The Haines Borough Assembly on Tuesday postponed a resolution to make the town a “Second Amendment Sanctuary.” The vote to delay came after 45 minutes of discussion and an outpouring of public opposition.
The resolution expresses the borough’s intent to uphold the right to bear arms and oppose efforts to infringe on that right.
“The borough will not enforce, aid or assist in the enforcement of any laws, orders, rules or regulations past, present or future, which infringe upon the people’s right to keep and bear arms,” it reads.
Supporters said the resolution isn’t meant to divide the community—it’s simply an expression of support for the fundamental right to bear arms, which they worry has fallen in the crosshairs of the Biden administration.
“We’re just saying we’re not going to support efforts that are unconstitutional. And yep, at some point we might have to make a decision about that. But I think it’s pretty straightforward once you get to that point. I would rather be in a position to make that statement now, rather than when something happens and then we’re caught flatfooted not expecting it,” said assembly member Paul Rogers, who brought the resolution forward at the request of resident Mike Armour.
Rogers said in an interview Friday that he views the Second Amendment as the most important amendment.
“Without it, tyrants can do whatever they want in this country. Freedom of the press, freedom of religion, freedom to peacefully assemble, it all goes out the window if you have no ability to defend yourself,” he said. “The federal government is becoming more and more tyrannical. The president is passing executive orders infringing on rights. That’s why we need a groundswell of local municipalities saying, ‘We’re not putting up with this.’”
Some assembly members said they weren’t comfortable with the idea that they might one day be asked to determine the constitutionality of federal gun regulations.
“It is not my duty to decide what is and is not unconstitutional,” assembly member Caitie Kirby said.
Twelve of the 13 residents who testified at Tuesday’s meeting spoke in opposition to the measure, listing concerns that it misrepresents the feelings of the broader community, is a waste of time because it has no practical effect, and promotes division during a time when the community should be coming together in the wake of the Dec. 2 natural disaster.
“The Mayor and assembly members are elected officials who should be representing their constituents, as well as the best interest of the Haines Borough, and this resolution does neither,” said resident Liz Heywood. “Our Second Amendment rights are already protected in both the Constitution of the United States and the Constitution of the State of Alaska, and there is no reason for the borough assembly to even give time or consideration to this resolution.”
Assembly member Gabe Thomas noted that there is precedent for the assembly supporting issues opposed by the broader community, citing an assembly resolution passed in support of the 2018 Stand for Salmon initiative. He said he thinks at least half the town supports becoming a Second Amendment Sanctuary.
Both supporters and opponents Tuesday agreed that the resolution is likely to have little impact on the day-to-day lives of Haines residents if passed. State law says in most instances the borough has no authority to regulate firearms. It also prohibits, statewide, the use of local funds to aid in the implementation of federal laws that infringe upon an individual’s right to bear arms.
Opponents used this as an argument for why the resolution is unnecessary.
“Does this assembly really want to spend its time pushing our community to take sides on one of the most divisive issues in our country for purely political and symbolic reasons that hold no legal bearing whatsoever?” asked resident Aaron Davidman.
Supporters countered that the resolution’s lack of concrete effect should make it noncontroversial.
“I don’t look at this resolution as a threat. All it is, is the borough sticking up for Second Amendment rights,” assembly member Jerry Lapp said.
When Thomas asked how the borough resolution would differ from state law protecting the right to bear arms, Rogers said its primary purpose is to send a message to the federal government.
“It’s important… that we state at the lowest levels of government how we feel, as people, about these issues and that we do support the Second Amendment and that we do not want executive orders from the president’s office,” Rogers said.
During Friday’s interview, he said the resolution could have a concrete impact if the federal government imposes more strict gun control measures.
“If the federal government said we need to check on people in Haines because we think they’re in violation of federal laws or rules, we could say, ‘You can’t use our police or public resources. We’re not going to support you in this effort,’” he said.
Opponents expressed concern that doing as Rogers proposes would put the borough in conflict with the supremacy clause in the U.S. Constitution, which says federal law takes precedence over state and local laws.
Many who spoke in opposition at Tuesday’s meeting said they thought the issue would benefit from further discussion.
“It’s rushed,” resident Sara Chapell said. “There has not been adequate time for the public to digest the implications of this reactionary action.”
Rogers said he’s open to more discussion.
“In light of the fact that there are some people who feel that this is divisive and that they didn’t have a lot of notice, I would move that we put this on the agenda for… further discussion,” Rogers said.
In an interview Wednesday, he said work on the resolution first began sometime in late February or early March. A step in its drafting included soliciting feedback from borough attorney Brooks Chandler.
Assembly members voted 5-1 to postpone consideration of the resolution until the next regular meeting on May 11 to allow more time for the public to weigh in. Cheryl Stickler was the sole “no” vote.
If Haines passes the resolution, it will become the second municipality in Alaska to pass Second Amendment Sanctuary language. Last year, the Kenai Peninsula Borough Assembly passed an ordinance with language resembling that in Rogers’ resolution. Some local governments in states ranging from Nebraska to Wisconsin to Texas have adopted similar measures.
Resources to assist those interested in passing local Second Amendment Sanctuary resolutions are available online at gun advocacy websites like https://sanctuarycounties.com/. Rogers said he looked at the language in a number of resolutions before settling on a final draft. He said he tried to avoid language that was overly prescriptive.