SCS CSHB 69(JUD): "An Act prohibiting state and municipal agencies from using assets to implement or aid in the implementation of the requirements of certain federal statutes, regulations, rules, and orders that are applied to infringe on a person's right to bear arms or right to due process or that implement or aid in the implementation of the federal REAL ID Act of 2005; exempting certain firearms, firearm accessories, and ammunition in this state from federal regulation; declaring certain federal statutes, regulations, rules, and orders unconstitutional under the Constitution of the United States and unenforceable in this state; requiring the attorney general to file any legal action to prevent implementation of a federal statute, regulation, rule, or order that violates the rights of a resident of the state; and providing for an effective date."
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).