Skip to comments.Alaska Bill exempts state from Federal firearms bans, criminalizes attempts at enforcement
Posted on 01/17/2013 10:45:32 AM PST by SENTINEL
HOUSE BILL NO. 69
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-EIGHTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES CHENAULT, Millett, Johnson, Tammie Wilson
FOR AN ACT ENTITLED
1 "An Act exempting certain firearms and firearm accessories in this state from federal
2 regulation; providing criminal penalties for federal officials who enforce or attempt to
3 enforce a federal law, regulation, rule, or order regulating certain firearms and firearm
4 accessories in this state; and providing for an effective date."
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6 * Section 1. AS 44.99.500(a) is amended to read:
7 (a) A personal firearm, a firearm accessory, or ammunition that is possessed
8 in this state or manufactured commercially or privately in this state and that remains
9 in the state is not subject to federal law or federal regulation, including registration,
10 under the authority of the United States Congress to regulate interstate commerce as
11 those items have not traveled in interstate commerce.
12 * Sec. 2. AS 44.99.500(b) is amended to read:
13 (b) This section applies to a firearm, a firearm accessory, or ammunition that
14 is possessed in this state or manufactured in this state from basic materials and that
1 can be manufactured without the inclusion of any significant parts imported from
2 another state. Generic and insignificant parts that have other manufacturing or
3 consumer product applications are not firearms, firearm accessories, or ammunition,
4 and their importation into this state and incorporation into a firearm, a firearm
5 accessory, or ammunition manufactured in this state does not subject the firearm,
6 firearm accessory, or ammunition to federal regulation. Basic materials, such as
7 unmachined steel and unshaped wood, are not firearms, firearm accessories, or
8 ammunition and are not subject to congressional authority to regulate firearms, firearm
9 accessories, and ammunition under interstate commerce as if they were actually
10 firearms, firearm accessories, or ammunition. The authority of the United States
11 Congress to regulate interstate commerce in basic materials does not include authority
12 to regulate firearms, firearm accessories, and ammunition possessed in this state or
13 made in this state from those materials. Firearm accessories that are imported into this
14 state from another state and that are subject to federal regulation as being in interstate
15 commerce do not subject a firearm to federal regulation under interstate commerce
16 because they are attached to or used in conjunction with a firearm in this state.
17 * Sec. 3. AS 44.99.500(d) is amended to read:
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 possessed in
22 this state or manufactured and retained within this state.
23 * Sec. 4. AS 44.99.500 is amended by adding new subsections to read:
24 (f) A federal statute, regulation, rule, or order enacted or effective on or after
25 the effective date of this Act is unenforceable in this state if the federal statute,
26 regulation, rule, or order attempts to
27 (1) ban or restrict ownership of a semiautomatic firearm or a magazine
28 of a firearm; or
29 (2) require a firearm, magazine, or other firearm accessory to be
31 (g) An official, agent, or employee of the federal government who enforces or
1 attempts to enforce a federal statute, regulation, rule, or order that is unenforceable
2 under (f) of this section is guilty of a class B misdemeanor and may be punished as
3 provided in AS 12.55.
4 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).
More than one way to skin a commie - at the state level.
This is one of many reasons why I want to move to Alaska.
The right to self defense in Alaska, on one's own property, against someone committing a crime is virtually unrestricted.
Come on up! :-)
Between this and the pot issue, we may just fix our fed govt problem!
We are long past using law to stop oppression.
I agree with you, but it is good to see some legislative push-back.
In the past there have been fed regulations that Parnell has refused to enforce.
Parnell has always been bought & Paid for by Big OIl, but ya have to support Parnell because he does do the right thing on many issues.
Out here in the rural areas, everybody has & hunts with old military rifles. Nothing better than the 6.8 around my neck on a 2 point cross country on the snowmachine.
And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?
Will other states be protected by the EQUAL PROTECTION clause ?
Will other states be protected against a ban by the EQUAL PROTECTION clause ?
I want to see lawmakers have the guts to call Obama out for not enforcing immigration law and supporting “sanctuary cities” if he tries to get tough about this. At least we have the Constitution on our side, his non-enforcement of immigration law doesn’t. In fact, it would be great if we started talking about “sanctuary states” for supporters of the Second Aendment.
Could get very interesting very quickly.
I have already lost count on how many states have done this, how many have introduced bills, etc. It is happening fast, however. The reaction time of Republican legislatures and governors is getting very fast.
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