02/01/2010 01:30 PM Senate JUDICIARY

         HB 186-AK FIREARMS EXEMPT FROM FED. REGULATION                                                                     
                                                                                                                                
2:25:03 PM                                                                                                                    
CHAIR  FRENCH  announced  the  consideration  of  HB  186.  [CSHB
(FIN) AM was before the committee.]                                                                                          
                                                                                                                                
REPRESENTATIVE MIKE  KELLY, Alaska State Legislature,  sponsor of                                                               
HB 186,  said this bill  addresses both the Second  Amendment and                                                               
commerce. It  states that  firearms and  accessories manufactured                                                               
and  sold in  this  state should  be regulated  by  the State  of                                                               
Alaska and should  not be the concern of  the federal government.                                                               
The bill further  states that the Attorney General  of Alaska may                                                               
enforce  this. He  reported  that it's  become  difficult if  not                                                               
impossible to  buy ammunition  in this  state because  people are                                                               
buying it so quickly.                                                                                                           
                                                                                                                                
2:27:29 PM                                                                                                                    
CHAIR  FRENCH noted  that during  the Interim  he was  invited to                                                               
speak on this  bill to the Second Amendment Task  Force; he found                                                               
that many  people are deeply  interested in this idea.  With that                                                               
in  mind, public  testimony will  be  taken today  and the  legal                                                               
questions will be addressed at a future hearing.                                                                                
                                                                                                                                
DEREK MILLER,  Staff to Representative  Kelly, introduced  HB 186                                                               
reading from the sponsor statement.                                                                                             
                                                                                                                                
     The  United  States  Constitution  gives  Congress  the                                                                    
     authority to  regulate Interstate Commerce  between the                                                                    
     states and 18 USC 922  makes it unlawful for any person                                                                    
     not licensed  as a manufacturer  or dealer  in firearms                                                                    
     to engage  in the business of  manufacturing or dealing                                                                    
     in  firearms.  Collectively,  the  Interstate  Commerce                                                                    
     Clause  and  18  USC  922   are  used  by  the  federal                                                                    
     government as a means to regulate firearms.                                                                                
                                                                                                                                
     The  Alaska  Firearms  Freedom Act  addresses  this  by                                                                    
     exempting    firearms,    firearm   accessories,    and                                                                    
     ammunition manufactured and retained  in the state from                                                                    
     all    federal   firearm    control   laws    including                                                                    
     registration,  as  firearms  that meet  these  criteria                                                                    
     shouldn't  be  regulated   by  the  federal  government                                                                    
     because they have not  traveled in interstate commerce.                                                                    
     Firearms  exempt  from this  Act  must  have the  words                                                                    
     "Made in Alaska" clearly stamped  on a central metallic                                                                    
     part such as the receiver  or frame. CSHB 186(FIN) also                                                                    
     allows  the  Attorney General  of  Alaska  to defend  a                                                                    
     citizen of this state who  is prosecuted by the federal                                                                    
     government   under   their    authority   to   regulate                                                                    
     interstate   commerce   for   violating   federal   law                                                                    
     regarding   the   manufacture,   sale,   transfer,   or                                                                    
     possession   of  a   firearm,  firearm   accessory,  or                                                                    
     ammunition manufactured and retained in this state.                                                                        
                                                                                                                                
     This   bill  frees   certain   firearms  from   federal                                                                    
     regulation as  long as certain  conditions are  met. It                                                                    
     frees  the state  of  Alaska  from restrictive  federal                                                                    
     firearm  regulation  and  allows   the  state  to  take                                                                    
     responsible firearm regulation into her own hands.                                                                         
                                                                                                                                
2:30:20 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  how  many  firearms  and  how  much                                                               
ammunition is manufactured in Alaska.                                                                                           
                                                                                                                                
MR.  MILLER replied  there  isn't  much if  any;  a similar  bill                                                               
passed in Montana to hopefully induce that type business.                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if there's  been any  legal analysis                                                               
about  the   constitutionality  of  this  under   the  Interstate                                                               
Commerce Clause.                                                                                                                
                                                                                                                                
MR. MILLER directed  attention to the detailed  legal analysis by                                                               
Jerry Luckhaupt.                                                                                                                
                                                                                                                                
CHAIR FRENCH  restated that legal  issues will be addressed  in a                                                               
future  hearing. The  Interstate Commerce  Clause is  one of  the                                                               
more  complex areas  of law;  it's a  vague but  overarching term                                                               
that  has  meant different  things  in  different eras  of  court                                                               
history.                                                                                                                        
                                                                                                                                
2:32:10 PM                                                                                                                    
SENATOR  WIELECHOWSKI   asked  if   the  Montana  law   has  been                                                               
challenged.                                                                                                                     
                                                                                                                                
MR. MILLER replied not that he isn't aware of any challenge.                                                                    
                                                                                                                                
CHAIR  FRENCH  pointed  out  that  the  Montana  Shooting  Sports                                                               
Association  went  to  court   asking  for  declaratory  judgment                                                               
upholding  the Montana  law, which  is  the reverse  of what  you                                                               
might  normally see.  It  was  filed in  September  2009, but  he                                                               
doesn't know the status.                                                                                                        
                                                                                                                                
2:33:16 PM                                                                                                                    
FRANK W. TURNEY, representing  himself, Fairbanks, stated support                                                               
for HB  186. God bless the  states that recognize that  the Tenth                                                               
Amendment  is  still  valid,  he   said.  This  is  a  bill  that                                                               
demonstrates the  sovereignty of the  State of Alaska.  The issue                                                               
is not  only about  manufacturing firearms  in Alaska,  it's also                                                               
about  state's  rights. Under  the  Ninth  and Tenth  Amendments,                                                               
states  have responsibility  for  regulating intrastate  commerce                                                               
and  the federal  government has  no role  whatsoever. If  HB 186                                                               
passes  and is  signed into  law,  it's likely  that the  federal                                                               
government will file a lawsuit  so he's pleased that the Attorney                                                               
General will  defend state rights in  this regard. I hope  to one                                                               
day purchase a gun that is stamped "Made in Alaska," he said.                                                                   
                                                                                                                                
2:35:55 PM                                                                                                                    
MIKE  PRAX,  representing   himself,  Fairbanks,  encouraged  the                                                               
committee  to pass  HB 186.  It's primarily  a matter  of state's                                                               
rights  under the  Tenth Amendment;  Alaska should  be free  from                                                               
federal regulation  of intrastate  commerce. This  bill increases                                                               
citizen liberty and the Legislature  shouldn't steer clear of the                                                               
issue just  because the  court may  turn it  down. We  don't know                                                               
what  the court  might do  until the  case is  before it;  if the                                                               
court decides to get involve we'll  cross that bridge when we get                                                               
there, he said.                                                                                                                 
                                                                                                                                
2:38:46 PM                                                                                                                    
SCOTT HAMANN, representing himself,  Kenai, stated strong support                                                               
for HB 186.  He agrees with the previous speaker  with respect to                                                               
not worrying about  legal challenges. The best thing to  do is to                                                               
get the bill signed into law.  Let the court fight it out because                                                               
that's what will happen, he said.                                                                                               
                                                                                                                                
CHAIR  FRENCH  closed  public  testimony   and  held  HB  186  in                                                               
committee.