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savage
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montana just passed allmost the same thing. Wow.
 

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nice.

CS FOR HOUSE BILL NO. 186(FIN) am
01 "An Act declaring that certain firearms and accessories are exempt from federal
02 regulation."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
05 to read:
06 FINDINGS. The legislature finds that the authority for this Act is the following:
07 (1) the Tenth Amendment to the Constitution of the United States guarantees
08 to the states and their people all powers not granted to the federal government elsewhere in
09 the constitution and reserves to the state and people of Alaska certain powers as they were
10 intended at the time that Alaska was admitted to statehood in 1959; the guaranty of those
11 powers is a matter of contract between the state and people of Alaska and the United States as
12 of the time that the compact with the United States was agreed upon and adopted by Alaska
13 and the United States in 1959;
14 (2) the Ninth Amendment to the Constitution of the United States guarantees
01 to the people rights not granted in the constitution and reserves to the people of Alaska certain
02 rights as they were intended at the time that Alaska was admitted to statehood in 1959; the
03 guaranty of those rights is a matter of contract between the state and people of Alaska and the
04 United States as of the time that the compact with the United States was agreed upon and
05 adopted by Alaska and the United States in 1959;
06 (3) the regulation of intrastate commerce is vested in the states under the
07 Ninth and Tenth Amendments to the Constitution of the United States, particularly if not
08 expressly preempted by federal law; the United States Congress has not expressly preempted
09 state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of
10 firearms, firearm accessories, and ammunition;
11 (4) the Second Amendment to the Constitution of the United States reserves to
12 the people the right to keep and bear arms as that right was intended at the time that Alaska
13 was admitted to statehood in 1959, and the guaranty of the right is a matter of contract
14 between the state and people of Alaska and the United States as of the time that the compact
15 with the United States was agreed upon and adopted by Alaska and the United States in 1959;
16 (5) art. I, sec. 19, Constitution of the State of Alaska clearly secures to Alaska
17 citizens and prohibits government interference with the right of individual Alaska citizens to
18 keep and bear arms.
19 * Sec. 2. AS 44.99 is amended by adding a new section to read:
20 Article 5. Alaska Firearms Freedom Act.
21 Sec. 44.99.500. State policy, declarations, and requirements concerning
22 certain firearms not in interstate commerce and not subject to federal regulation.
23 (a) A personal firearm, a firearm accessory, or ammunition that is manufactured
24 commercially or privately in this state and that remains in the state is not subject to
25 federal law or federal regulation, including registration, under the authority of the
26 United States Congress to regulate interstate commerce as those items have not
27 traveled in interstate commerce.
28 (b) This section applies to a firearm, a firearm accessory, or ammunition that
29 is manufactured in this state from basic materials and that can be manufactured
30 without the inclusion of any significant parts imported from another state. Generic and
31 insignificant parts that have other manufacturing or consumer product applications are
01 not firearms, firearm accessories, or ammunition, and their importation into this state
02 and incorporation into a firearm, a firearm accessory, or ammunition manufactured in
03 this state does not subject the firearm, firearm accessory, or ammunition to federal
04 regulation. Basic materials, such as unmachined steel and unshaped wood, are not
05 firearms, firearm accessories, or ammunition and are not subject to congressional
06 authority to regulate firearms, firearm accessories, and ammunition under interstate
07 commerce as if they were actually firearms, firearm accessories, or ammunition. The
08 authority of the United States Congress to regulate interstate commerce in basic
09 materials does not include authority to regulate firearms, firearm accessories, and
10 ammunition made in this state from those materials. Firearm accessories that are
11 imported into this state from another state and that are subject to federal regulation as
12 being in interstate commerce do not subject a firearm to federal regulation under
13 interstate commerce because they are attached to or used in conjunction with a firearm
14 in this state.
15 (c) A firearm manufactured or sold in this state and not subject to federal
16 regulation under this section must have the words "Made in Alaska" clearly stamped
17 on a central metallic part, such as the receiver or frame.
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 manufactured
22 and retained within this state.
23 (e) In this section,
24 (1) "firearm accessory" means an item that is used in conjunction with
25 or mounted on a firearm but is not essential to the basic function of a firearm,
26 including a telescopic or laser sight, magazine, flash or sound suppressor, folding or
27 aftermarket stock and grip, speedloader, ammunition carrier, and light for target
28 illumination;
29 (2) "generic and insignificant parts" includes springs, screws, nuts, and
30 pins;
31 (3) "manufactured" means a firearm, a firearm accessory, or
01 ammunition that has been created from basic materials for functional usefulness,
02 including forging, casting, machining, or other processes for working materials.
03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
04 read:
05 APPLICABILITY. AS 44.99.500, added by sec. 2 of this Act, applies to firearms,
06 firearm accessories, and ammunition that are manufactured and retained in this state after
07 October 1, 2009.
 

