Sec. 44.99.500. State policy, declarations, and requirements concerning certain firearms not in interstate commerce and not subject to federal regulation.

598 words·~3 min read·/ak/title-44/chapter-99/44-99-500

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)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.

(b)This section applies to a firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition, and their importation into this state and incorporation into a firearm, a firearm accessory, or ammunition manufactured in this state does not subject the firearm, firearm accessory, or ammunition to federal regulation. Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearm accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearm accessories, and ammunition under interstate commerce as if they were actually firearms, firearm accessories, or ammunition. 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.

(c)A firearm manufactured or sold in this state and not subject to federal regulation under this section must have the words “Made in Alaska” clearly stamped on a central metallic part, such as the receiver or frame.

(d)The attorney general may defend a citizen of this state who is prosecuted by the government of the United States under the congressional power to regulate interstate commerce for violation of a federal law concerning the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition possessed in this state or manufactured and retained within this state.

(e)A federal statute, regulation, rule, or order adopted, enacted, or otherwise effective on or after June 21, 2013 is unenforceable in this state by an official, agent, or employee of this state, a municipality, or the federal government if the federal statute, regulation, rule, or order violates the Second Amendment to the Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska, by

(1)banning or restricting ownership of a semiautomatic firearm or a magazine of a firearm; or

(2)requiring a firearm, magazine, or other firearm accessory to be registered.

(f)The attorney general shall, under the Second Amendment to the Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska, file legal action necessary to prevent the implementation of a federal statute, regulation, rule, or order that violates the rights of a resident of the state.

(g)In this section,

(1)“generic and insignificant parts” includes springs, screws, nuts, and pins;

(2)“manufactured” means a firearm, a firearm accessory, or ammunition that has been created from basic materials for functional usefulness, including forging, casting, machining, or other processes for working materials.