The 26th Alaska State Legislature, 2009 - 2010||
Sponsor Statement: House Bill 186
AK Firearms Exempt from Federal Regulation
|Signed Into Law! Chapter 23 SLA 10|
Sponsored by Rep. Mike Kelly
Co-Sponsors: Rep. Wilson, Rep. Lynn, Rep. Gatto, Rep. Ramras, Rep. Austerman, Rep. Stoltze, Rep. Hawker, Rep. Dahlstrom, Rep. Johnson, Rep. Millett, Rep. Neuman, Rep. Harris, Rep. Wilson, Sen. Dyson, Sen. Wagoner, Rep. Thomas, Sen. Bunde, Sen. Ellis, Sen. McGuire, Sen. Meyer, Sen. Wielechowski, Sen. Menard, Sen. Huggins, Sen. Stevens
“An Act declaring that certain firearms and accessories are exempt from federal regulation.”
Posted: April 14, 2009 : v26-LS0627\P
Bill Version: CSHB 186(FIN) AM
Status: Chapter 23 SLA 10 : 2010-05-27
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 goverenment 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 requires 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 accessorty, 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. The federal government has historically used the Interstate Commerce Clause to regulate firearms and has consistently pursued legislation that imposes its will on states. Outdoorsmen, hunters, and Alaskans defending their families and property will benefit from this passage of CSHB 186(FIN).