Alaska State Senator Introduces Preemption Bill Aimed at University of Alaska

Long-time readers may remember that I wrote here about the University of Alaska at Anchorage establishing their own regulations for when and where firearms (and now knives) may be carried on campus. In a nutshell, they declared the entire campus off-limits to firearms.

Our State constitution declares "Constitutional carry" the law of the State, and contains a preemption clause. For those who may not know, that means that no local government, village or whatever may enact laws or statutes more restrictive than the State constitution in the matter of firearms.

That's not been good enough for UAA, so they erected signs, a few years ago, prohibiting firearms on campus. Period.

Except they can't do that. State law allows them to put up signs on structures which prohibit carrying inside, but outside?

No.

Now State Senator John Coghill (R - Fairbanks) has introduced SB 176, specifically prohibiting the University from doing that. The bill may be reviewed here. I love this part: "the individual right to keep and bear arms is a constitutionally protected right under art. I, sec. 19, Constitution of the State of Alaska, and may not be abridged by the Board of Regents of the University of Alaska."

Heh.

Self-Defense, Bears, and Volcanoes

There's an article in this morning's paper about the recent change to our self-defense laws, which provided the right to defend yourself in "any place a person has a right to be".

Of course, the assorted media wonks christened it "Alaska's stand your ground law".

The article wobbles between a reasonable accounting of what it actually means and oh-my-god-we're-all-gonna-die-in-a-hail-of-bullets. This struck me as a bit strange, given the article's byline is Fairbanks ... until I saw that it's from the Associated Press.

So ... probably not an Alaskan 'reporter'. Never mind, then.

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Anchorage is seeing an upswing in the number of black bears wandering through residential neighborhoods.

ANCHORAGE - Alaska is bear country, so chances are you are going to see one. But what you don't want to see is a bear in your yard or even in your house. The Alaska Department of Fish and Game have been seeing an uptick in that type of black bear behavior these last few weeks.

"I saw three just yesterday. I was mowing up on the hill," said Rick Cramer, general manager of the Hilltop Ski Area. "They belong in the woods. We are the visitors so we need to make sure we don't scare them. We don't leave food for them."

... "Our conflicts revolve around black bears and trash that's been stored inappropriately or left out negligently around people's houses or businesses," said Jessy Coltrane, a biologist with the Alaska Department of Fish and Game.

 Read the whole article with a video at the link.

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Those of you interested in volcanoes and plate tectonics may be interested to see the video, here, on "How Volcanoes Shaped (Alaska)".

A Bit More About That "No Plea Deals" Law

The plot thickens a bit.

It seems the attorneys were getting together & deciding what punishment the defendants would face, before going before a judge to announce what lesser offense they'd accept.

Here's the money quote, from a report by KTUU Channel 2 in Anchorage:

According to an annual report by the Alaska Court System, 90.1 percent of felony cases ended with a plea bargain of some sort.

This puts the decisions back in the hands of the judges. It doesn't change the sentencing laws nor the penalties already on the books.

So how do I know it's a probably the right way to go? This morning's news has interviews with attorneys bemoaning the fact that they'll have to "put in more hours of preparation."

So ... they'll have to earn their fees?  All together now: awww.

This Is a Good Idea

From the Anchorage Daily News:

State prosecutors will no longer negotiate plea deals for lesser sentences for Alaskans accused of serious crimes and domestic violence, the Alaska Department of Law said Tuesday.

The change of policy, which took effect Tuesday, bars plea bargains involving sentences for the most serious classes of felony cases, as well as all cases involving sexual assault, sexual abuse of a minor and domestic violence, said deputy attorney general Richard Svobodny.

I thoroughly endorse this move on the State's part. Despite the high rate of recidivism, most perpetrators of the crimes described above are back on the streets quickly after a conviction. There, they're free to do it all over again, obviously not fearing another slap on the wrist.

"No more plea bargains" means those convicted will fact stiffer sentences - and that's a Very Good Thing.

Alaska's Self-Defense Law

There's a good article here on Alaska's self-defense statute, and the impact that the recent changes may have.

Excerpt:

Alaska currently has laws protecting an individual's right to "shoot to kill" while at home, at work, and while protecting loved ones. But House Bill 24, written by Rep. Mike Neuman (R-Big Lake/Point McKenzie), adds a simple sentence to the law that extends the right to use lethal force in self-defense “in any other place where the person has a right to be.”

One Anchorage gun owner said Tuesday she feels the new laws are simply an affirmation of her second amendment rights.

“For me as a lawful gun owner, as someone who believes in defense, it helps me protect myself and those I love,” said Sarah Spindler.

As a thinking adult, I take exception to phrasing our innate human right to defend ourselves against deadly force as "an individual's right to 'shoot to kill'". That inflammatory rhetoric is misplaced, especially now.  But overall, the article is fair & balanced.

Read the whole thing & let me know what you think.

Alaska Legislative Update

Last week, the Alaska Legislature sent three bills of interest to the Governor's office, for signature into law.

A modification to the self-defense law. The law includes a list of places (like one's residence or place of work) where a person is exempt from the duty to retreat. HB 24 adds the phrase, "or in any other place where the person has a right to be."

An act prohibiting State or municipal agencies from using assets to implement any Federal regulations which would infringe on the Second Amendment to the U.S. Constitution.

An act giving the Alaska Attorney General the authority to review federal Executive Orders for compliance with the U.S. Constitution, and authorizing the A.G. to recommend to the State Legislature that any such orders be countermanded, and that the A.G. can sue the Federal government to block such orders.

Alaska Knife Rights Bill Advances

From www.kniferights.org:

February 15, 2012: Today Knife Rights Director of Legislative Affairs, Todd Rathner, testified at a hearing of the Alaska House Judiciary Committee on HB55 "Definitions of Gravity Knives and Switchblades" referred to by sponsor Rep. Mark Neuman as the "Knife Rights Bill," which would clarify state law on the subject of assisted-opening and one-hand opening knives to ensure they are not considered gravity knives or switchblades, currently banned under Alaska statute. At Knife Rights' request, the bill was amended to include Knife Law Preemption. HB55 advanced out of committee with a unanimous vote.

If you live, work or travel in Alaska, please contact your Representative and ask him or her to vote in support of HB55. Click here to locate your legislator, or the legislator who represents where you work or travel.