Quick Reference
Magazine Capacity Restrictions
Constitutional (Permitless) Carry Allowed
Red Flag Laws
Carry in Alcohol Establishments Allowed
Open Carry Allowed
No Weapons Signs Enforced by Law
NFA Weapons Allowed
Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Constitution of the State of Alaska - Article I, Section 19
“The right to keep and bear arms shall not be infringed."
Alaska’s firearm law history reflects a unique blend of pro-gun rights sentiment and evolving regulations. The state’s Constitution, adopted in 1956, explicitly protects the right to bear arms, emphasizing a culture of individual responsibility and self-defense. Significant legal cases, such as Dunbar v. State (1984), underscored the right to possess firearms for personal protection. In 1994, Alaska enacted a law allowing concealed carry without a permit, further solidifying its pro-firearm stance. Additionally, the 2008 Supreme Court case District of Columbia v. Heller influenced Alaska's interpretation of the Second Amendment, reinforcing individual rights over collective regulations. Over the years, legislative efforts have generally leaned toward expanding firearm rights, reflecting the state’s strong cultural ties to hunting and outdoor activities.
Permit Eligibility, Training and Application Process
In Alaska, the history of concealed carry permits began in 1995 when the state enacted its first law allowing residents to obtain a concealed handgun permit. This law established a process for individuals to apply for permits, with certain eligibility requirements. In 2003, Alaska made a significant change by allowing the carrying of concealed firearms without a permit, making it one of the first states to adopt "constitutional carry." This shift reflected a broader trend toward firearm rights in the state. In 2010, the Alaska Legislature reinforced this approach by further simplifying the permitting process and affirming the right to carry without a permit. Overall, Alaska's concealed carry laws have evolved to emphasize personal freedom and the right to self-defense.
(a) The department shall issue a permit to carry a concealed handgun to a person who
(1) applies in person at an office of the Alaska State Troopers;
(2) qualifies under AS 18.65.705;
(3) submits on an application form approved by the department the information required under AS 18.65.705 and 18.65.710; the department shall post on the department's website the state laws and regulations relating to concealed handguns, which must include a concise summary of where, when, and by whom a handgun can be carried under state and federal law and shall, on request, mail a copy of the regulations and summary to an applicant or permittee;
(4) submits one complete set of fingerprints in the format approved by the department that is of sufficient quality so that the fingerprints may be processed; the fingerprints must be taken by a person, group, or agency approved by the department; the department shall maintain a list of persons, groups, or agencies approved to take fingerprints and shall provide the list to the public upon request; the fingerprints shall be used to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;
(5) submits evidence of successful completion of a handgun course as provided in AS 18.65.715;
(6) provides one frontal view color photograph of the person taken within the preceding 30 days that includes the head and shoulders of the person and is of a size specified by the department;
(7) shows a valid Alaska driver's license or identification card at the time of application;
(8) does not suffer a physical infirmity that prevents the safe handling of a handgun; and
(9) pays the application fee required by AS 18.65.720.
(b) The department shall either approve or reject an application for a permit to carry a concealed handgun under (a) of this section within 30 days of receipt of the application. If the department has not received necessary fingerprint eligibility information from another agency by the end of this 30-day period, and the applicant is otherwise eligible, the department shall issue a conditional permit to the applicant subject to immediate revocation under the procedure provided in AS 18.65.740(a) - (c) if the fingerprint information subsequently discloses that the applicant is ineligible for a permit. The department shall notify the applicant in writing of the reason for a rejection.
(c) A person whose application is rejected under this section may appeal the rejection decision to the commissioner. A person may seek judicial review of the decision of the commissioner under AS 44.62.560 - 44.62.570.
(d) A permit issued under (a) of this section expires on the person's birthday in the fifth year following issuance of the permit. The department may adjust the length of an initial permit so that a permit is not issued for a period of more than five years.
