Alabama Firearms and Ammo Bill |
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alabamatoy
Admin Group I dont work here anymore... Joined: 16 February 2004 Location: Signal Mountain Status: Offline Points: 9369 |
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Posted: 13 December 2009 at 8:53am |
This document has line numbers at the right end of each line. Interesting. Call or email your local rep and let 'em know how you feel a bout this.
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HB48 1
114745-1 2By Representative Gipson 3RFD: Commerce 4First Read: 12-JAN-10 5PFD: 12/08/2009 6Page 0 114745-1:n:09/29/2009:KBH/th LRS2009-4167 12 3 4 5 6 7 SYNOPSIS: This bill would exempt from federal 8regulation under the Commerce Clause of the United 9States Constitution a firearm, a firearm accessory, 10or ammunition manufactured and retained within the 11borders of Alabama. 12This bill would also exclude certain 13firearms and ammunition from this act. 1415 A BILL 16TO BE ENTITLED 17AN ACT 1819 Relating to firearms, firearm accessories, and 20ammunition manufactured and retained within the borders of 21Alabama; to exempt from federal regulation under the Commerce 22Clause of the United States Constitution a firearm, a firearm 23accessory, or ammunition manufactured and retained in Alabama; 24and to exclude certain firearms and ammunition from this act. 25BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 26Page 1 Section 1. This act shall be known and may be cited 1as the Alabama Firearms Freedom Act. 2Section 2. The Legislature finds all of the 3following: 4(1) The Tenth Amendment to the United States 5Constitution guarantees to the states and their people all 6powers not granted to the federal government elsewhere in the 7Constitution or prohibited by the Constitution to the states, 8and reserves to the State of Alabama and its people certain 9powers as they were understood at the time that Alabama was 10admitted to statehood in 1819. The guaranty of those powers is 11a matter of contract between the State of Alabama and its 12people and the United States as of the time that the compact 13with the United States was agreed upon and adopted by Alabama 14and the United States in 1819. 15(2) The Ninth Amendment to the United States 16Constitution guarantees to the people that the enumeration of 17certain rights in the Constitution does not deny other rights 18not expressly granted in the Constitution and reserves to the 19people of Alabama certain rights as they were understood at 20the time that Alabama was admitted to statehood in 1819. The 21guaranty of those rights is a matter of contract between the 22State of Alabama and its people and the United States as of 23the time that the compact with the United States was agreed 24upon and adopted by Alabama and the United States in 1819. 25(3) The regulation of intrastate commerce is vested 26in the states under the Ninth and Tenth Amendments to the 27Page 2 United States Constitution, particularly if not expressly 1preempted by federal law. Congress has not expressly preempted 2state regulation of intrastate commerce pertaining to the 3manufacture on an intrastate basis of firearms, firearm 4accessories, and ammunition. 5(4) The Second Amendment to the United States 6Constitution reserves to the people the right to keep and bear 7arms as that right was understood at the time that Alabama was 8admitted to statehood in 1819. The guaranty of that right is a 9matter of contract between the State of Alabama and its people 10and the United States as of the time that the compact with the 11United States was agreed upon and adopted by Alabama and the 12United States in 1819. 13(5) Section 26 of the Official Recompilation of the 14Constitution of Alabama of 1901, as amended, secures to 15Alabama citizens, and prohibits government interference with, 16the right of an individual Alabama citizen to bear arms in 17defense of himself or herself and the state. This 18constitutional protection is unchanged from the Alabama 19Constitution of 1819, which was approved by Congress, and the 20right exists as it was understood at the time that the compact 21with the United States was agreed upon and adopted by Alabama 22and the United States in 1819. 23Section 3. For the purposes of this act, the 24following words shall have the following meanings: 25Page 3 (1) BORDERS OF ALABAMA. The boundaries of Alabama as 1described in Section 37 of the Official Recompilation of the 2Constitution of Alabama of 1901, as amended. 3(2) FIREARM ACCESSORIES. Items that are used in 4conjunction with or mounted upon a firearm but are not 5essential to the basic function of a firearm, including, but 6not limited to, telescopic or laser sights, magazines, flash 7or sound suppressors, folding or aftermarket stocks and grips, 8speedloaders, ammunition carriers, and lights for target 9illumination. 10(3) GENERIC AND INSIGNIFICANT PARTS. Includes, but 11is not limited to, springs, screws, nuts, and pins. 12(4) MANUFACTURED. A firearm, a firearm accessory, or 13ammunition that has been created from basic materials for 14functional usefulness, including, but not limited to, forging, 15casting, machining, or other processes for working materials. 16Section 4. (a) A personal firearm, a firearm 17accessory, or ammunition that is manufactured commercially or 18privately in Alabama and that remains within the borders of 19Alabama is not subject to federal law or federal regulation, 20including registration, under the authority of Congress to 21regulate interstate commerce, because those items have not 22traveled in interstate commerce. 23(b) This act applies to a firearm, a firearm 24accessory, or ammunition that is manufactured in Alabama from 25basic materials and that can be manufactured without the 26Page 4 inclusion of any significant parts imported from another 1state. 2(c) Generic and insignificant parts that have other 3manufacturing or consumer product applications are not 4firearms, firearm accessories, or ammunition, and their 5importation into Alabama and incorporation into a firearm, a 6firearm accessory, or ammunition manufactured in Alabama does 7not subject the firearm, firearm accessory, or ammunition to 8federal regulation. 9(d) Basic materials, such as unmachined steel and 10unshaped wood, are not firearms, firearm accessories, or 11ammunition and are not subject to Congressional authority to 12regulate firearms, firearm accessories, and ammunition under 13interstate commerce as if they were actually firearms, firearm 14accessories, or ammunition. 15(e) The authority of Congress to regulate interstate 16commerce in basic materials does not include authority to 17regulate firearms, firearm accessories, and ammunition made in 18Alabama from those materials. 19(f) Firearm accessories that are imported into 20Alabama from another state and that are subject to federal 21regulation as being in interstate commerce do not subject a 22firearm to federal regulation under interstate commerce 23because they are attached to or used in conjunction with a 24firearm manufactured in Alabama. 25Section 5. This act shall not apply to any of the 26following: 27Page 5 (1) A firearm that cannot be carried and used by one 1person. 2(2) A firearm that has a bore diameter greater than 3one and one-half inches and that uses smokeless powder, not 4black powder, as a propellant. 5(3) Ammunition with a projectile that explodes using 6an explosion of chemical energy after the projectile leaves 7the firearm. 8(4) A firearm that discharges two or more 9projectiles with one activation of the trigger or other firing 10device. 11Section 6. A firearm manufactured or sold in Alabama 12under this act must have the words "Made in Alabama" clearly 13stamped on a central metallic part, such as the receiver or 14frame. 15Section 7. This act shall apply to firearms, firearm 16accessories, and ammunition that are manufactured, pursuant to 17this act, and retained in Alabama on or after October 1, 2010. 18Section 8. This act shall become effective on the 19first day of the third month following its passage and 20approval by the Governor, or its otherwise becoming law. 21Page 6 |
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