Alabama Firearms and Ammo Bill

114745-1 2

By Representative Gipson 3

RFD: Commerce 4

First Read: 12-JAN-10 5

PFD: 12/08/2009 6

114745-1:n:09/29/2009:KBH/th LRS2009-4167 1

SYNOPSIS: This bill would exempt from federal 8

regulation under the Commerce Clause of the United 9

States Constitution a firearm, a firearm accessory, 10

or ammunition manufactured and retained within the 11

borders of Alabama. 12

This bill would also exclude certain 13

firearms and ammunition from this act. 14

A BILL 16

TO BE ENTITLED 17

AN ACT 18

Relating to firearms, firearm accessories, and 20

ammunition manufactured and retained within the borders of 21

Alabama; to exempt from federal regulation under the Commerce 22

Clause of the United States Constitution a firearm, a firearm 23

accessory, or ammunition manufactured and retained in Alabama; 24

and to exclude certain firearms and ammunition from this act. 25

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 26

Section 1. This act shall be known and may be cited 1

as the Alabama Firearms Freedom Act. 2

Section 2. The Legislature finds all of the 3

following: 4

(1) The Tenth Amendment to the United States 5

Constitution guarantees to the states and their people all 6

powers not granted to the federal government elsewhere in the 7

Constitution or prohibited by the Constitution to the states, 8

and reserves to the State of Alabama and its people certain 9

powers as they were understood at the time that Alabama was 10

admitted to statehood in 1819. The guaranty of those powers is 11

a matter of contract between the State of Alabama and its 12

people and the United States as of the time that the compact 13

with the United States was agreed upon and adopted by Alabama 14

and the United States in 1819. 15

(2) The Ninth Amendment to the United States 16

Constitution guarantees to the people that the enumeration of 17

certain rights in the Constitution does not deny other rights 18

not expressly granted in the Constitution and reserves to the 19

people of Alabama certain rights as they were understood at 20

the time that Alabama was admitted to statehood in 1819. The 21

guaranty of those rights is a matter of contract between the 22

State of Alabama and its people and the United States as of 23

the time that the compact with the United States was agreed 24

upon and adopted by Alabama and the United States in 1819. 25

(3) The regulation of intrastate commerce is vested 26

in the states under the Ninth and Tenth Amendments to the 27

United States Constitution, particularly if not expressly 1

preempted by federal law. Congress has not expressly preempted 2

state regulation of intrastate commerce pertaining to the 3

manufacture on an intrastate basis of firearms, firearm 4

accessories, and ammunition. 5

(4) The Second Amendment to the United States 6

Constitution reserves to the people the right to keep and bear 7

arms as that right was understood at the time that Alabama was 8

admitted to statehood in 1819. The guaranty of that right is a 9

matter of contract between the State of Alabama and its people 10

and the United States as of the time that the compact with the 11

United States was agreed upon and adopted by Alabama and the 12

United States in 1819. 13

(5) Section 26 of the Official Recompilation of the 14

Constitution of Alabama of 1901, as amended, secures to 15

Alabama citizens, and prohibits government interference with, 16

the right of an individual Alabama citizen to bear arms in 17

defense of himself or herself and the state. This 18

constitutional protection is unchanged from the Alabama 19

Constitution of 1819, which was approved by Congress, and the 20

right exists as it was understood at the time that the compact 21

with the United States was agreed upon and adopted by Alabama 22

and the United States in 1819. 23

Section 3. For the purposes of this act, the 24

following words shall have the following meanings: 25

(1) BORDERS OF ALABAMA. The boundaries of Alabama as 1

described in Section 37 of the Official Recompilation of the 2

Constitution of Alabama of 1901, as amended. 3

(2) FIREARM ACCESSORIES. Items that are used in 4

conjunction with or mounted upon a firearm but are not 5

essential to the basic function of a firearm, including, but 6

not limited to, telescopic or laser sights, magazines, flash 7

or sound suppressors, folding or aftermarket stocks and grips, 8

speedloaders, ammunition carriers, and lights for target 9

illumination. 10

(3) GENERIC AND INSIGNIFICANT PARTS. Includes, but 11

is not limited to, springs, screws, nuts, and pins. 12

(4) MANUFACTURED. A firearm, a firearm accessory, or 13

ammunition that has been created from basic materials for 14

functional usefulness, including, but not limited to, forging, 15

casting, machining, or other processes for working materials. 16

Section 4. (a) A personal firearm, a firearm 17

accessory, or ammunition that is manufactured commercially or 18

privately in Alabama and that remains within the borders of 19

Alabama is not subject to federal law or federal regulation, 20

including registration, under the authority of Congress to 21

regulate interstate commerce, because those items have not 22

traveled in interstate commerce. 23

(b) This act applies to a firearm, a firearm 24

accessory, or ammunition that is manufactured in Alabama from 25

basic materials and that can be manufactured without the 26

inclusion of any significant parts imported from another 1

state. 2

(c) Generic and insignificant parts that have other 3

manufacturing or consumer product applications are not 4

firearms, firearm accessories, or ammunition, and their 5

importation into Alabama and incorporation into a firearm, a 6

firearm accessory, or ammunition manufactured in Alabama does 7

not subject the firearm, firearm accessory, or ammunition to 8

federal regulation. 9

(d) Basic materials, such as unmachined steel and 10

unshaped wood, are not firearms, firearm accessories, or 11

ammunition and are not subject to Congressional authority to 12

regulate firearms, firearm accessories, and ammunition under 13

interstate commerce as if they were actually firearms, firearm 14

accessories, or ammunition. 15

(e) The authority of Congress to regulate interstate 16

commerce in basic materials does not include authority to 17

regulate firearms, firearm accessories, and ammunition made in 18

Alabama from those materials. 19

(f) Firearm accessories that are imported into 20

Alabama from another state and that are subject to federal 21

regulation as being in interstate commerce do not subject a 22

firearm to federal regulation under interstate commerce 23

because they are attached to or used in conjunction with a 24

firearm manufactured in Alabama. 25

Section 5. This act shall not apply to any of the 26

following: 27

(1) A firearm that cannot be carried and used by one 1

person. 2

(2) A firearm that has a bore diameter greater than 3

one and one-half inches and that uses smokeless powder, not 4

black powder, as a propellant. 5

(3) Ammunition with a projectile that explodes using 6

an explosion of chemical energy after the projectile leaves 7

the firearm. 8

(4) A firearm that discharges two or more 9

projectiles with one activation of the trigger or other firing 10

device. 11

Section 6. A firearm manufactured or sold in Alabama 12

under this act must have the words "Made in Alabama" clearly 13

stamped on a central metallic part, such as the receiver or 14

frame. 15

Section 7. This act shall apply to firearms, firearm 16

accessories, and ammunition that are manufactured, pursuant to 17

this act, and retained in Alabama on or after October 1, 2010. 18

Section 8. This act shall become effective on the 19

first day of the third month following its passage and 20

approval by the Governor, or its otherwise becoming law. 21