120105-presser-4340

Alaska Goes Tenther: Governor Signs HB 69 to Nullify NDAA Indefinite Detention,Federal Gun Laws, and REAL ID Act

“The Tenth Amendment to the Constitution of the United States  guarantees to the states and their people all powers not granted to the federal  government elsewhere in the constitution and reserves to the state and people of  Alaska certain powers as they were intended at the time that Alaska was admitted to  statehood in 1959; the guaranty of those powers is a matter of contract between the state and people of Alaska and the United States as of the time that the compact with the United States was agreed to and adopted by Alaska and the United States in 1959….” -SECTION 1 (2B)

Following the hard work of Alaskans, the legislature, and Americans around the country, and with one swift signature from Alaskan Governor Sean Parnell, HB 69 has:

  1. Made Alaska the second state to successfully complete the nullification of the national defense authorization act’s sections 1021 and 1022
  2. Declared tyrannical federal gun laws infringing upon the 2nd amendment enumerated Rights unenforceable and unconstitutional, including barring any state resources or participation
  3. Stopped and forbidden any participation or implementation of the REAL ID Act / National ID program

“The harder the conflict, the more glorious the triumph” -Thomas Paine 

The signed legislation, Alaska HB 69, which is now officially law, is summarized:

“Prohibiting state and municipal agencies from using assets to implement or aid in theimplementation of the requirements of certain federal statutes, regulations, rules, and orders  that are applied to infringe on a person’s right to bear arms or right to due process or that  implement or aid in the implementation of the federal REAL ID Act of 2005; exempting  certain firearms, firearm accessories, and ammunition in this state from federal regulation;  declaring certain federal statutes, regulations, rules, and orders unconstitutional under the  Constitution of the United States and unenforceable in this state; requiring the attorney  general to file any legal action to prevent implementation of a federal statute, regulation, rule, or order that violates the rights of a resident of the state; and providing for an effective date.”

The new Alaskan law forbids the use of any state resources or employees to enforce NDAA’s sections 1021 and 1022, which Unconstitutionally authorized the executive power to arrest and imprison Americans indefinitely and without due process, and authorized the executive branch to utilize the military to arrest Americans in violation of the Section 1, Article 9, enumerated Right to a writ of Habeas Corpous, among at-least 5 enumerated Rights within the Bill of Rights. The text you should surely note is that NDAA section 1022 does not say Americans must be arrested by the military, but instead says that they are not required to be arrested by the military.

NDAA Section 1021:

“Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force . . . includes the authority for the Armed Forces of the United States to detain covered persons . . . pending disposition under the law of war.”

NDAA Section 1022:

“…The requirement to detain a person in military custody under this section does not extend to citizens of the United States.”

No worries here folks, the federal government isn’t required to violate your Rights in the process of violating your Rights, so everything is fine, because government would never utilize more power for its pursuit of tyranny if it isn’t explicitly required to do so…excluding the last 200+ years…

And since the feds never planned on using these sections, or so they’ve claimed, Alaska has actually helped make the American system of law-or whatever it has become now-more efficient, by blockading the federal enforcement of these sections.

As Jefferson claimed within the Kentucky Resolution, States  ”have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights and liberties, appertaining to them.”

In that same spirit, Alaska HB 69 declares Alaska’s agreement with the federal government subject to its agreement with Alaskan residents and oath to protect the 2nd amendment enumerated Right to bear arms:

“A personal firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured commercially or privately in this state and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.” -Section 3(a)

In relation to gun law, HB 69 effectively:

  • forbids any state participation in federal laws violating the 2nd amendment
  • clarifies that any assumed powers by the federal government in relation to intrastate commerce does not include the regulation, registration, or confiscation of Alaskan firearms, ammunition, and related parts and accessories
  • lists the direct violations of the 2nd, 9th, and 10th amendments by the federal gun prohibition agenda
  • Compels the Alaskan Attorney General to take necessary legal action to prevent implementation of Unconstitutional federal statutes and laws

And finally, with great timing, as Congress pretends to debate passing a massive spending bill somewhat related to immigration but more related to funding a police state and the accompanying agencies and regulations, Alaska’s HB 69 nullifies the REAL ID Act of 2005, which as the Tenth Amendment Center graciously pointed out, is technically the law of the land, but due to resistance, has not been enforced:

“A state or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation
of a requirement of An order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the Constitution  of the State of Alaska or the Constitution of the United States; or REAL ID Act of 2005″

Legislation striking down three groups of tyrannical federal laws may be common in house or senate bills that don’t make it past the committees or one majority leader, but what Alaska just did was convince their governor to literally stop and forbid any state resources funding these programs, make a legal and public statement on the recognition of Constitutionally-enumerated Rights, and employ state resources such as the Attorney General to instead be used to defend Alaskans and their Rights, instead of assist the feds in attacking them, all the while accomplishing a large step in a “first-investors” situation that will only motivate more and more states to pass similar legislation, now that Virginia and Alaska are the first-invested.

Congratulations Alaskans!

The courageous Alaskan State Representatives and Senators who sponsored the HB 69 legislation can be thanked through the legislature’s website and are as follows:

  • REPRESENTATIVE(S): Chenault, Millett, Johnson, T.Wilson, Hawker, Olson, Feige, P.Wilson, Thompson, Keller, Gattis, Lynn, Saddler, Higgins, LeDoux, Foster, Hughes, Stoltze, Reinbold, Tuck, Neuman, Isaacson
  • SENATOR(S): Giessel, Meyer, Micciche

You can contact and thank Governor Parnell HERE

Find out how the Tenth Amendment Center can help your state accomplish what Virginia and Alaska have. 

Ahmed Serag

21 comments

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