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HOUSE BILL NO. 209
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE EASTMAN
Introduced: 1/16/24
Referred: State Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to extreme risk protective orders; establishing the crime of
2 enforcement of an extreme risk protective order; and providing for an effective date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
5 to read:
6 SHORT TITLE. This Act may be known as the Anti Red Flag Act.
7 * Sec. 2. AS 18.66 is amended by adding a new section to read:
8 Sec. 18.66.145. State preemption of extreme risk protective orders. (a) The
9 legislature hereby occupies and preempts the entire field of legislation in the state
10 relating to federal or state extreme risk protective orders against a resident of the state
11 to the complete exclusion of an order, ordinance, or regulation by a municipality or
12 other political subdivision of the state.
13 (b) A federal statute, rule, or executive order or federal or state judicial order
14 that has the effect of forcing an extreme risk protective order or ex parte extreme risk
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1 protective order against a resident of the state, which would infringe the resident's
2 constitutional rights, including the right to keep and bear arms and the right of
3 freedom of speech, is unenforceable and of no effect in the state.
4 (c) A state agency or political subdivision of the state may not accept federal
5 grant funding to implement a federal statute, rule, or executive order or federal or state
6 judicial order that has the effect of enforcing an extreme risk protective order against a
7 resident of the state.
8 (d) This section applies to home rule municipalities.
9 (e) In this section, "extreme risk protective order" means an executive order,
10 written order, or warrant issued by a federal or state court or signed by a magistrate or
11 comparable officer of the court for which the primary purpose is to reduce the risk of
12 firearm-related death or injury by
13 (1) prohibiting an individual from owning, possessing, purchasing, or
14 receiving a firearm or having a firearm in the individual's custody or control; or
15 (2) removing a firearm from an individual or requiring the individual
16 to surrender a firearm.
17 (f) An individual, including a peace officer, who attempts to enforce a federal-
18 or state-implemented extreme risk protective order against a resident of the state is
19 guilty of a class C felony.
20 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
21 read:
22 APPLICABILITY. AS 18.66.145(f), enacted by sec. 2 of this Act, applies to extreme
23 risk protective orders filed before, on, or after the effective date of this Act.
24 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).
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Statutes affected:
HB0209A, AM HB 209, introduced 05/17/2023: