Enrolled HB 186: Declaring that certain firearms and accessories are exempt from federal regulation.
00Enrolled HB 186 01 Declaring that certain firearms and accessories are exempt from federal regulation. 02 _______________ 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 FINDINGS. The legislature finds that the authority for this Act is the following: 06 (1) the Tenth Amendment to the Constitution of the United States guarantees 07 to the states and their people all powers not granted to the federal government elsewhere in 08 the constitution and reserves to the state and people of Alaska certain powers as they were 09 intended at the time that Alaska was admitted to statehood in 1959; the guaranty of those 10 powers is a matter of contract between the state and people of Alaska and the United States as 11 of the time that the compact with the United States was agreed upon and adopted by Alaska 12 and the United States in 1959; 13 (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.