit.


23 posted on 01/17/2013 11:53:23 AM PST by 353FMG ( I refuse to specify whether I am serious or sarcastic -- I respect FReepers too much.)
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To: SENTINEL

Excellent plan.


24 posted on 01/17/2013 11:55:37 AM PST by unique3
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To: PapaBear3625
And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?

Alaska is a long way off ... there are about 4500 'sworn agent' members of the US Marshals service. Some of them will tell Barry Hussein to GFH.

Alaska is a long way off ... there are about 14,000 'sworn agent' employees. Some of them will tell Barry Hussein to GFH.

Other FLEA are smaller.

Can Fedzilla really send all its Federal Law Enforcement Agents (the ones who haven't told Barry Hussein to GFH) to Alaska to enforce a gun-grab? What will happen in the lower 48?

This could get really interesting.

25 posted on 01/17/2013 12:03:07 PM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: SENTINEL

Government IS the problem but we have too many stupid people in this country to do anything about it.

From the Virginia Tech, Ft. Hood, .......Aurora Theater, Sandy Hook blah, blah blah, shootings up to today the government and their control over the mental health care industry have failed 100% to keep deranged individuals from injuring the public.

Government grade = F

Government has made sure certain public spaces criminal only gun zones.

Government grade = F

Government has made sure only those with ill intent are armed on planes.

Government grade = F

Government destroyed the 2nd Amendment by the very first violation of “SHALL NOT BE INFRINGED” as any law infringes on our rights.

Government grade = F

How many things does government have to fail at before we reach our Thomas Jefferson moment in time? I gather, most have no clue and the government is depending on that lack of a line in the sand.


26 posted on 01/17/2013 12:07:38 PM PST by Wurlitzer (Nothing says "ignorance" like Islam!)
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To: SENTINEL

There is a lot of this going around. Think this will pass in AK? (I’m thinking yes)

Which other states have similar legislation pending?


27 posted on 01/17/2013 12:15:25 PM PST by Chuckster (The longer I live the less I care about what you think.)
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To: hattend

We are looking to relocate to Ketchikan or Juneau.


28 posted on 01/17/2013 12:21:26 PM PST by notpoliticallycorewrecked (Our military does not kill babies, those that commit abortion kill babies.)
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To: PapaBear3625
Put another way, how many local law enforcement officials would be willing to arrest a federal officer, knowing that laying hands on him subjects them to between 8 and 20 years in federal prison under 18 USC 111?

I'm never quite sure why people are certain that the local PD is automatically subordinate to the local FBI office or any variation of that thinking.
Chiefs, Sheriffs, and such would simply back up their officers and deputies when the feds roll in to town and tell the feds "Go do what you gotta do, we'll be right here."
The local law enforcement doesn't HAVE to assist the Feds nor would local law enforcement have to go hands-on and arrest them.
It would simply come down to the police not backing up the Feds in their unconstitutional goings-on.
Police serve at the behest of their cities and are authorized by their state, and Deputies serve at the behest of their counties and are authorized by the state. Neither Police nor Deputies enforce Federal Law, they enforce State Law and therefore are not subordinate too nor answer too Federal Law Enforcement....unless it involves a Federal case and their chain of command authorizes cooperation.
29 posted on 01/17/2013 12:32:40 PM PST by brent13a
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To: ArrogantBustard
Alaska is a long way off ... there are about 4500 'sworn agent' members of the US Marshals service. Some of them will tell Barry Hussein to GFH.
Alaska is a long way off ... there are about 14,000 'sworn agent' employees. Some of them will tell Barry Hussein to GFH.
Other FLEA are smaller.
Can Fedzilla really send all its Federal Law Enforcement Agents (the ones who haven't told Barry Hussein to GFH) to Alaska to enforce a gun-grab? What will happen in the lower 48?


Oh, come on now! This logical line of thinking doesn't placate the conspiracy theorists' thirst for illogical conspiracy.
You have to agree with them that the US Gov't has all the logistics to forcefully take over and maintain absolute control over every single village, town, county, and person within the whole United States.
30 posted on 01/17/2013 12:37:59 PM PST by brent13a
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To: brent13a
... US Gov't has all the logistics to forcefully take over and maintain absolute control ...

Right ... the numbers don't really add up. The bastards might well try, and they might include attempting to deputize State and Local LEO ... some of whom will say "GFY". It could get really interesting; Fedzilla doesn't hold all the cards.

