28th Legislature(2013-2014)

Bill Text 28th Legislature


00                              HOUSE BILL NO. 69                                                                          
01 "An Act exempting certain firearms and firearm accessories in this state from federal                                   
02 regulation; providing criminal penalties for federal officials who enforce or attempt to                                
03 enforce a federal law, regulation, rule, or order regulating certain firearms and firearm                               
04 accessories in this state; and providing for an effective date."                                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 44.99.500(a) is amended to read:                                                                   
07            (a)  A personal firearm, a firearm accessory, or ammunition that is possessed                            
08       in this state or manufactured commercially or privately in this state and that remains                        
09       in the state is not subject to federal law or federal regulation, including registration,                         
10       under the authority of the United States Congress to regulate interstate commerce as                              
11       those items have not traveled in interstate commerce.                                                             
12    * Sec. 2. AS 44.99.500(b) is amended to read:                                                                      
13            (b)  This section applies to a firearm, a firearm accessory, or ammunition that                              
14       is possessed in this state or manufactured in this state from basic materials and that                        
01       can be manufactured without the inclusion of any significant parts imported from                                  
02       another state. Generic and insignificant parts that have other manufacturing or                                   
03       consumer product applications are not firearms, firearm accessories, or ammunition,                               
04       and their importation into this state and incorporation into a firearm, a firearm                                 
05       accessory, or ammunition manufactured in this state does not subject the firearm,                                 
06       firearm accessory, or ammunition to federal regulation. Basic materials, such as                                  
07       unmachined steel and unshaped wood, are not firearms, firearm accessories, or                                     
08       ammunition and are not subject to congressional authority to regulate firearms, firearm                           
09       accessories, and ammunition under interstate commerce as if they were actually                                    
10       firearms, firearm accessories, or ammunition. The authority of the United States                                  
11       Congress to regulate interstate commerce in basic materials does not include authority                            
12       to regulate firearms, firearm accessories, and ammunition possessed in this state or                          
13       made in this state from those materials. Firearm accessories that are imported into this                          
14       state from another state and that are subject to federal regulation as being in interstate                        
15       commerce do not subject a firearm to federal regulation under interstate commerce                                 
16       because they are attached to or used in conjunction with a firearm in this state.                                 
17    * Sec. 3. AS 44.99.500(d) is amended to read:                                                                      
18            (d)  The attorney general may defend a citizen of this state who is prosecuted                               
19       by the government of the United States under the congressional power to regulate                                  
20       interstate commerce for violation of a federal law concerning the manufacture, sale,                              
21       transfer, or possession of a firearm, a firearm accessory, or ammunition possessed in                         
22       this state or manufactured and retained within this state.                                                    
23    * Sec. 4. AS 44.99.500 is amended by adding new subsections to read:                                               
24            (f)  A federal statute, regulation, rule, or order enacted or effective on or after                          
25       the effective date of this Act is unenforceable in this state if the federal statute,                             
26       regulation, rule, or order attempts to                                                                            
27                 (1)  ban or restrict ownership of a semiautomatic firearm or a magazine                                 
28       of a firearm; or                                                                                                  
29                 (2)  require a firearm, magazine, or other firearm accessory to be                                      
30       registered.                                                                                                       
31            (g)  An official, agent, or employee of the federal government who enforces or                               
01       attempts to enforce a federal statute, regulation, rule, or order that is unenforceable                           
02       under (f) of this section is guilty of a class B misdemeanor and may be punished as                               
03       provided in AS 12.55.                                                                                             
04    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).                                                 
New Text Underlined     [DELETED TEXT BRACKETED]