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Alabama Bill #HB 48   View details of Bill | Go to Bill Online


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

SYNOPSIS: This bill would exempt from federal regulation under the Commerce Clause of the United States Constitution a firearm, a firearm accessory, or ammunition manufactured and retained within the borders of Alabama.
This bill would also exclude certain firearms and ammunition from this act.

A BILL TO BE ENTITLED AN ACT

Relating to firearms, firearm accessories, and ammunition manufactured and retained within the borders of Alabama; to exempt from federal regulation under the Commerce Clause of the United States Constitution a firearm, a firearm accessory, or ammunition manufactured and retained in Alabama; and to exclude certain firearms and ammunition from this act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the Alabama Firearms Freedom Act.

Section 2. The Legislature finds all of the following:
(1) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution or prohibited by the Constitution to the states, and reserves to the State of Alabama and its people certain powers as they were understood at the time that Alabama was admitted to statehood in 1819. The guaranty of those powers is a matter of contract between the State of Alabama and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Alabama and the United States in 1819.
(2) The Ninth Amendment to the United States Constitution guarantees to the people that the enumeration of certain rights in the Constitution does not deny other rights not expressly granted in the Constitution and reserves to the people of Alabama certain rights as they were understood at the time that Alabama was admitted to statehood in 1819. The guaranty of those rights is a matter of contract between the State of Alabama and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Alabama and the United States in 1819.
(3) The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearm accessories, and ammunition.
(4) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Alabama was admitted to statehood in 1819. The guaranty of that right is a matter of contract between the State of Alabama and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Alabama and the United States in 1819.
(5) Section 26 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, secures to Alabama citizens, and prohibits government interference with, the right of an individual Alabama citizen to bear arms in defense of himself or herself and the state. This constitutional protection is unchanged from the Alabama Constitution of 1819, which was approved by Congress, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Alabama and the United States in 1819.

Section 3. For the purposes of this act, the following words shall have the following meanings:
(1) BORDERS OF ALABAMA. The boundaries of Alabama as described in Section 37 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
(2) FIREARM ACCESSORIES. Items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.
(3) GENERIC AND INSIGNIFICANT PARTS. Includes, but is not limited to, springs, screws, nuts, and pins.
(4) MANUFACTURED. A firearm, a firearm accessory, or ammunition that has been created from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or other processes for working materials.

Section 4. (a) A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Alabama and that remains within the borders of Alabama is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce, because those items have not traveled in interstate commerce.
(b) This act applies to a firearm, a firearm accessory, or ammunition that is manufactured in Alabama from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.
(c) Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition, and their importation into Alabama and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Alabama does not subject the firearm, firearm accessory, or ammunition to federal regulation.
(d) 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.
(e) The authority of Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition made in Alabama from those materials.
(f) Firearm accessories that are imported into Alabama 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 manufactured in Alabama.

Section 5. This act shall not apply to any of the following:
(1) A firearm that cannot be carried and used by one person.
(2) A firearm that has a bore diameter greater than one and one-half inches and that uses smokeless powder, not black powder, as a propellant.
(3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
(4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

Section 6. A firearm manufactured or sold in Alabama under this act must have the words "Made in Alabama" clearly stamped on a central metallic part, such as the receiver or frame.

Section 7. This act shall apply to firearms, firearm accessories, and ammunition that are manufactured, pursuant to this act, and retained in Alabama on or after October 1, 2010.

Section 8. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

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