Alaska Updating their Firearms Freedom Act

Representative Chenault, along with cosponsors Representatives Millett, Johnson, and Wilson, have introduced HB069 that builds on their previous Firearms Freedom act of 2010 HB 186.

Currently HB069 is assigned to the House Judiciary Committee.

HB069 has minor changes to the previous Firearms Freedom Act of 2010. This bill removes the “made in Alaska” stamp requirement from HB 186. Instead, Alaska will have to acknowledge all legally obtained firearms possessed in the state of Alaska as not subject to any federal acts, laws, or regulations.

HB069 states, “A personal firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured commercially or privately in this state and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.”

The bill continues, “The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in this state or made in this state from those materials. Firearm accessories that are imported into this state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in this state.”

Unlike the 2010 bill, HB069 has a penalty for anyone enforcing federal bans or regulations on firearms in Alaska.

“A federal statute, regulation, rule, or order enacted or effective on or after the effective date of this Act is unenforceable in this state if the federal statute, regulation, rule, or order attempts to (1) ban or restrict ownership of a semiautomatic firearm or a magazine of a firearm; or (2) require a firearm, magazine, or other firearm accessory to be registered. An official, agent, or employee of the federal government who enforces, attempts to enforce a federal statute, regulation, rule, or order that is unenforceable under this section is guilty of a class B misdemeanor and may be punished as provided in AS 12.55.”

A class B misdomeanor holds a fine of $2,000 and may be sentenced to not more than 90 days of prison.

Representative Mike Chenault said on his webpage. “Tragedy is not a license for federal encroachment of constitutionally protected freedoms. We can all agree that what happened in Newtown, Connecticut was an absolute tragedy. But what we fundamentally disagree on is how you meet the challenge it presented… “The President shouldn’t parade out children and pull on emotional heart strings on something as important as executing orders to circumvent the Congress and weaken the Second Amendment to the U.S. Constitution. Former Fairbanks Representative Mike Kelly stood up for Alaskans’ gun rights during the 26th Legislature, and I hope to carry on his legacy with this new bill.”

This bill is similar to the Second Amendment Preservation Acts in Texas and Wyoming.

“We need to lessen federal incursion into our lives and protect our hard-fought rights,” Chenault said. “Alaskans deserve the right to protect themselves how they see fit, under the law of the land duly passed by the Congress, not presidential fiat.”

Action Items

To get HB069 to be voted on by the Alaskan House Judiciary Committee, contact committee members here:

Chair:
Representative Keller, District 7
Phone: 465-2186
Email: [email protected]

Members:
Representative Foster, District 39
Phone: 465-3789
Email: [email protected]

Representative LeDoux, District 13
Phone: 465-4998
Email: [email protected]

Representative Lynn, District 23
Phone: 465-4931
Email: [email protected]

Representative Millett, District 24
Phone: 465-3879
Email: [email protected]

Representative Pruitt, District 25
Phone: 465-3438
Email: [email protected]

Representative Gruenberg, District 14
Phone: 465-4940
Email: [email protected]

If you are not an Alaskan resident but would like to introduce a Second Amendment Preservation act, go to the Tenth Amendment Center’s Model Legislation here.