Maine Law Takes Unexpected Turn; Alaska Governor Approves 2nd Amendment Preservation Act

June 25, 2013: The Maine Legislature voted to pass an amended version of the background check bill we have been following. The amended version awaits the Governor’s approval or veto (available here).  If approved, the bill will create both a “strict liability” offense for selling or transferring a firearm to a prohibited person and a separate offense where the seller/transferor “intentionally or knowingly” sells/transfers a firearm to a person that the seller/transferor “knows or believes” is a prohibited person. The bill provides an affirmative defense to the “strict liability” provision where the seller/transferor obtains a clean background check on the buyer/transferee prior to the sale/transfer.  The Governor has until July 1 to sign the bill.
Meanwhile, on Friday, the Alaska Governor signed the “2nd Amendment Preservation Act” into law.  The new law (available here) declares that no state agency or the Federal government may enforce any Federal law/regulation which violates the right to bear arms by banning or requiring the registration of any semi-automatic firearm or magazine, and prohibits state and municipal agencies from devoting assets to implementing any Federal law/regulation or order of the President which infringes upon the 2nd Amendment.  The Act further requires the Alaska Attorney General to commence any legal action necessary to prevent the implementation of any Federal law/regulation which infringes upon the right to bear arms and permits the Alaska Attorney General to defend any Alaska citizen prosecuted by the Federal Government under Federal law “concerning the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition possessed in [Alaska].”  The bill is effective immediately.