04/13/2010 09:00 AM Senate FINANCE

CS FOR HOUSE BILL NO. 186(FIN) am                                                                                             
                                                                                                                                
     "An   Act   declaring   that   certain   firearms   and                                                                    
     accessories are exempt from federal regulation."                                                                           
                                                                                                                                
Co-Chair  Hoffman noted  it  was the  first  hearing of  the                                                                    
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE MIKE  KELLY, SPONSOR, reported that  the bill                                                                    
would allow firearms  built in Alaska for use  in Alaska not                                                                    
be  subject  to federal  regulations  and  would permit  the                                                                    
Attorney  General  to  protect  anyone who  engages  in  the                                                                    
production of firearms in  Alaska from federal interference.                                                                    
He  thought the  bill could  cause problems  at the  federal                                                                    
level, but he believed it shouldn't.                                                                                            
                                                                                                                                
10:28:10 AM                                                                                                                   
                                                                                                                                
DEREK MILLER,  STAFF, REPRESENTATIVE MIKE KELLY,  shared the                                                                    
sectional  analysis.   Section  1  is  a   findings  section                                                                    
declaring the authority of the  Act to be the Second, Ninth,                                                                    
and  Tenth  Amendments to  the  Constitution  of the  United                                                                    
States.  Section 2  is  the Alaska  Firearm  Freedom Act  as                                                                    
stated in the  bill. It declares that a  personal firearm, a                                                                    
firearm  accessory,  or   ammunition  that  is  manufactured                                                                    
commercially or privately in Alaska  and that remains in the                                                                    
state is not subject to federal law or regulation.                                                                              
                                                                                                                                
Co-Chair  Hoffman noted  an indeterminate  fiscal note  from                                                                    
the Department of Law.                                                                                                          
                                                                                                                                
10:30:29 AM                                                                                                                   
                                                                                                                                
GARY   MARBUT,   SHOOTING   SPORTS   ASSOCIATION,   MONTANA,                                                                    
explained that he  wrote the Firearms Freedom  Act and seven                                                                    
states  now have  this law.  It  has been  introduced in  20                                                                    
other states.  It is a  states' rights challenge  to federal                                                                    
commerce  clause  authority.  He spoke  about  the  economic                                                                    
impact of  this legislation to Alaskans.  He suggested there                                                                    
would be  no litigation  from the federal  government. There                                                                    
is  currently private  litigation regarding  the legislation                                                                    
in Montana. He  said that the purpose of  the legislation is                                                                    
to  challenge  the  federal   government  and  overturn  the                                                                    
commerce clause precedent.                                                                                                      
                                                                                                                                
10:33:24 AM                                                                                                                   
                                                                                                                                
Senator  Huggins asked  which categories  of firearms  would                                                                    
qualify under  the bill. He  wondered if the  Kodiak Company                                                                    
that markets  bullets nationally  would qualify.  Mr. Marbut                                                                    
stated  that   existing  manufacturers  must   have  federal                                                                    
firearms  licenses and  would not  avail themselves  of this                                                                    
legislation.  He gave  an example  of  smaller, local  shops                                                                    
that would qualify.                                                                                                             
                                                                                                                                
Senator Huggins  asked if two examples  of hypothetical guns                                                                    
would qualify. Mr. Marbut said  the first example would not,                                                                    
but  the second  one would.  Only an  Alaska-made gun  would                                                                    
qualify.                                                                                                                        
                                                                                                                                
Senator Olson  asked if handguns  are included in  the bill.                                                                    
Mr. Marbut said they were.                                                                                                      
                                                                                                                                
HB  186  was  heard  and   HELD  in  Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
10:37:11 AM