(e) The department shall issue a permit to carry a concealed handgun to an honorably retired peace officer of this state who applies for a concealed handgun permit within one year of the officer's retirement and who satisfies the requirements of this subsection. To qualify for a permit under this subsection, an honorably retired peace officer must satisfy (a)(1) - (3) and (6) - (9) of this section and, unless the honorably retired peace officer has qualified with a handgun within five years of the officer's retirement, must also satisfy (a)(5) of this section. The department may not require an honorably retired peace officer applying under this subsection to comply with (a)(4) of this section to receive a permit. The department shall issue the permit without submitting information to or receiving permit eligibility information from the Federal Bureau of Investigation. The department may adopt regulations to define an "honorably retired peace officer" and the evidence that must be submitted to establish eligibility under this subsection.
Alaska Stat. § 18.65.700
A person is qualified to receive and hold a permit to carry a concealed handgun if the person
(1) is 21 years of age or older;
(2) is eligible to own or possess a handgun under the laws of this state and under federal law;
(3) is a resident of the state and has been for the 90 days immediately preceding the application for a permit;
(4) has not been convicted of two or more class A misdemeanors of this state or similar laws of another jurisdiction within the six years immediately preceding the application;
(5) is not now in and has not in the three years immediately preceding the application been ordered by a court to complete an alcohol or substance abuse treatment program; and
(6) has successfully completed a handgun course as provided in AS 18.65.715.
Alaska Stat. § 18.65.705
(a) The application for a permit to carry a concealed handgun must contain the following information:
(1) the applicant's name, physical residence, mailing address, place and date of birth, physical description, including height, weight, race, hair color, and eye color, Alaska driver's license or identification card number, and the city and state of each place the applicant has resided in the five years immediately preceding the application;
(2) a statement that the applicant qualifies under AS 18.65.705;
(3) a statement that the applicant has been furnished with a copy of the state laws and regulations relating to concealed handguns, has read those sections, and understands them;
(4) a statement that the applicant desires a permit to carry a concealed handgun for a lawful purpose, which may include self-defense;
(5) a statement by the applicant that all statements, answers, and attachments to the application are true and complete;
(6) a conspicuous warning that an applicant who supplies a false statement, answer, or document in connection with the application that the applicant does not believe to be true may be prosecuted for unsworn falsification in the second degree and, if found guilty, may be punished for violation of a class A misdemeanor, and that, in such cases, the permit shall be revoked and the applicant may be barred from any further application for a permit; and
(7) a statement that the applicant understands that a permit eligibility investigation will be conducted as a part of the application process, that this may involve computerized records searches, and that the applicant authorizes the investigation.
(b) An application under (a) of this section may not inquire of an applicant about, or require the submission of, information beyond that described in that subsection. As part of an application under (a) of this section, the department may not inquire of an applicant as to any firearms owned by the applicant.
Alaska Stat. § 18.65.710
(a) An applicant for a permit to carry a concealed handgun shall provide a certificate of successful completion of a handgun course that is approved by the department. The handgun course must have been completed within the 12 months immediately preceding the application. The department shall approve a handgun course, including the personal protection course offered by the National Rifle Association, if the course tests the applicant's
(1) knowledge of Alaska law relating to firearms and the use of deadly force;
(2) familiarity with the basic concepts of the safe and responsible use of handguns;
(3) knowledge of self-defense principles; and
(4) physical competence with a handgun.
(b)[Repealed, Sec. 20 ch 1 SLA 1998].
(c) The department may not require a certificate of competence submitted under this section to contain any specifically identifying information, including make, model, or serial number, of a handgun with which an applicant or permittee has demonstrated competence.
(d) The department shall maintain a list of approved courses and shall provide the list to the public upon request.
Alaska Stat. § 18.65.715
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
Alaska Permit Reciprocity
A person holding a valid permit to carry a concealed handgun from another state or a political subdivision of another state is a permittee under AS 18.65.700(b) for purposes of AS 18.65.755 - 18.65.765.
Alaska Stat. § 18.65.748
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.
