FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

Alaska Gun Laws

Share this state
Table of Contents

Introduction

A unique attribute to Alaska (and Hawaii) is they are not a part of the contiguous United States, which simplifies the questions of reciprocal carry or interstate transportation to reach Alaska. The most likely scenario in which a non-resident would carry in Alaska would be by flying into the state.

While Alaska is the largest state in the United States, its remote location and harsher climate keeps population lower than most large cities, with a little over 740,000 in total population. It has no shared boundaries with any other U.S. state, but all foreign boundaries.

Share
Ask a question about this

A. State Constitution

As it relates to firearms, the Alaska Constitution states:

“A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The individual right to keep and bear arms shall not be denied or infringed by the state or political subdivision of the State.”

[http://gunla.ws/ak1]

Buy Gun Laws By State Now

Like what you see here? Buy the book today and support this information and the gun law community. Thank you!


Share
Ask a question about this

B. Scope of Preemption

Alaska’s legislature has codified state-based firearms’ preemption, but does give local government some authority consistent with home rule notions:

“The authority to regulate firearms is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxation, or registration of firearms.” [http://gunla.ws/ak2]

This preemption statute goes on to set forth and provide local governments with the limited ability to regulate, enact, and adopt laws regulating the discharge of firearms within city limits, or to ban firearms from certain restricted areas of government buildings.

Anchorage, Fairbanks, and Juneau all have some sort of local regulations, and posted regulation in the Federal Register may be found at the following hyperlink: [http://gunla.ws/atf]

Share
Ask a question about this

C. Reciprocal Carry

By statute in Alaska, anyone 21 or older may legally carry a firearm, and also carry it concealed, without having to have a state-issued permit. However, Alaskans must obtain a concealed carry permit for purposes of reciprocal carry.

Alaskan statutes direct that a person holding a valid permit to carry a concealed handgun from another state, or political subdivision of another state, is treated just as an Alaskan permittee (except for licenses from Idaho, which Alaska requires they be Enhanced). However, the legislature requires the Department of Public Safety to enter into reciprocity agreements with other states so that Alaskans are afforded the same rights to carry a handgun in other, reciprocal states.

Not all states have reciprocity with Alaska. Therefore, it is critical to verify the current status of reciprocity between the states in advance of this carry. Alaska’s most current reciprocity information may be referenced online. [http://gunla.ws/ak3]

Share
Ask a question about this

D. Duty to Notify Police Officer

A person otherwise lawfully carrying a concealed handgun, commits an illegal act if he/she fails to immediately inform a peace officer that he/she is carrying a concealed handgun or fails to allow the officer to secure the weapon or fails to secure the weapon at the direction of the peace officer. It is a felony for a federal official or agent to enforce new restrictions on gun ownership. [http://gunla.ws/ek5t]

Share
Ask a question about this

E. Carrying Firearms in Vehicles

Alaska permits anyone who may legally possess a firearm to possess a firearm while operating a motor vehicle, or to store a firearm in a locked motor vehicle when it is parked.

An employer or its agent may, however, prohibit firearm possession within a secured restricted area, in a vehicle owned, leased, or rented by the employer or its agent, or in a parking lot owned or controlled by the employer within 300 feet of the secured restricted area.

[http://gunla.ws/ak4]

Share
Ask a question about this

F. Constitutional Carry

Alaska permits anyone who is at least 21 years old and may legally possess a firearm to carry a handgun without a permit, openly or concealed. [http://gunla.ws/ak5]

Share
Ask a question about this

G. NFA Items

Alaska permits the ownership of all NFA items, provided they are legally obtained pursuant to federal law. Hunting with suppressors is legal. CLEOs are required to sign an application for the transfer of any item regulated under the NFA within 30 days if the applicant is not prohibited by law from receiving it.

