Collins v. State

In Collins v. State, 977 P.2d 741, 752-53 (Alaska App. 1999), the Court concluded that in enacting AS 11.61.195(a)(1), the legislature did not intend to criminalize every situation where a person simultaneously commits a felony drug offense and possesses or exercises control over a firearm. The Court concluded that " AS 11.61.195(a)(1) requires proof of a nexus between a defendant's possession of the firearm and the defendant's commission of the felony drug offense." The Court held that AS 11.61.195(a)(1) requires proof of more than a defendant's simultaneous possession of a firearm and commission of a drug felony. Rather, the statute requires proof of a nexus between the defendant's possession of the firearm and the defendant's commission of the felony drug offense. Id. at 753. The Court stated that AS 11.61.195(a)(1) "requires proof of a nexus between a defendant's possession of the firearm and the defendant's commission of the felony drug offense." Id. at 748, 753. However, the Court did not define the exact contours of the required nexus.