A municipality may not restrict the carrying of a concealed handgun by permit under AS 18.65.700 - 18.65.790.
Alaska Stat. § 18.65.778
(a) The authority to regulate firearms and knives 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 or knives.
(b) Municipalities may enact and enforce ordinances
(1) that are identical to state law and that have the same penalty as provided for by state law;
(2) restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that people, domestic animals, or property will be jeopardized; ordinances enacted or enforced under this paragraph may not abridge the right of the individual guaranteed by art. I, sec. 19, Constitution of the State of Alaska, to bear arms in defense of self or others;
(3) restricting the areas in their respective jurisdictions in which firearms or knives may be sold; a business selling firearms or knives may not be treated more restrictively than other businesses located within the same zone; and
(4) prohibiting the possession of firearms or knives in the restricted access area of municipal government buildings; the municipal assembly shall post notice of the prohibition against possession of firearms or knives at each entrance to the restricted access area.
(c) The prohibition on taxation in (a) of this section does not include imposition of a sales tax that is levied on all products sold within a municipality.
(d) This section applies to home rule and general law municipalities.
(e) In this section,
(1) "firearms" includes firearms, or any other element relating to firearms or parts thereof including ammunition and reloading components;
(2) "restricted access area" means the area beyond a secure point where visitors are screened and does not include common areas of ingress and egress open to the general public.
Alaska Stat. § 29.35.145
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
(a) A permittee may not possess a concealed handgun
(1)[Repealed, Sec. 7 ch 62 SLA 2003].
(2) anywhere a person is prohibited from possessing a handgun under state or federal law.
(b)[Repealed, Sec. 20 ch 1 SLA 1998].
(c) In addition to any other penalty provided by law, a person who violates this section is guilty of a class B misdemeanor.
Alaska Stat. § 18.65.755
(a) A person commits the crime of misconduct involving weapons in the second degree if the person knowingly
(1) possesses a firearm during the commission of an offense under AS 11.71.010 - 11.71.040;
(2) violates AS 11.61.200(a)(1) and is within the grounds of or on a parking lot immediately adjacent to
(A) a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer; or
(B) an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children; or
(3) discharges a firearm at or in the direction of
(A) a building with reckless disregard for a risk of physical injury to a person; or
(B) a dwelling.
Alaska Stat. § 11.61.195(a)
(a) A person commits the crime of misconduct involving weapons in the third degree if the person
(1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory;
(2) knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory;
(3) manufactures, possesses, transports, sells, or transfers a prohibited weapon;
(4) knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body;
(5) removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable;
(6) possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable;
(7) violates AS 11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body;
(8) violates AS 11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;
(9) communicates in person with another in violation of AS 11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;
(10) resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located; or
(11) discharges a firearm from a propelled vehicle while the vehicle is being operated in circumstances other than described in AS 11.61.190(a)(2).
(12) [Repealed, Sec. 2 ch 100 SLA 2010].
(b) The provisions of
(1) (a)(1) of this section do not apply to a person if
(A) the person convicted of the prior offense on which the action is based received a pardon for that conviction;
(B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or
(C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(1) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory;
(2) (a)(2) or (10) of this section do not apply to a person if
(A) the person convicted of the prior offense on which the action is based received a pardon for that conviction;
(B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or
(C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the violation of (a)(2) or (10) of this section, and the prior conviction did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory.
(c) It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801 - 5872 (National Firearms Act).
(d) It is an affirmative defense to a prosecution under (a)(11) of this section that the person was using a firearm while hunting, trapping, or fishing in a manner not prohibited by statute or regulation.
(e) The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
(f)[Repealed, Sec. 2 ch 100 SLA 2010].
(g)[Repealed, Sec. 2 ch 100 SLA 2010].
