HB 186-AK FIREARMS EXEMPT FROM FED. REGULATION 2:25:03 PM CHAIR FRENCH announced the consideration of HB 186. [CSHB 186(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.