SB174 | An Open Letter to the Alaska House Judiciary Committee

Ladies and Gentlemen,

I apparently (and unfortunately) missed the discussion in the House (and Senate) education committees on the intersection of SB174 and the Gun Free School Zones Act of 1990 as amended by theScreen Shot 2016-04-12 at 7.47.50 AM Omnibus Crime Control and Safe Streets Act of 1968 (and interpreted by the 9th Circuit).

As I read the Act, it would prohibit firearms, for example, in most of UAA’s West Campus (in as much as UAA property is not “private” property and lies within 1000 feet of a series of public schools (Lake Otis Elementary and KCC).

It seems pretty clear that there needs to be an extended fiscal note to address the full and true cost of this legislation, from the hundreds of thousands the Legislative Council would have to spend to attempt to challenge the federal Act, to the hundreds of thousands that the University system has indicated it will take to implement the Bill (should it be adopted over the objections of the UA system.)

Of course, there are other questions besides those of a pecuniary nature. For example, how will UA students know when they are in a Gun Free School Zone, and what might happen when Law Enforcement attempts to apprehend a person on UA campus in possession of a firearm within such a School Zone. Is the Legislature going to try and bar APD, AST, and the FBI from enforcing federal law on UA property? And how would the legislature actually manage that. Of course, it gets messier by the minute, because with a right to stand one’s ground and make a citizen’s arrest, it is only a matter of time before we have a shoot-out on West Campus, with stray bullets whizzing through elementary classroom windows. Yes, I am sure that all those Lake Otis students will feel much safe with the adoption of SB174 (though I am concerned that some unpatriotic bozos might well try to set up a defensive perimeter at the extent of the Gun Free School Zone and man that perimeter with armed guards – some people!)

While I do understand that the House majority is willing to invest time and energy in any proposition that avoids addressing the critical need to adopt at least a 15% nominal top rate graduated income tax, I am sure that in your eagerness to promote your legislative agenda you will, as always, act diligently, rationally and deliberately to address ALL the ramifications of such legislation, and, in the event that you don’t manage that, at least make it clear how you are going to fund both sides of the extended litigation and havoc you will otherwise be creating.

Marc Grober

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