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28th Legislature(2013-2014)

Bill Text 28th Legislature


00                       CS FOR HOUSE BILL NO. 69(JUD)                                                                     
01 "An Act exempting certain firearms, firearm accessories, and ammunition in this state                                   
02 from federal regulation; declaring certain federal statutes, regulations, rules, and orders                             
03 unconstitutional under the Constitution of the United States and unenforceable in this                                  
04 state; providing criminal penalties for federal officials who enforce or attempt to enforce                             
05 a federal statute, regulation, rule, or order regulating certain firearms and firearm                                   
06 accessories in this state; and providing for an effective date."                                                        
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
09 to read:                                                                                                                
10       FINDINGS. The legislature finds that                                                                              
11            (1)  a statute, regulation, rule, or order that has the purpose, intent, or effect of                        
12 confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm,                         
13 imposing any limit on the ammunition that may be purchased for any firearm, or requiring the                            
01 registration of any firearm or its ammunition infringes on an Alaskan's right to bear arms in                           
02 violation of the Second Amendment to the Constitution of the United States and, therefore, is                           
03 not made in accordance with the Constitution of the United States, is not authorized by the                             
04 Constitution of the United States, is not the supreme law of the land, and, consequently, is                            
05 invalid in this state and shall be considered null and void and of no effect in this state; and                         
06            (2)  further authority for this Act is the following:                                                        
07                 (A)  art. I, sec. 19, Constitution of the State of Alaska, clearly secures                              
08       to Alaska citizens and prohibits government interference with the right of individual                             
09       Alaska citizens to keep and bear arms;                                                                            
10                 (B)  the Tenth Amendment to the Constitution of the United States                                       
11       guarantees to the states and their people all powers not granted to the federal                                   
12       government elsewhere in the constitution and reserves to the state and people of                                  
13       Alaska certain powers as they were intended at the time that Alaska was admitted to                               
14       statehood in 1959; the guaranty of those powers is a matter of contract between the                               
15       state and people of Alaska and the United States as of the time that the compact with                             
16       the United States was agreed to and adopted by Alaska and the United States in 1959;                              
17                 (C)  the Ninth Amendment to the Constitution of the United States                                       
18       guarantees to the people rights not granted in the constitution and reserves to the                               
19       people of Alaska certain rights as they were intended at the time that Alaska was                                 
20       admitted to statehood in 1959; the guaranty of those rights is a matter of contract                               
21       between the state and people of Alaska and the United States as of the time that the                              
22       compact with the United States was agreed upon and adopted by Alaska and the                                      
23       United States in 1959.                                                                                            
24    * Sec. 2. AS 44.99.500(a) is amended to read:                                                                      
25            (a)  A personal firearm, a firearm accessory, or ammunition that is possessed                            
26       in this state or manufactured commercially or privately in this state and that remains                        
27       in the state is not subject to federal law or federal regulation, including registration,                         
28       under the authority of the United States Congress to regulate interstate commerce as                              
29       those items have not traveled in interstate commerce.                                                             
30    * Sec. 3. AS 44.99.500(b) is amended to read:                                                                      
31            (b)  This section applies to a firearm, a firearm accessory, or ammunition that                              
01       is possessed in this state or manufactured in this state from basic materials and that                        
02       can be manufactured without the inclusion of any significant parts imported from                                  
03       another state. Generic and insignificant parts that have other manufacturing or                                   
04       consumer product applications are not firearms, firearm accessories, or ammunition,                               
05       and their importation into this state and incorporation into a firearm, a firearm                                 
06       accessory, or ammunition manufactured in this state does not subject the firearm,                                 
07       firearm accessory, or ammunition to federal regulation. Basic materials, such as                                  
08       unmachined steel and unshaped wood, are not firearms, firearm accessories, or                                     
09       ammunition and are not subject to congressional authority to regulate firearms, firearm                           
10       accessories, and ammunition under interstate commerce as if they were actually                                    
11       firearms, firearm accessories, or ammunition. The authority of the United States                                  
12       Congress to regulate interstate commerce in basic materials does not include authority                            
13       to regulate firearms, firearm accessories, and ammunition possessed in this state or                          
14       made in this state from those materials. Firearm accessories that are imported into this                          
15       state from another state and that are subject to federal regulation as being in interstate                        
16       commerce do not subject a firearm to federal regulation under interstate commerce                                 
17       because they are attached to or used in conjunction with a firearm in this state.                                 
18    * Sec. 4. AS 44.99.500(d) is amended to read:                                                                      
19            (d)  The attorney general may defend a citizen of this state who is prosecuted                               
20       by the government of the United States under the congressional power to regulate                                  
21       interstate commerce for violation of a federal law concerning the manufacture, sale,                              
22       transfer, or possession of a firearm, a firearm accessory, or ammunition possessed in                         
23       this state or manufactured and retained within this state.                                                    
24    * Sec. 5. AS 44.99.500 is amended by adding new subsections to read:                                               
25            (f)  A federal statute, regulation, rule, or order adopted, enacted, or otherwise                            
26       effective on or after the effective date of this Act is unenforceable in this state by an                         
27       official, agent, or employee of this state, a municipality, or the federal government if                          
28       the federal statute, regulation, rule, or order attempts to                                                       
29                 (1)  ban or restrict ownership of a semiautomatic firearm or a magazine                                 
30       of a firearm; or                                                                                                  
31                 (2)  require a firearm, magazine, or other firearm accessory to be                                      
01       registered.                                                                                                       
02            (g)  An official, agent, or employee of the federal government who enforces or                               
03       attempts to enforce a federal statute, regulation, rule, or order unenforceable under (f)                         
04       of this section is guilty of a class C felony and may be punished as provided in                                  
05       AS 12.55.                                                                                                         
06    * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).                                                 
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