StrickenARKANSAS languageSENATE would93rd beGeneral deletedAssembly from- andRegular underlinedSession, language2021 wouldAmendment beForm added______________________________________________________________________ toSubtitle presentof law.Senate Bill No.

State59 ofTHE ArkansasARKANSAS AsSECOND Engrossed:AMENDMENT LIBERTIES SAFEGUARDS ACT.

S2/8/21______________________________________________________________________ S2/22/21Amendment S3/31/21No. 93rd General Assembly A Bill Regular Session, 2021 SENATE BILL 59 5 By:

Senators1 B.to Senate Bill 59 Amend Senate Bill No.

Ballinger,59 T.as originally introduced:

Garner,Delete B.the title in its entirety and substitute the following:

Johnson"AN By:ACT TO BE KNOWN AS THE INTRASTATE FIREARMS PROTECTION ACT;

RepresentativesTO Gonzales,PREVENT Pilkington,THE McCollum,UNITED DotsonSTATES 8GOVERNMENT ForFROM AnREGULATING ActTHE ToMANUFACTURE, BeASSEMBLY, EntitledAND ANTRADE ACTOF TOFIREARMS BEWITHIN KNOWN AS THE "INTRASTATEBORDERS FIREARMSOF PROTECTIONARKANSAS; ACT";

TOAND PREVENTFOR THEOTHER UNITEDPURPOSES." STATES GOVERNMENT FROM REGULATING THE MANUFACTURE, ASSEMBLY, AND TRADEDelete OFthe FIREARMSsubtitle ANDin AMMUNITIONits WITHINentirety THEand BORDERSsubstitute OFthe ARKANSAS;following:

AND"TO FORBE OTHERKNOWN PURPOSES.AS THE INTRASTATE FIREARMS PROTECTION ACT;

SubtitleAND TO BEPREVENT KNOWNTHE ASUNITED STATES GOVERNMENT FROM REGULATING THE "INTRASTATEMANUFACTURE, ASSEMBLY, AND TRADE OF FIREARMS PROTECTIONWITHIN ACT";THE BORDERS OF ARKANSAS" AND Delete everything after the enacting clause and substitute the following:

AND"SECTION TO2. PREVENT THE UNITED STATES GOVERNMENT FROM REGULATING THE MANUFACTURE, ASSEMBLY, AND TRADE OF FIREARMS AND AMMUNITION WITHIN THE BORDERS OF ARKANSAS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1.

(a)(1) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the United States Government elsewhere in the United States Constitution and reserves to the State of Arkansas and its people certain powers as those *BPG091*powers 03-31-2021were 13:32:01understood BPG091at Asthe Engrossed:time that Arkansas was admitted into statehood in 1836.

S2/8/21(2) S2/22/21The S3/31/21guaranty SB59of those powers wereis understooda atmatter of contract between the State of Arkansas and its people and the United States as of the time *.BPG206* BPG206 - 01-26-2021 15:28:52 Page 1 of 3 that Arkansasthe compact with the United States was admittedagreed intoupon statehoodand adopted by Arkansas and the United States in 1836.

(2) The guaranty of those powers is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.

(1) "Borders of Arkansas" means the boundaries of Arkansas described in the Arkansas Constitution, Article 1;

(2) "Firearms accessory" means an item that is used in 03-31-2021conjunction 13:32:01with BPG091or Asmounted Engrossed:upon a firearm but is not essential to the basic function of a firearm, including without limitation telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

S2/8/21 S2/22/21 S3/31/21 SB59 conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including without limitation telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

(a) A personal firearm, a firearmsfirearm accessory, or ammunition that is manufactured commercially or privately in Arkansas and that remains within the borders of Arkansas 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.BPG206 - 01-26-2021 15:28Amendment No.

(b)(1)1 This chapter applies to aSenate firearm,Bill a59 firearmsPage accessory,2 or ammunition that is manufactured in Arkansas from basic materials and that can be manufactured without the inclusion of any3 significantcommerce. parts imported from another state.

(2)(b)(1) GenericThis andchapter insignificantapplies partsto thata havefirearm, othera manufacturingfirearm oraccessory, consumer product applications that are not firearms, firearms accessories, or ammunition that areis importedmanufactured intoin Arkansas andfrom incorporationbasic intomaterials aand firearm,that acan firearmbe accessory, or ammunition manufactured inwithout Arkansas do not subject the firearm,inclusion firearmof accessory,any orsignificant ammunitionparts toimported federalfrom regulation.another state.

(2) Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition that are imported into Arkansas and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Arkansas do not subject the firearm, firearm accessory, or ammunition to federal regulation.

(4) The authority of the United States Congress to regulate 03-31-2021interstate 13:32:01commerce BPG091in Asbasic Engrossed:materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Arkansas from the materials contained in this subsection as long as the firearm is not taken or sold outside the boundaries of the state of Arkansas.

S2/8/21 S2/22/21 S3/31/21 SB59 interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Arkansas from the materials contained in this subsection as long as the firearm is not taken or sold outside the boundaries of the State of Arkansas.

A firearm manufactured or sold in Arkansas that is subject to this chapter must have the words "Made in Arkansas" orclearly otherand wordsconspicuously thatstamped stateon thata Arkansascentral ismetallic thepart, pointsuch ofas originthe ofreceiver theor firearmframe." clearlyThe andAmendment conspicuouslywas stampedread onthe afirst centraltime, metallicrules partsuspended suchand asread the receiversecond ortime frame.and _______________________ By:

4-21-105.Senator B.

UnlawfulBallinger enforcementBPG/BPG of- federal01-26-2021 statutes.15:28:52 _________________________ BPG206 Secretary BPG206 - 01-26-2021 15:28Amendment No.

(a)1 An employee of a state agency, a public servant of the state, or an agent or employee of the United States Government shall not knowingly enforce or attempt to enforceSenate anyBill act,59 law,Page statute,3 rule, or regulation of the3 United States Government created or effective on or after January 1, 2021, and relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in Arkansas so long as the personal firearm, firearm accessory, or ammunition is within the borders of Arkansas.

(b) A person who violates this section upon conviction is guilty of a 03-31-2021 13:32:01 BPG091 As Engrossed:

S2/8/21 S2/22/21 S3/31/21 SB59 Class A misdemeanor.

3 /s/B.

Ballinger 6 8 5 03-31-2021 13:32:01 BPG091