Rep. Andy Josephson - I answer to you!

To all who were at the Anchorage Caucus on Saturday morning, thank you! Along with the other Anchorage legislators in attendance, I heard from 130 local Anchorage citizens. You were out in force on topics such as increasing school funding, capital projects requests, the local labor dispute, and school vouchers. I believe that whatever your issue, state or municipal, it is my duty as your elected official to listen to you and act on your behalf. It was inspiring to hear from so many local residents.

After the caucus meeting, I was able to meet with many of my friends and neighbors at Wendler Middle School for more great discussion. We heard from you on topics like oil and gas, Alaska Hire, school vouchers, and other subjects. Your words invigorated me and I have brought them back to Juneau. If there is anything else you would like me to know, or if we didn’t get a chance to speak, please call (800-465-4939 or 575-2639) or email (Rep.Andy.Josephson@akleg.gov) me at the office.

I support the right of Alaskans to keep and bear arms. In response to the tragic events that occurred in Newton, Connecticut and Aurora, Colorado, I know that as a nation we must enter into a conversation about how to protect our schools and public places and keep our children out of harm’s way.

As a national leader in exercising gun rights, Alaska should be at the forefront of this conversation. However, on Monday the legislature voted and passed House Bill 69, which would incarcerate federal agents for enforcing certain federal criminal firearms laws (which don’t even exist yet) enacted by this or a future Congress. Under federal law, arresting an FBI agent or other federal law enforcement officer for enforcing federal law is called “impeding” a federal official from the “performance of their official duties” (18 U.S.C. Sec. 111). HB 69 allows for arrest in connection to any new federal laws on “semiautomatic firearms, or a magazine or a firearm,” and those related to “registration” of firearms or firearms accessories. While I agree that we need to protect our 2nd Amendment rights, I would note that this bill is also a breach of the Supremacy Clause of the US Constitution, which says federal law overrides state law (in most cases).

In summary, HB69 is unconstitutional and subjects you to federal jail time if you follow the bill’s provisions. My priority will always be to protect your Second Amendment rights; however I am also committed to following the US Constitution as well as the State of Alaska’s Constitution, which is why I voted “No” on HB 69. Put simply, this bill asked me to violate the constitutional oath I took just 43 days ago. Because that is the most important obligation I have, I had to vote “no.”

Today, we heard House Joint Resolution 4, rebuking the administration for executive actions it has taken relative to guns and gun safety. While I believe Congress should “sign off” on any final gun laws (as is required by the Constitution, of course), some of the executive actions include things like: (1) “Developing a model-emergency response plan for schools, houses of worship and institutions of higher education”; and (2) “Providing law enforcement, first responders, and school officials with proper training for active shooter situations.”

Now, I had to ask myself…: why are these controversial? Because I could not figure out how, and because HJR4 was way over-the-top given the tragedy in Newtown, I felt the wise course was to also vote “No” on this measure. I did, however vote in favor of a “clean bill” on the 2nd Amendment, without all the rhetoric.

As always, if you have any questions or concerns please contact me on my personal cell phone which serves Midtown, University, and East Anchorage residents (575-2639) or on my office phone toll free at (800) 465-4939.