HB 372: "An Act prohibiting the use of state or municipal assets to enforce law related to firearms; and relating to actions against the state or a municipality."
00 HOUSE BILL NO. 372 01 "An Act prohibiting the use of state or municipal assets to enforce law related to 02 firearms; and relating to actions against the state or a municipality." 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 Second Amendment Preservation Act. 07 * Sec. 2. AS 44.99 is amended by adding a new section to read: 08 Sec. 44.99.515. Prohibition on enforcement. (a) A state or municipal agency 09 may not knowingly enforce, attempt to enforce, participate in the enforcement or 10 implementation of, or comply with a request to provide material aid or support to 11 another in the enforcement or implementation of an order of the President of the 12 United States, a federal regulation, or a law enacted by the United States Congress 13 relating to firearms, firearm accessories, or ammunition if the enforcement or 14 implementation is against a law-abiding citizen.
01 (b) Notwithstanding AS 09.50.250 and AS 09.65.070, a law-abiding citizen 02 may bring a civil action for injunctive relief in superior court if the law-abiding citizen 03 is adversely affected by a violation of (a) of this section. 04 (c) A violation of (a) of this section is punishable by a fine of $50,000 for each 05 violation. 06 (d) A state or municipal agency is subject to a fine of $50,000 for each 07 employee if the state or municipal agency knowingly employs a former federal 08 employee or person who acted under federal law, and that employee commits or 09 previously committed a violation of (a) of this section. 10 (e) It is not a violation of (a) of this section for a person to 11 (1) provide aid to a federal peace officer in pursuit of a suspect if 12 (A) there is a criminal nexus with another state; and 13 (B) the suspect is not a citizen of the state or present in the 14 state; 15 (2) provide aid to a federal prosecutor for a felony violation involving 16 a controlled substance or an offense against the person if 17 (A) the prosecution includes a weapons offense similar to 18 conduct that is illegal under state statute; and 19 (B) the weapons offense is not secondary to the controlled 20 substance or offense against the person charge; or 21 (3) accept federal assistance for the enforcement of state statute. 22 (f) In this section, 23 (1) "knowingly" has the meaning given in AS 11.81.900(a); 24 (2) "law-abiding citizen" means a person legally present in the state 25 and the United States who is not precluded under state law from possessing a firearm; 26 (3) "material aid" includes voluntarily providing lodging, 27 communications equipment, or services, including social media accounts, facilities, 28 weapons, personnel, transportation, clothing, or other physical assets; "material aid" 29 does not include providing medical supplies or materials or assisting a person to 30 escape a serious and present risk of life-threatening injury; 31 (4) "state or municipal agency" means a department, institution, board,
01 commission, division, council, committee, authority, public corporation, school 02 district, regional educational attendance area, or other administrative unit of a 03 municipality or of the executive, judicial, or legislative branch of state government, 04 including employees of those entities. 05 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. AS 44.99.515, enacted by sec. 2 of this Act, applies to violations 08 of AS 44.99.515(a) occurring on or after the effective date of this Act.