Suppressors legal in AK W/O fed stamp?

[Chez]

I heard on the radio that Ak passed an amendment to the state Constitution in 2013(?) stating something about federal gun laws do not apply here. I read online 13(?) other states have done very similar things to protect their citizens from fed over-reach.

Does that mean we (AK residents) can build, buy or sell suppressors or full auto weapons as long as they stay in the state? Does anyone have a link to the amendment and a translation into non-lawyer terms??

 

[iofthetaiga]

AS 44.99.500 Language same as used by other states, and known at the time to be frivolous.

 

[Chez]

AS 44.99.500 Language same as used by other states, and known at the time to be frivolous.

Why is it frivolous? Are states not aloud to make their own laws now?

I'm not being a smart *****, just wanting to know the details and see if anyone actually asked this question to anyone in power in Alaska?

From what I read it seems to be legal to make something as long as its engraved "Made in Alaska"

As an example, pot is federally regulated but many states (and now Alaska) have legalized it and the feds are not doing anything.

We also have "sanctuary cities" for illegals to go to for sanctuary, drivers licenses, free health care etc... and the feds are not doing anything to stop that (at least until Trump is sworn in, thank God!)

Dont get me wrong, I do not agree with those two examples but they are "law" and are not Rights protected under the Constitution/Bill of Rights

 

[Libertine]

I don't think I would be one to challenge the supremacy of Federal law over State law.


However, if you are hanging your hat on some sort of interstate commerce argument under the 1934 NFA, or other federal gun laws, you could be the test case for intrastate production/commerce of suppressors and/or machine guns.


We really won't know until someone gets arrested and prosecuted under the Federal gun laws, and then the defendant argues a State statute.


It will be an interesting event for sure. And the defendant better have deep pockets.

 

[iofthetaiga]

Why is it frivolous? Are states not aloud to make their own laws now?

Not interested in debating it. You asked about the statute, I pointed it out. At the time it was being debated it was pointed out by many that it was a frivolous waste of time. A bunch of R's pushed it through tho (apparently they felt they had nothing better to do with their legislative time than give Alaska's oil away for free and push frivolous legislation). You want to test it out, I say more power to ya. Didn't work out so well for the guys in Kansas tho, just say'n.

 

[Akheloce]

I have a registered suppressor.

I was pulled over by AST on the Kenai a year ago, and was challenged to provide a copy of my tax stamp.

Whether theoretically legal by AK law or not, had I not had a copy of my tax stamp, the trooper would have (and said we would) seize my suppressor and charge my with misconduct involving a weapon in the 5th degree.

 

[Ak Bird Brain]

This guy used a similar Kansas law and is in hot water because of it. http://bearingarms.com/ba-staff/2016/11/25/kansas-mans-homemade-suppressors-clash-federal-law/

 

[AGL4now]

There is a fair chance of the Safe Hearing Act getting some traction with the new administration.

 

[gbflyer]

Suppressors legal in AK W/O fed stamp?

I have a registered suppressor.

I was pulled over by AST on the Kenai a year ago, and was challenged to provide a copy of my tax stamp.

Whether theoretically legal by AK law or not, had I not had a copy of my tax stamp, the trooper would have (and said we would) seize my suppressor and charge my with misconduct involving a weapon in the 5th degree.

That's interesting and I believe you. Good job having your stamp. I'm pretty sure you don't legally have to show your stamp to anyone but the BATF even though other LE can make your life miserable for it. I believe you experienced another example of LE not understanding the law. But I could be wrong.

I agree with the above sentiment that I wouldn't want to pioneer the way for the State law.

 

[gunbugs]

If you believe Federal firearms laws don't apply to you, then go ahead and spin up your own can. Keep us posted on you legal expenses after you get bonded out of jail. I've always said it is WAY cheaper to pay a 200.00 federal transfer tax than to pay an attorney to defend you in Federal court against Federal firearms violations. The Feds don't have a sense of humor about this stuff. But hey, give it a try, keep us posted.

 

[4merguide]

Kinda makes a guy wonder....why have any state laws at all when the feds can trump any one they choose...??? So if a ranger catches you smoking pot on "their" sacred KNWR, can he write you citation?......lol.

