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Alaska Bill exempts state from Federal firearms bans, criminalizes attempts at enforcement
http://legiscan.com/AK/text/HB69 ^ | 16 Jan 13 | Justin Giles

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
Introduced: 1/16/13
Referred:

A BILL

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

30 registered.

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).


TOPICS: News/Current Events
KEYWORDS: akhb69; banglist; guncontrol; secondamendment; statesrightsalaska; styg
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STICK TO YOUR GUNS
1 posted on 01/17/2013 10:45:41 AM PST by SENTINEL
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To: SENTINEL; Travis McGee; 2ndDivisionVet

Please forward.


2 posted on 01/17/2013 10:47:28 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: SENTINEL

More than one way to skin a commie - at the state level.


3 posted on 01/17/2013 10:57:30 AM PST by jersey117
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To: SENTINEL

This is one of many reasons why I want to move to Alaska.


4 posted on 01/17/2013 11:00:06 AM PST by notpoliticallycorewrecked (Our military does not kill babies, those that commit abortion kill babies.)
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To: jersey117
"The Alaska Misdemeanor charges for Class B also involve going to jail for about the period of six months or paying the equivalent amount of $1,000. this price can also be lesser depending on the particular offence committed."

The right to self defense in Alaska, on one's own property, against someone committing a crime is virtually unrestricted.

5 posted on 01/17/2013 11:02:24 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: SENTINEL

http://www.adn.com/2013/01/16/2755382/federal-agents-would-face-arrest.html

Making the news


6 posted on 01/17/2013 11:03:52 AM PST by HollyB
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To: notpoliticallycorewrecked

Come on up! :-)


7 posted on 01/17/2013 11:06:54 AM PST by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: SENTINEL

Between this and the pot issue, we may just fix our fed govt problem!


8 posted on 01/17/2013 11:07:14 AM PST by stuartcr ("I upraded my moral compass to a GPS, to keep up with the times.")
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To: SENTINEL
It has to be passed, then it has to stand up to the “sure-thing” decision that it is “unconstitutional.”

We are long past using law to stop oppression.

9 posted on 01/17/2013 11:07:32 AM PST by Wordkraft (Remember who the Collaborators are.)
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To: Wordkraft

I agree with you, but it is good to see some legislative push-back.


10 posted on 01/17/2013 11:10:53 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: SENTINEL
How quick will this go through? I'm sure Parnell will sign??

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.

11 posted on 01/17/2013 11:12:38 AM PST by Eska
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To: SENTINEL
Two reasons why Alaskans need their guns:


12 posted on 01/17/2013 11:14:48 AM PST by Slyfox (The key to Marxism is medicine - V. Lenin)
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To: SENTINEL

And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?


13 posted on 01/17/2013 11:17:18 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: SENTINEL

Will other states be protected by the EQUAL PROTECTION clause ?


14 posted on 01/17/2013 11:18:03 AM PST by Lionheartusa1 (-: Socialism & Communism are the equal distribution of misery :-)
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To: SENTINEL

Will other states be protected against a ban by the EQUAL PROTECTION clause ?


15 posted on 01/17/2013 11:19:35 AM PST by Lionheartusa1 (-: Socialism & Communism are the equal distribution of misery :-)
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To: PapaBear3625

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.


16 posted on 01/17/2013 11:23:19 AM PST by mrsmel (One Who Can See)
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To: PapaBear3625
"And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?

Could get very interesting very quickly.

17 posted on 01/17/2013 11:24:38 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: PapaBear3625
And when Holder declares that anybody involved will be charged for obstruction of justice, and hauled away by federal marshals?

You mean by 1 or 2 of the less than 15 or 20 US Marshal's in the whole state of Alaska? The US Marshal Service isn't an army, there's less than 4,000 in the whole US and territories and I'm going to bet 99% of them are going to be in the lower 48 busier with other crap to do.

It's the same as local police trying to enforce unconstitutional laws.....if they try, it's going to get their already small numbers even smaller.
18 posted on 01/17/2013 11:31:00 AM PST by brent13a
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To: brent13a
Put another way, how many local law enforcement officials would be willing to arrest a federal officer, knowing that laying hands on him subjects them to between 8 and 20 years in federal prison under 18 USC 111?
19 posted on 01/17/2013 11:43:51 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: SENTINEL

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.


20 posted on 01/17/2013 11:44:44 AM PST by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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