00                            HOUSE BILL NO. 152                                                                          
01 "An Act relating to extreme risk protective orders; establishing the crime of                                           
02 enforcement of an extreme risk protective order; and providing for an effective date."                                  
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       SHORT TITLE. This Act may be known as the Anti Red Flag Act.                                                      
07    * Sec. 2. AS 18.66 is amended by adding a new section to read:                                                     
08            Sec. 18.66.145. State preemption of extreme risk protective orders. (a) The                                
09       legislature hereby occupies and preempts the entire field of legislation in the state                             
10       relating to federal or state extreme risk protective orders against a resident of the state                       
11       to the complete exclusion of an order, ordinance, or regulation by a municipality or                              
12       other political subdivision of the state.                                                                         
13            (b)  A federal statute, rule, or executive order or federal or state judicial order                          
14       that has the effect of forcing an extreme risk protective order or ex parte extreme risk                          

01 protective order against a resident of the state, which would infringe the resident's                                   
02 constitutional rights, including the right to keep and bear arms and the right of                                       
03       freedom of speech, is unenforceable and of no effect in the state.                                                
04 (c)  A state agency or political subdivision of the state may not accept federal                                        
05 grant funding to implement a federal statute, rule, or executive order or federal or state                              
06 judicial order that has the effect of enforcing an extreme risk protective order against a                              
07       resident of the state.                                                                                            
08 (d)  An individual, including a peace officer, who attempts to enforce a federal-                                       
09 or state-implemented extreme risk protective order against a resident of the state is                                   
10       guilty of a felony.                                                                                               
11            (e)  This section applies to home rule municipalities.                                                       
12            (f)  This section is not subject to judicial review.                                                         
13 (g)  In this section, "extreme risk protective order" means an executive order,                                         
14 written order, or warrant issued by a federal or state court or signed by a magistrate or                               
15 comparable officer of the court for which the primary purpose is to reduce the risk of                                  
16       firearm-related death or injury by                                                                                
17 (1)  prohibiting an individual from owning, possessing, purchasing, or                                                  
18       receiving a firearm or having a firearm in the individual's custody or control; or                                
19 (2)  removing a firearm from an individual or requiring the individual                                                  
20       to surrender a firearm.                                                                                           
21    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
22 read:                                                                                                                   
23 APPLICABILITY. AS 18.66.145(d), enacted by sec. 2 of this Act, applies to extreme                                     
24 risk protective orders filed before, on, or after the effective date of this Act.                                       
25    * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).