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26th Legislature(2009-2010)

Bill Text 26th Legislature


00                      CS FOR HOUSE BILL NO. 186(FIN) am                                                                  
01 "An Act declaring that certain firearms and accessories are exempt from federal                                         
02 regulation."                                                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       FINDINGS. The legislature finds that the authority for this Act is the following:                                 
07            (1)  the Tenth Amendment to the Constitution of the United States guarantees                                 
08 to the states and their people all powers not granted to the federal government elsewhere in                            
09 the constitution and reserves to the state and people of Alaska certain powers as they were                             
10 intended at the time that Alaska was admitted to statehood in 1959; the guaranty of those                               
11 powers is a matter of contract between the state and people of Alaska and the United States as                          
12 of the time that the compact with the United States was agreed upon and adopted by Alaska                               
13 and the United States in 1959;                                                                                          
14            (2)  the Ninth Amendment to the Constitution of the United States guarantees                                 
01 to the people rights not granted in the constitution and reserves to the people of Alaska certain                       
02 rights as they were intended at the time that Alaska was admitted to statehood in 1959; the                             
03 guaranty of those rights is a matter of contract between the state and people of Alaska and the                         
04 United States as of the time that the compact with the United States was agreed upon and                                
05 adopted by Alaska and the United States in 1959;                                                                        
06            (3)  the regulation of intrastate commerce is vested in the states under the                                 
07 Ninth and Tenth Amendments to the Constitution of the United States, particularly if not                                
08 expressly preempted by federal law; the United States Congress has not expressly preempted                              
09 state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of                         
10 firearms, firearm accessories, and ammunition;                                                                          
11            (4)  the Second Amendment to the Constitution of the United States reserves to                               
12 the people the right to keep and bear arms as that right was intended at the time that Alaska                           
13 was admitted to statehood in 1959, and the guaranty of the right is a matter of contract                                
14 between the state and people of Alaska and the United States as of the time that the compact                            
15 with the United States was agreed upon and adopted by Alaska and the United States in 1959;                             
16            (5)  art. I, sec. 19, Constitution of the State of Alaska clearly secures to Alaska                          
17 citizens and prohibits government interference with the right of individual Alaska citizens to                          
18 keep and bear arms.                                                                                                     
19    * Sec. 2. AS 44.99 is amended by adding a new section to read:                                                     
20                   Article 5. Alaska Firearms Freedom Act.                                                             
21            Sec. 44.99.500. State policy, declarations, and requirements concerning                                    
22       certain firearms not in interstate commerce and not subject to federal regulation.                              
23       (a) A personal firearm, a firearm accessory, or ammunition that is manufactured                                   
24       commercially or privately in this state and that remains in the state is not subject to                           
25       federal law or federal regulation, including registration, under the authority of the                             
26       United States Congress to regulate interstate commerce as those items have not                                    
27       traveled in interstate commerce.                                                                                  
28            (b)  This section applies to a firearm, a firearm accessory, or ammunition that                              
29       is manufactured in this state from basic materials and that can be manufactured                                   
30       without the inclusion of any significant parts imported from another state. Generic and                           
31       insignificant parts that have other manufacturing or consumer product applications are                            
01       not firearms, firearm accessories, or ammunition, and their importation into this state                           
02       and incorporation into a firearm, a firearm accessory, or ammunition manufactured in                              
03       this state does not subject the firearm, firearm accessory, or ammunition to federal                              
04       regulation. Basic materials, such as unmachined steel and unshaped wood, are not                                  
05       firearms, firearm accessories, or ammunition and are not subject to congressional                                 
06       authority to regulate firearms, firearm accessories, and ammunition under interstate                              
07       commerce as if they were actually firearms, firearm accessories, or ammunition. The                               
08       authority of the United States Congress to regulate interstate commerce in basic                                  
09       materials does not include authority to regulate firearms, firearm accessories, and                               
10       ammunition made in this state from those materials. Firearm accessories that are                                  
11       imported into this state from another state and that are subject to federal regulation as                         
12       being in interstate commerce do not subject a firearm to federal regulation under                                 
13       interstate commerce because they are attached to or used in conjunction with a firearm                            
14       in this state.                                                                                                    
15            (c)  A firearm manufactured or sold in this state and not subject to federal                                 
16       regulation under this section must have the words "Made in Alaska" clearly stamped                                
17       on a central metallic part, such as the receiver or frame.                                                        
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 manufactured                             
22       and retained within this state.                                                                                   
23            (e)  In this section,                                                                                        
24                 (1)  "firearm accessory" means an item that is used in conjunction with                                 
25       or mounted on a firearm but is not essential to the basic function of a firearm,                                  
26       including a telescopic or laser sight, magazine, flash or sound suppressor, folding or                            
27       aftermarket stock and grip, speedloader, ammunition carrier, and light for target                                 
28       illumination;                                                                                                     
29                 (2)  "generic and insignificant parts" includes springs, screws, nuts, and                              
30       pins;                                                                                                             
31                 (3)  "manufactured" means a firearm, a firearm accessory, or                                            
01       ammunition that has been created from basic materials for functional usefulness,                                  
02       including forging, casting, machining, or other processes for working materials.                                  
03    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
04 read:                                                                                                                   
05       APPLICABILITY. AS 44.99.500, added by sec. 2 of this Act, applies to firearms,                                    
06 firearm accessories, and ammunition that are manufactured and retained in this state after                              
07 October 1, 2009.                                                                                                        
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