[http://gunla.ws/zxat]

Share
Ask a question about this

H. Self-defense Laws

Alaska has both Castle Doctrine and SYG laws. There is no duty to retreat when attacked in any place You have a legal right to be, and You may use deadly force in self-defense if You reasonably believe it is necessary to prevent death or SBI, to prevent kidnapping, robbery, burglary, or forcible rape, or to stop the unlawful & forcible entry into Your dwelling, residence, or occupied motor vehicle. [http://gunla.ws/ak6]

Share
Ask a question about this

I. Criminal Provisions

There is no prohibition against carrying a handgun concealed or open, even without a license, so long as the prohibited behaviors regarding the carry are respected:

  • The person is 21 years or older
  • The person is eligible to own or possess a handgun under state and federal laws
  • The firearm is legal

Note: Alaska’s laws do not apply to federal property, offices, installations, or places under federal jurisdiction. Such places can include national parks, military bases, federal court buildings, space rented by federal offices, airports, or airport terminal areas. Please consult with the appropriate federal agency before deciding if weapon carry or concealed carry is permitted.

The owners or management of facilities, including such places as hospitals, universities, gymnasiums, or private property, may restrict or deny concealed carry on their premises. Failure to comply while on their property could violate trespass statutes.

A prudent person contemplating possessing a firearm in a state other than where they live should understand the other state’s basic criminal laws.

The top criminal acts relative to the state’s penal orientation relating to firearms are set forth.  It is critical, however, to remember every rule has exceptions that may or may not apply. And they may be contained in statutes, rules, regulations or cases. These too should be considered, as necessary, remembering always federal firearms law also applies in all states. In states that do not have complete state preemption, local laws must be followed. In states with Native American lands, additional tribal laws and restrictions on firearms apply.

[http://gunla.ws/ak7]

Under Alaska law, a license to carry a handgun does not permit carry in any of the following places or circumstances:

  • Anywhere prohibited by federal law
  • Aboard a commercial or charter aircraft
  • An area of an airport to which access is controlled by the inspection of persons and property
  • A courthouse
  • A domestic violence or sexual assault shelter
  • A child care center (except for a private residence being used as such)
  • In or on school property, property being used by a school for a school function, or a school bus (except for possession inside a motor vehicle being used to transport another to or from a school or school function). Note that You may have a firearm in the parking lot of a school as long as You are at least 21, not a student, and the firearm is unloaded and locked in Your vehicle
  • In the private residence of another, unless You have their permission
  • It is illegal to carry a firearm or have possession of it in Your occupied motor vehicle while under the influence of alcohol or drugs
Share
Ask a question about this

J. Carry in Restaurants That Serve Alcohol

No. In Alaska, a person commits the crime of misconduct involving weapons in the fifth degree if the person knowingly possesses a loaded firearm in any place where intoxicating liquor is sold for consumption on the premises. You are prohibited from carrying while consuming alcohol or while under the influence of alcohol. [http://gunla.ws/0y25]

Share
Ask a question about this

K. Do “No Gun Signs” Have the Force of Law?

Yes. If a property or establishment has a “No Guns” sign or the person in lawful possession communicates to you that guns are not allowed, you are prohibited from carrying on the property or into the establishment. Failure to obey such signs or verbal warnings constitutes trespass. [http://gunla.ws/cqnp]

Share
Ask a question about this

L. Open Carry

Open carry is legal in Alaska. Individuals who are legally allowed to possess a firearm may open carry without a permit/license. Places as listed in the “Criminal Provisions” above apply to those who open carry. The minimum age for open carry is 21.

Share
Ask a question about this

M. Other Considerations

In addition, always consider the other areas of restrictions relating to firearms and/or reciprocal carry, including, but not limited to the following:

  • Military bases
  • Native American reservations
  • Correctional facilities/courts
  • Federal buildings
  • Local government limitations
  • National parks and wildlife refuges
  • Hunting rules and regulations

For a list of places where carrying a firearm is prohibited, see:

[http://gunla.ws/ak8]

Share
Ask a question about this

Embed this paragraph

Have a website or blog? Copy and paste this into the html of your
website or blog.



FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More