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III
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They're right wing extremists and should be watched cause they're not law abiding citizens. Nappy's heads gonna explode if one more state does this. :laughing:
 

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Could we really be that lucky?
If only Arizona would do it just to spite her (it?). :laughing:

I think I'll take the time to write to my state reps and suggest it. :D

.
 

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Premium Member
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16,670 Posts
If only Arizona would do it just to spite her (it?). :laughing:

I think I'll take the time to write to my state reps and suggest it. :D

.
do it :evil:

So if enough states got this passed wonder if they could amend it to recognize products of other states? Sorta how some states allow other states CCW permits?
 

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They're right wing extremists and should be watched cause they're not law abiding citizens. Nappy's heads gonna explode if one more state does this. :laughing:
I will be the first to nominate my state. California is backwards, fat, and full of hippies. This would be a step in the right direction.:grinpimp::flipoff2:
 

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so what happens if you move to alaska? the guns you bring with you would have to be registered?
 

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so what happens if you move to alaska? the guns you bring with you would have to be registered?
No.

As I understand it, the federal government has claimed (and courts have held) that a firearm involved in interstate commerce, is within the fed's jurisdiction to regulate. The regulation of interstate commerce (authority specifically given to the federal government in the Constitution) has been used, repeatedly, by the feds, as justification for why they have the authority to regulate guns, drugs, and no shortage of other stuff, even when the item(s) in question, like homegrown MJ for the grower's own consumption, do not actually enter into interstate commerce, but the claim is that the very existence of an item (legal or illegal) affects, to some miniscule degree, the interstate market for that item, thereby being interstate commerce, and subject to federal regulation.

In one case, a homemade machine gun was found to not be involved in interstate commerce, and therefore not within the fed's right to regulate it, but the maker was nonetheless prosecuted successfully for other weapons based regulations (felon in posession of a gun among other things IIRC) and jailed.

Alaska, Montana, and a few other states, are now in the process of legally affirming that guns made and kept within their states, are not subject to the fed's regulations, because the premise for federal regulation, being interstate commerce, does not apply to something that doesn't travel interstate.

Montana's proposed legislation specifically notes that machine guns are not within their scope of "this is intrastate, so mitts off, feds" protection; Alaska's (apparently) does not. I wonder if Alaska intends for intrastate firearms manufacturing and commerce to override the NFA... and further, how it'll play in court when somebody goes that way.
 

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No.

As I understand it, the federal government has claimed (and courts have held) that a firearm involved in interstate commerce, is within the fed's jurisdiction to regulate. The regulation of interstate commerce (authority specifically given to the federal government in the Constitution) has been used, repeatedly, by the feds, as justification for why they have the authority to regulate guns, drugs, and no shortage of other stuff, even when the item(s) in question, like homegrown MJ for the grower's own consumption, do not actually enter into interstate commerce, but the claim is that the very existence of an item (legal or illegal) affects, to some miniscule degree, the interstate market for that item, thereby being interstate commerce, and subject to federal regulation.

In one case, a homemade machine gun was found to not be involved in interstate commerce, and therefore not within the fed's right to regulate it, but the maker was nonetheless prosecuted successfully for other weapons based regulations (felon in posession of a gun among other things IIRC) and jailed.

Alaska, Montana, and a few other states, are now in the process of legally affirming that guns made and kept within their states, are not subject to the fed's regulations, because the premise for federal regulation, being interstate commerce, does not apply to something that doesn't travel interstate.

Montana's proposed legislation specifically notes that machine guns are not within their scope of "this is intrastate, so mitts off, feds" protection; Alaska's (apparently) does not. I wonder if Alaska intends for intrastate firearms manufacturing and commerce to override the NFA... and further, how it'll play in court when somebody goes that way.

The way I read it, Montana did allow Suppressors and SBR's and the like, just not MGs?
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