31 posted on 01/17/2013 12:45:54 PM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: notpoliticallycorewrecked

Haven’t been to either city although I have heard Juneau is North Seattle.

But...come on up! :-) We need every conservative we can get!


32 posted on 01/17/2013 12:54:55 PM PST by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: SENTINEL

This is in the best interests of federal agents. Better 6 months in jail than 6 feet under.


33 posted on 01/17/2013 1:58:08 PM PST by TheDon (Criminalizing self defense contributed to the Sandy Hook massacre.)
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To: ArrogantBustard
... the numbers don't really add up.

When the Allied Forces in WWII had moderate control of Europe they were supported by the WHOLE Industrial might of the United States and it took the most massive amounts of effort from most of the populace working, to the rest rationing back their intake, and even having kids go around getting scrap metal for the "war effort".
The conspiracy theorists who think that the US Government has the ability to logistically support a "tyrannical take over" of the whole country are idiots.
The peoples of the USA (at least 55% of them) would both say GFY and fight back. There would be no WWII style industrial complex to support a "take over". Stashed stockpiles might last weeks but the logistical aspect of such a thing means that it would never be successful.
Whats a more likely scenario than country-wide martial law and civilian extermination?
Answer: A simple coup/overthrow of a tyrannical government. Ultimately an unconstitutional presidency would fail to have ultimate control and a large portion of free representatives, backed by a large portion of the US Military, would simply walk into the capitol/white house and oust the unconstitutional president and cabinet....etc etc.
THAT, would happen before the whole USA was over ran by storm troopers.
34 posted on 01/17/2013 2:13:43 PM PST by brent13a
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To: Chuckster

Pennsylvania is doing this also.


35 posted on 01/17/2013 2:28:56 PM PST by patriotsblood
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To: ArrogantBustard
Local and even Federal LEOs are citizens of the areas they have jurisdiction in. They live there.

I don't think Idaho would tolerate another Ruby Ridge, nor Texas another Waco...and those responses would be much more than grass roots. Sherriffs in various locales have already made this clear.

The sad thing is there are big cities and other states even that would invite in Federal tyranny.

36 posted on 01/17/2013 2:31:41 PM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: SENTINEL
Sherriffs in various locales have already made this clear.

Some have, yes. And some police chiefs have made quite clear that they will enforce any and all gun-grabs. The vast majority have said nothing at all. Not in public, anyway. I can't say that I blame them ... but I am grateful for those who have said they will tell Fedzilla to GFO.

What I am far more interested in is what the rank-and file agents and officers will do. Some will say GFY (and actively resist), some will get the blue-flu, some will enthusiastically carry out the orders of The Emperor. This applies at all levels. I think we would be foolish to under-estimate the percentage of patriots in Federal agencies, and foolish to overestimate the percentage of patriots in state and local agencies.

37 posted on 01/17/2013 2:47:17 PM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: SENTINEL; Kathy in Alaska; HiJinx; AZamericonnie

Obumer will like this as much as he did AZ SB-1070.


38 posted on 01/17/2013 2:52:49 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: brent13a; ArrogantBustard
Brent I wrote this a few weeks back. I researched what I could, based some things on history, and used some opinion based on my experience and little 'inside' information that have. Arrogant and I went back and forth some on the thread, but I think this lays an argument of high numeric superiority on our behalf. As arrogant points out we will sustain a massive psyops and propaganda attack which has already begun. Technological and organizationally they have us outmatched, at least intitially.

After some thought on his warnings about this propaganda problem, I do think it will have an effect on many of the non-veteran ranks. The mind requires hardening, that's why we have Marine Corps Boot Camp and Ranger School as just two examples.

What I take from things like this Alaska bill, whether it gets passed and enforced or not, are the levels of resistance the oathbreaking ranks among the Feds are likely to encounter. The writers and signers of bills have things like national guard troops under their command. They are privy to information that if leaked could counter disarmament attacks etc. The split I describe "STICK TO YOUR GUNS" is already showing it's head after only two weeks. Panetta addressing the troops shows they know and are worried about this.

STICK TO YOUR GUNS

39 posted on 01/17/2013 3:00:42 PM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: ArrogantBustard
"Some will say GFY (and actively resist), some will get the blue-flu, some will enthusiastically carry out the orders of The Emperor."

I think you have missed the most important type, the Fed or Local cop that finds out his neighbor buddy is going to be raided on trumped up charges and makes a little phone call. One guy like that can counter a 100 man raiding force....and if it's just to arrange an escape there's not much risk to the guy making it more likely he'll do it.