(h) As used in this section,
(1) "prohibited weapon" means any
(A) explosive, incendiary, or noxious gas
(i) mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death;
(ii) rocket, other than an emergency flare, having a propellant charge of more than four ounces;
(iii) bomb; or
(iv) grenade;
(B) device designed, made, or adapted to muffle the report of a firearm;
(C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or
(D) rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches;
(2) "unconditional discharge" has the meaning ascribed to it in AS 12.55.185.
Alaska Stat. § 11.61.200
(a) Firearms and ammunition are prohibited in an assisted living home licensed for six or more residents, and in a child care center, a residential child care facility, and a maternity home.
(b) An entity that is not subject to (a) of this section shall ensure that any firearms are unloaded and stored in a locked gun safe or other locked place that is not visible or accessible to adults or children in care. The entity shall ensure that ammunition is stored separately from the firearms in a place inaccessible to adults or children in care.
(c) The entity shall inform each adult in care or that adult's representative, parents of children in care, or social workers, care coordinators, or case managers, as applicable, if firearms are present in the entity.
7 Alaska Admin. Code § 10.1080
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
A person commits the crime of misconduct involving weapons in the fourth degree if the person possesses on the person, or in the interior of a vehicle in which the person is present, a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or a controlled substance into the person's body in circumstances other than described in AS 11.61.200(a)(7);
Alaska Stat. § 11.61.210(a)(1)
A person commits the crime of misconduct involving weapons in the fifth degree if the person knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (d) In a prosecution under (a)(2) of this section, it is (1) an affirmative defense that
(A)
(B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and
(C) the possession occurred at a place covered by a restaurant or eating place license under AS 04.09.210, seasonal restaurant or eating place tourism license under AS 04.09.360, or restaurant endorsement under AS 04.09.450 and the defendant did not consume intoxicating liquor at the place;
Alaska Stat. § 11.61.220(a)(2)
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.
Alaska Possession of Firearms in Motor Vehicles
(a) Notwithstanding any other provision of law, the state, a municipality, or a person may not adopt or enforce a law, ordinance, policy, or rule that prohibits or has the effect of prohibiting an individual from possessing a firearm while that individual is within a motor vehicle or prohibiting an individual from storing a firearm that is locked in the individual's motor vehicle while the motor vehicle is otherwise legally parked in or on state or municipal property or another person's property. This section applies only to possession of a firearm by an individual who may legally possess a firearm under state and federal law.
(b) This section does not limit a person's rights or remedies under any other law.
(c) The state, a municipality, or a person is not liable for any injury or damage resulting from the storage of a firearm in the vehicle of another individual in accordance with this section.
(d) Notwithstanding (a) of this section, an employer or its agent may prohibit the possession of firearms within a secured restricted access area, as defined in AS 29.35.145(e)(2), 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 access area that does not include common areas of ingress and egress open to the general public. The employer or its agent shall post conspicuous notice of the prohibition against possession of firearms at each entrance to the restricted access area and affected parking area.
Alaska Stat. § 18.65.800
Alaska Weapons in Vehicles
(a) A person commits the crime of misconduct involving weapons in the fifth degree if the person
(1) is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,
(2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;
(3) being an unemancipated minor under 16 years of age, possesses a firearm, switchblade, or gravity knife without the consent of a parent or guardian of the minor;
(4) knowingly possesses a firearm
(A) within the grounds of or on a parking lot immediately adjacent to an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children, except that a person 21 years of age or older may possess an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle;
(B) within a
(i) courtroom or office of the Alaska Court System; or
(ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or
(C) within a domestic violence or sexual assault shelter that receives funding from the state;
(5) [Repealed by 2013 amendment.]
(6) is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person.
(b) In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was
(1) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or
(2) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.
(c) The provisions of (a)(2) and (4) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
(d) In a prosecution under (a)(2) of this section, it is
(1) an affirmative defense that
(A)
(B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and
(C) the possession occurred at a place covered by a restaurant or eating place license under AS 04.09.210, seasonal restaurant or eating place tourism license under AS 04.09.360, or restaurant endorsement under AS 04.09.450 and the defendant did not consume intoxicating liquor at the place;
(2) a defense that the defendant, at the time of possession, was on business premises
(A) owned by or leased by the defendant; or
(B) in the course of the defendant's employment for the owner or lessee of those premises.
