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: A Public Defender's Life in Alaska

So, Alaska wants to pass a law exempting certain firearms from federal regulation. The Alaska Firearms Freedom Act (HB 186 and SB 146) would mean that 'made in Alaska' firearms would not be subject to federal regulation. There would be certain requirements, like a "Made in Alaska" stamp. The big issue, of course, is whether it is constitutional. The Legislature is relying on the Tenth Amendment to the Constitution of the
United States. This Amendment guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution. The new law would provide that "
A personal firearm, a firearm accessory, or ammunition that is 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." Now, obviously, I think this is a great law. The more guns the better. However, I am not sure the Supreme Court will buy it, even after Heller. The most basic problem is that even in the finished product was not the product of interstate commerce, all of the component parts were. I mean how many steel plants are there in Alaska? The Supreme Court has interpreted the Interstate Commerce clause broadly. I hear the idea is to get these laws to the Supreme Court as soon as possible. This law has already been enacted in Montana and I understand Texas is following suit. How cool would that be? Machine guns for everyone! Power to the People.

Full post as published by A Public Defender's Life in Alaska on May 19, 2009 (boomark / email).