CSHB 69(JUD): "An Act 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; providing criminal penalties for federal officials who enforce or attempt to enforce a federal statute, regulation, rule, or order regulating certain firearms and firearm accessories in this state; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 69(JUD) 01 "An Act exempting certain firearms, firearm accessories, and ammunition in this state 02 from federal regulation; declaring certain federal statutes, regulations, rules, and orders 03 unconstitutional under the Constitution of the United States and unenforceable in this 04 state; providing criminal penalties for federal officials who enforce or attempt to enforce 05 a federal statute, regulation, rule, or order regulating certain firearms and firearm 06 accessories in this state; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 FINDINGS. The legislature finds that 11 (1) a statute, regulation, rule, or order that has the purpose, intent, or effect of 12 confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, 13 imposing any limit on the ammunition that may be purchased for any firearm, or requiring the
01 registration of any firearm or its ammunition infringes on an Alaskan's right to bear arms in 02 violation of the Second Amendment to the Constitution of the United States and, therefore, is 03 not made in accordance with the Constitution of the United States, is not authorized by the 04 Constitution of the United States, is not the supreme law of the land, and, consequently, is 05 invalid in this state and shall be considered null and void and of no effect in this state; and 06 (2) further authority for this Act is the following: 07 (A) art. I, sec. 19, Constitution of the State of Alaska, clearly secures 08 to Alaska citizens and prohibits government interference with the right of individual 09 Alaska citizens to keep and bear arms; 10 (B) the Tenth Amendment to the Constitution of the United States 11 guarantees to the states and their people all powers not granted to the federal 12 government elsewhere in the constitution and reserves to the state and people of 13 Alaska certain powers as they were intended at the time that Alaska was admitted to 14 statehood in 1959; the guaranty of those powers is a matter of contract between the 15 state and people of Alaska and the United States as of the time that the compact with 16 the United States was agreed to and adopted by Alaska and the United States in 1959; 17 (C) the Ninth Amendment to the Constitution of the United States 18 guarantees to the people rights not granted in the constitution and reserves to the 19 people of Alaska certain rights as they were intended at the time that Alaska was 20 admitted to statehood in 1959; the guaranty of those rights is a matter of contract 21 between the state and people of Alaska and the United States as of the time that the 22 compact with the United States was agreed upon and adopted by Alaska and the 23 United States in 1959. 24 * Sec. 2. 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. 3. 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. 4. 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. 5. 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 attempts to 29 (1) ban or restrict ownership of a semiautomatic firearm or a magazine 30 of a firearm; or 31 (2) require a firearm, magazine, or other firearm accessory to be
01 registered. 02 (g) An official, agent, or employee of the federal government who enforces or 03 attempts to enforce a federal statute, regulation, rule, or order unenforceable under (f) 04 of this section is guilty of a class C felony and may be punished as provided in 05 AS 12.55. 06 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).