(e) For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; a deadly weapon on a person is not concealed if it is an unloaded firearm encased in a closed container designed for transporting firearms.
(f) For purposes of (a)(2) and (e) of this section, a firearm is loaded if the
(1) firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge; and
(2) chamber, magazine, clip, or cylinder is installed in or on the firearm.
(g) Misconduct involving weapons in the fifth degree is a class B misdemeanor.
(h) The provisions of (a)(1) and (6) of this section do not apply to a
(1) peace officer of this state or a municipality of this state acting within the scope and authority of the officer's employment;
(2) peace officer employed by another state or a political subdivision of another state who, at the time of the possession, is
(A) certified as a peace officer by the other state; and
(B) acting within the scope and authority of the officer's employment; or
(3) police officer of this state or a police officer or chief administrative officer of a municipality of this state; in this paragraph, "police officer" and "chief administrative officer" have the meanings given in AS 18.65.290.
(i) In a prosecution
(1) under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court;
(2) under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the administrator of the shelter to possess the firearm.
(j) In (a)(1) of this section, "contacted by a peace officer" means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.
Alaska Stat. § 11.61.220
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.
Alaska Weapons in Vehicles
A person commits the crime of misconduct involving weapons in the fifth degree if the person is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,
(A) that is concealed on the person, and, when contacted by a peace officer, the person fails to
(i) immediately inform the peace officer of that possession; or
(ii) allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact;
(j) In (a)(1) of this section, "contacted by a peace officer" means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.
Alaska Stat. § 11.61.220(a)(1)
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.
(a) A person is justified in using nondeadly force upon another when and to the extent the person reasonably believes it is necessary for self-defense against what the person reasonably believes to be the use of unlawful force by the other person, unless
(1) the person used the force in mutual combat not authorized by law;
(2) the person claiming self-defense provoked the other's conduct with intent to cause physical injury to the other;
(3) the person claiming self-defense was the initial aggressor; or
(4) the force used was the result of using a deadly weapon or dangerous instrument the person claiming self-defense possessed while
(A) acting alone or with others to further a felony criminal objective of the person or one or more other persons;
(B) a participant in a felony transaction or purported transaction or in immediate flight from a felony transaction or purported transaction in violation of AS 11.71; or
(C) acting alone or with others in revenge for, retaliation for, or response to actual or perceived conduct by a rival or perceived rival, or a member or perceived member of a rival group, if the person using deadly force, or the group on whose behalf the person is acting, has a history or reputation for violence among civilians.
(b) A person who is not justified in using force in self-defense in the circumstances listed in (a)(1) - (3) of this section is justified in using force in self-defense if that person has withdrawn from the encounter and effectively communicated the withdrawal to the other person, but the other person persists in continuing the incident by the use of unlawful force.
Alaska Stat. § 11.81.330
(a) Except as provided in (b) of this section, a person who is justified in using nondeadly force in self-defense under AS 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against
(1) death;
(2) serious physical injury;
(3) kidnapping, except for what is described as custodial interference in the first degree in AS 11.41.320;
(4) sexual assault in the first degree;
(5) sexual assault in the second degree;
(6) sexual abuse of a minor in the first degree; or
(7) robbery in any degree.
(b) A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is
(1) on premises
(A) that the person owns or leases;
(B) where the person resides, temporarily or permanently; or
(C) as a guest or express or implied agent of the owner, lessor, or resident;
(2) a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer under AS 11.81.380;
(3) in a building where the person works in the ordinary course of the person's employment;
(4) protecting a child or a member of the person's household; or
(5) in any other place where the person has a right to be.
