First, this is a tragedy. In a small community like Talkeetna I'm sure that the waves from this will reverberate for some time. I just wanted to briefly respond to some of the comments I saw on these stories.
zidarIt is worth pointing out that Mr. Clark likely violated numerous firearms laws prior to pulling the trigger. Per AS 11.61.220 (Misconduct Involving Weapons V), possession of a firearm in a bar is illegal, even if you are not drinking. Additionally, if Mr. Clark was intoxicated, then that's another MIW charge. And if he had a history of mental illness, domestic violence, a felony conviction, or any other prohibiting offense, then even touching a firearm would be a federal offense (GCA 1968). The KTNA article makes it sound like he was not exactly lucid so he may well have been using a controlled substance or otherwise prohibited.Guns do not belong in bars. Our pioneer ancestors knew that, why is it so hard for some people to accept it? Meanwhile, RIP Dirk. What a great guy he was.
But, it is certainly fair to say that in Alaska, guns are not allowed in bars (perhaps making us wonder if it is unpossible -- how did Clark get his firearm past the magic No Guns Allowed Forcefield?). Moroever, the article makes it clear that this was not a drunken argument that got out of hand and escalated into a shooting. This was an execution, not a brawl between two drunks.
The real issue is the criminal and/or the possible mental illness, not the gun. We already have laws that make what Mr. Clark illegal. They didn't stop him. In fact, they could have made the situation worse. The ADN reports:
Someone saw Clark run out a back door, Gale Moses said, and everyone in the dining room stayed quiet, with the doors closed, unsure if the shooter was still around or if he would come back.Luckily, Clark ran for it after his crime. It took the police 15 minutes to catch up with him. In that amount of time, he could have caused a lot of havoc on the other patrons, and unless someone was carrying in violation of state law then there'd be no real way to stop him.
I know this is crazy sounding, but I actually wouldn't mind seeing AS 11.61.220 amended. I think you should be allowed to carry a firearm in a bar. I'm ok with prohibiting people who are intoxicated from carrying firearms, but just entering a bar shouldn't mean you're required to sacrifice your safety. What about the patrons of Latitude that just wanted to listen to music? What about the designated driver who is concerned about their safety escorting friends home late at night? I think it would be better if possession in a bar was legal if you remain sober, although it should likely be an escalating offense (i.e., if you get into a shoving match that might just be simple assault, but you're carrying, and it is in a bar, then it may be MIW as well). Other aspects of MIW do this as well, elevating many other crimes on sensitive properties like schools to greater offenses if you commit them with a firearm.
In any event, condolences for the community are in order. It will be interesting to see if more details emerge, but this is one of those sad cases where all the laws in the world probably wouldn't stop a criminal and/or crazed murder.