The fact that we work amongst them and they live amongst us is a element that needs to be taken into account.

40 posted on 01/17/2013 3:08:45 PM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: PapaBear3625
And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?

I see these states deputizing the local citizenry en mass. Plenty of us that would back our local boys.

41 posted on 01/17/2013 3:46:21 PM PST by TangoLimaSierra (To the left the truth looks like Right-Wing extremism.)
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To: SENTINEL
You sure got that right in the villages & rural areas. Local VPSO's haven't been enforcing many fed regs for years; especially when it comes to second amendment issues.

People that don't even like each other, will help each other if the hated feds come to town.

42 posted on 01/17/2013 10:55:06 PM PST by Eska
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To: brent13a
Police serve at the behest of their cities and are authorized by their state, and Deputies serve at the behest of their counties and are authorized by the state. Neither Police nor Deputies enforce Federal Law, they enforce State Law and therefore are not subordinate too nor answer too Federal Law Enforcement....unless it involves a Federal case and their chain of command authorizes cooperation.

That was before federal law enforcement grant money became a significant part of the local police budget -- money that can be cancelled if cooperation is not given.

43 posted on 01/18/2013 5:16:43 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: SENTINEL; brent13a
we will sustain a massive psyops and propaganda attack which has already begun.

And it's a really nasty one. I had occasion a day or two ago to be looking at political cartoons via 'bing' ... the leftist cartoonists in Big Media are depicting the NRA dripping with blood, and gun owners as wild-eyed lunatics. Check it out. It's no different in its vile falseness or its sheer viciousness from National Socialist depictions of Jews in the 1930s. In fact, digging up and printing a handful of anti-semitic NAZI cartoons might be useful, for comparison purposes.

I don't own a newspaper, I can't publish cartoons. I can counter it in conversation with friends, neighbors, coworkers ... paint the Big Media - Big Government Axis as the ones who just love dead kids. They, after all, are the ones who won't support armed defense of kids in school. The recent NRA ad is perfect in that regard.

After some thought on his warnings about this propaganda problem, I do think it will have an effect on many of the non-veteran ranks.

It will affect all of us, in different ways. The BM/BG Axis will not present its actions as "evil tyrants suppressing the human rights of innocent citizens". (Duh!) They will be 'bringing scofflaws to justice', or 'getting dangerous lunatics off the street', or 'breaking up domestic terrorist cells'. How many times have we seen a news report of some nutjob 'barricaded in his house', 'holding his children hostage', having a 'standoff with police'? Most of the time, it really is a nutjob ... but that's how tyrants will paint patriots. Patriots absolutely MUST develop channels to get the truth out under, over, or around Big Media.

What I take from things like this Alaska bill, whether it gets passed and enforced or not, are the levels of resistance the oathbreaking ranks among the Feds are likely to encounter.

I agree. (Surprised?) The level of resistance will certainly vary by state and region. I know some folks in a neighboring state's National Guard. They have no problem being called out to deal with natural disasters ... I think if they were called out to assist with gun-grabs under the guise of riot control, many of them would simply not show up. I am much less confident about some other NG units ... We have also seen some police chiefs express intent to support a gun-grab. What the rank-and-file will do is not as clear.

The fact that we work amongst them and they live amongst us is a element that needs to be taken into account.

Yes, that is certainly true.

44 posted on 01/18/2013 7:17:39 AM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: SENTINEL
Alaska Bill exempts state from Federal firearms bans, criminalizes attempts at enforcement

Many thanks to Alaska Bill for the good job he is doing!

(Well, it was just sitting there, waiting to be said. Kinduv like Roger Rabbit and "TWOOOO BITTTTTS!!!")
45 posted on 01/18/2013 7:27:30 AM PST by Resettozero
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To: PapaBear3625
That was before federal law enforcement grant money became a significant part of the local police budget -- money that can be cancelled if cooperation is not given.

That affects huge departments in big cities but that doesn't affect the bulk and majority of local law enforcement which is comprised of medium-to-small town's departments and the bulk of counties that don't have millions of people.
Also, I'm not sure what exactly you think these law enforcement grants are for......mainly 1 time equipment buying.
The Feds do NOT have a stranglehold on law enforcement departments (save for huge ones) like they do on whole States.
46 posted on 01/18/2013 12:02:03 PM PST by brent13a
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