Alaska Stat. § 11.81.335
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
Alaska Use of Force in Defense of a Third Person
A person is justified in using force upon another when and to the extent the person reasonably believes it is necessary to defend a third person when, under the circumstances as the person claiming defense of another reasonably believes them to be, the third person would be justified under AS 11.81.330 or 11.81.335 in using that degree of force for self-defense.
Alaska Stat. § 11.81.340
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.
(a) A person may use nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of an unlawful taking or damaging of property or services.
(b) A person may use deadly force upon another when and to the extent the person reasonably believes it necessary to terminate what the person reasonably believes to be the commission or attempted commission of arson upon a dwelling or occupied building.
(c) A person in possession or control of any premises, or a guest or an express or implied agent of that person, may use
(1) nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of criminal trespass in any degree upon the premises;
(2) deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a burglary in any degree occurring in an occupied dwelling or building.
(d) [Repealed, Sec. 7 ch 68 SLA 2006.]
(e) A person
(1) in a vehicle, or forcibly removed from a vehicle, may use deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a carjacking of that vehicle at or about the time the vehicle is carjacked;
(2) outside of a vehicle may use deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the theft of that vehicle when another person, other than the perceived offender, is inside of the vehicle; this paragraph does not apply to a person outside of a vehicle who is involved in a dispute with a person inside of the vehicle who is a household member of that person; in this paragraph, "household member" has the meaning given in AS 18.66.990.
(f) A person justified in using force under this section does not have a duty to leave or attempt to leave the area of the encounter before using force.
(g) In (e) of this section,
(1) "carjacking" means a robbery involving the taking or attempted taking of a vehicle from a person in possession of the vehicle;
(2) "vehicle" means a "motor vehicle" as defined in AS 28.90.990, an aircraft, or a watercraft.
Alaska Stat. § 11.81.350
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
(a) A person may use nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of an unlawful taking or damaging of property or services.
(b) A person may use deadly force upon another when and to the extent the person reasonably believes it necessary to terminate what the person reasonably believes to be the commission or attempted commission of arson upon a dwelling or occupied building.
(c) A person in possession or control of any premises, or a guest or an express or implied agent of that person, may use
(1) nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of criminal trespass in any degree upon the premises;
(2) deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a burglary in any degree occurring in an occupied dwelling or building.
(d) [Repealed, Sec. 7 ch 68 SLA 2006.]
(e) A person
(1) in a vehicle, or forcibly removed from a vehicle, may use deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a carjacking of that vehicle at or about the time the vehicle is carjacked;
(2) outside of a vehicle may use deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the theft of that vehicle when another person, other than the perceived offender, is inside of the vehicle; this paragraph does not apply to a person outside of a vehicle who is involved in a dispute with a person inside of the vehicle who is a household member of that person; in this paragraph, "household member" has the meaning given in AS 18.66.990.
(f) A person justified in using force under this section does not have a duty to leave or attempt to leave the area of the encounter before using force.
(g) In (e) of this section,
(1) "carjacking" means a robbery involving the taking or attempted taking of a vehicle from a person in possession of the vehicle;
(2) "vehicle" means a "motor vehicle" as defined in AS 28.90.990, an aircraft, or a watercraft.
Alaska Stat. § 11.81.350
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
Alaska treats self-defense as a perfect defense. If the defendant’s use of force was objectively necessary, the defendant is exonerated of any criminal wrongdoing; the defendant was legally justified in the use of force. Alaska authorizes a person to use force “when and to the extent the person reasonably believes it is necessary for self-defense against what the person reasonably believes to be the use of unlawful force by the person.”
AS 11.81.330(a).
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.
Under Alaska’s “stand your ground” law, a person has no duty to retreat before using deadly force if the person is legally present when deadly force is used. Put another way, Alaska’s duty to retreat only applies to trespassers. A person trespassing must retreat prior to using deadly force. Others need not retreat.
AS 11.81.335(b)
Self-Defense Limitations
COMING SOON!
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
COMING SOON!
Cases to Watch
COMING SOON!