Members of the Alaska Legislature are seeking to enact legislation that would nullify unconstitutional any federal “red flag” firearm confiscation laws or orders.
House Bill No. 209 (HB 209), titled the “Anti Red Flag Act,” is sponsored by Representative David Eastman (R-Wasilla). If enacted, it would nullify any federal “red flag” laws or orders.
The proposed bill text states, in part:
(b) A federal statute, rule, or executive order or federal or state judicial order that has the effect of forcing an extreme risk protective order or ex parte extreme risk protective order against a resident of the state, which would infringe the resident’s constitutional rights, including the right to keep and bear arms and the right of freedom of speech, is unenforceable and of no effect in the state.
(c) A state agency or political subdivision of the state may not accept federal grant funding to implement a federal statute, rule, or executive order or federal or state judicial order that has the effect of enforcing an extreme risk protective order against a resident of the state.
If enacted, HB 209 would be a major step toward nullifying unconstitutional federal actions and preventing Americans’ liberties from being infringed. Additionally, it is an excellent application of Article VI of the U.S. Constitution, which states “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.”
Since the various forms of infringement outlined in HB 209 violate the U.S. Constitution, they cannot be considered “made in Pursuance thereof” and, thus, are not “the supreme Law of the Land.” Unfortunately, in the last several decades, thousands of unconstitutional laws on the federal, state, and even local levels have been created and enforced.
Because of this, it is imperative that officials at all levels of government push back against this lawless regime and robustly enforce the Constitution and only those laws “made in Pursuance thereof.” The above bills are excellent models for other states to follow.
Urge your state representative and senator to support HB 209, and to push back against all other unconstitutional gun-control laws or measures at every level of government.
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