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28th Legislature(2013-2014)

Bill Text 28th Legislature


00                 SENATE CS FOR CS FOR HOUSE BILL NO. 69(JUD)                                                             
01 "An Act prohibiting state and municipal agencies from using assets to implement or aid                                  
02 in the implementation of the requirements of certain federal statutes, regulations, rules,                              
03 and orders that are applied to infringe on a person's right to bear arms or right to due                                
04 process or that implement or aid in the implementation of the federal REAL ID Act of                                    
05 2005; exempting certain firearms, firearm accessories, and ammunition in this state                                     
06 from federal regulation; declaring certain federal statutes, regulations, rules, and orders                             
07 unconstitutional under the Constitution of the United States and unenforceable in this                                  
08 state; requiring the attorney general to file any legal action to prevent implementation of                             
09 a federal statute, regulation, rule, or order that violates the rights of a resident of the                             
10 state; and providing for an effective date."                                                                            
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
12    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
01 to read:                                                                                                                
02       FINDINGS. The legislature finds that                                                                              
03            (1)  a statute, regulation, rule, or order that has the purpose, intent, or effect of                        
04 confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm,                         
05 imposing any limit on the ammunition that may be purchased for any firearm, or requiring the                            
06 registration of any firearm or its ammunition infringes on an Alaskan's right to bear arms in                           
07 violation of the Second Amendment to the Constitution of the United States and, therefore, is                           
08 not made in accordance with the Constitution of the United States, is not authorized by the                             
09 Constitution of the United States, is not the supreme law of the land, and, consequently, is                            
10 invalid in this state and shall be considered null and void and of no effect in this state; and                         
11            (2)  further authority for this Act is the following:                                                        
12                 (A)  art. I, sec. 19, Constitution of the State of Alaska, clearly secures                              
13       to Alaska citizens and prohibits government interference with the right of individual                             
14       Alaska citizens to keep and bear arms;                                                                            
15                 (B)  the Tenth Amendment to the Constitution of the United States                                       
16       guarantees to the states and their people all powers not granted to the federal                                   
17       government elsewhere in the constitution and reserves to the state and people of                                  
18       Alaska certain powers as they were intended at the time that Alaska was admitted to                               
19       statehood in 1959; the guaranty of those powers is a matter of contract between the                               
20       state and people of Alaska and the United States as of the time that the compact with                             
21       the United States was agreed to and adopted by Alaska and the United States in 1959;                              
22                 (C)  the Ninth Amendment to the Constitution of the United States                                       
23       guarantees to the people rights not granted in the constitution and reserves to the                               
24       people of Alaska certain rights as they were intended at the time that Alaska was                                 
25       admitted to statehood in 1959; the guaranty of those rights is a matter of contract                               
26       between the state and people of Alaska and the United States as of the time that the                              
27       compact with the United States was agreed upon and adopted by Alaska and the                                      
28       United States in 1959;                                                                                            
29                 (D)  art. I, sec. 7, Constitution of the State of Alaska, and the Fifth                                 
30       Amendment to the Constitution of the United States guarantee to the people the right                              
31       to due process.                                                                                                   
01    * Sec. 2. AS 44.99.040 is repealed and reenacted to read:                                                          
02            Sec. 44.99.040. Limitation on use of assets. (a) A state or municipal agency                               
03       may not use or authorize the use of an asset to implement or aid in the implementation                            
04       of a requirement of                                                                                               
05                 (1)  an order of the President of the United States, a federal regulation,                              
06       or a law enacted by the United States Congress that is applied to                                                 
07                      (A)  infringe on a person's right, under the Second Amendment                                      
08            to the Constitution of the United States, to keep and bear arms;                                             
09                      (B)  deny a person a right to due process, or a protection of due                                  
10            process, that would otherwise be available to the person under the Constitution                              
11            of the State of Alaska, or the Constitution of the United States; or                                         
12                 (2)  P.L. 109-13, Division B (REAL ID Act of 2005).                                                     
13            (b)  In this section,                                                                                        
14                 (1)  "asset" means funds, facilities, equipment, services, or other                                     
15       resources of a state or municipal agency;                                                                         
16                 (2)  "state or municipal agency" means the University of Alaska, the                                    
17       Alaska Aerospace Corporation, the Alaska Housing Finance Corporation, the Alaska                                  
18       Industrial Development and Export Authority, the Alaska Energy Authority, the                                     
19       Alaska Railroad Corporation, or a department, institution, board, commission,                                     
20       division, council, committee, authority, public corporation, school district, regional                            
21       educational attendance area, or other administrative unit of a municipality or of the                             
22       executive, judicial, or legislative branch of state government, and includes employees                            
23       of those entities.                                                                                                
24    * Sec. 3. 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. 4. 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. 5. 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. 6. 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 violates the Second Amendment to the                              
29       Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska                         
30       by                                                                                                                
31                 (1)  banning or restricting ownership of a semiautomatic firearm or a                                   
01       magazine of a firearm; or                                                                                         
02                 (2)  requiring a firearm, magazine, or other firearm accessory to be                                    
03       registered.                                                                                                       
04            (g)  The attorney general shall, under the Second Amendment to the                                           
05       Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska,                        
06       file legal action necessary to prevent the implementation of a federal statute,                                   
07       regulation, rule, or order that violates the rights of a resident of the state.                                   
08    * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).                                                 
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