 

[akula682]

Kinda makes a guy wonder....why have any state laws at all when the feds can trump any one they choose...??? So if a ranger catches you smoking pot on "their" sacred KNWR, can he write you citation?......lol.

(don't forget that the first civil war was fought over states rights.)

in short, they cant IF they are following the constitution. And we all (well most of us) know that the Federal Government doesn't follow the Constitution, especially this past 8 years.

This is a total mismanagement of the Federal and State systems, when the country was set up each state was to be its own body, with the Federal Government just making sure that the States played nice with each other and making sure that the Constitution was being followed, and it was for a time. But over the years the Federal Government has established itself as an overreaching behemoth hellbent on total control, if that happens it will be the end of the country. Yes the people who love being told what to do and when to do it will disagree, simply because their masters told them to disagree with the people who value freedom.

IDK why some (large groups) of people "need" to be told what to do and when to do it.

Now, having said that, like it was said earlier... it is much cheaper to pay the $200. If the Hearing protection act goes through, burn your stamp, frame it or whatever.

 

[Chez]

Not interested in debating it. You asked about the statute, I pointed it out. At the time it was being debated it was pointed out by many that it was a frivolous waste of time. A bunch of R's pushed it through tho (apparently they felt they had nothing better to do with their legislative time than give Alaska's oil away for free and push frivolous legislation). You want to test it out, I say more power to ya. Didn't work out so well for the guys in Kansas tho, just say'n.

Sounds like you have been against it from the beginning, sad... I dont agree with everything the "R's" do but I've never seen a "D" do anything pro-gun or pro 2A and this is definitely a pro-2A statute

I DO NOT have any intention of breaking the law, thats why I asked the question about how the law interacts with fed law. I work two jobs just to scrape by but if anyone in this state was harassed by the feds for this I would give every last penny to help the guy out with his legal bills.

I'm going to read more about the Kansas guy and like someone mentioned, if the hearing protection act gets passed it wont be an issue. \

If we dont stand together we will surely fall apart. Look at Ca, NY, NJ, MD and many others, they're loosing their 2A rights left and right, we cant let that happen up here

 

[Chez]

I have a registered suppressor.

I was pulled over by AST on the Kenai a year ago, and was challenged to provide a copy of my tax stamp.

Whether theoretically legal by AK law or not, had I not had a copy of my tax stamp, the trooper would have (and said we would) seize my suppressor and charge my with misconduct involving a weapon in the 5th degree.

I wounder if that cop is going to be busting all the pot shops opening up now??

 

[Smitty of the North]

Kinda makes a guy wonder....why have any state laws at all when the feds can trump any one they choose...??? So if a ranger catches you smoking pot on "their" sacred KNWR, can he write you citation?......lol.

Yeah, and what good are State Laws, when the Feds. can Sue a state for enforcing them?

SOTN

 

[ak_cowboy]

I'd wait until Feb 6 and see how his case goes. If nothing else, don't sell your homemade ones and don't advertise that you are using one

Sent from my SAMSUNG-SM-G900A using Tapatalk

 

[akula682]

Yeah, and what good are State Laws, when the Feds. can Sue a state for enforcing them?

SOTN

i still have trouble wrapping my head around that "logic"... so many in government need to be arrested for that and a lot of other things that have happened in the last 8 years. After that block of time is taken care of we can go back further.

 

[cdparker]

And of course, everything on the internet is true. Call ATF and ask them directly. I don't think that what you read is Gospel.

 

[Chez]

And of course, everything on the internet is true. Call ATF and ask them directly. I don't think that what you read is Gospel.

Call the DEA and ask them about dealing pot. If they offer a reward I can show them 2-4 shops here in the soldotna/Kenai area

 

[Chez]

I'd wait until Feb 6 and see how his case goes. If nothing else, don't sell your homemade ones and don't advertise that you are using one

Sent from my SAMSUNG-SM-G900A using Tapatalk

LOL, I'm not risking my freedom for a can!!

But I will ask questions until I get an answer that confirms whether or not the state laws prevail. If enough of us ask we will get an answer and preferably something in writing.