ALASKA State Firearms Laws

ALASKA
(As of May 1995)
 
PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances--Firearms, available from the U. S. Government
Printing Office, Washington, D.C. 20402.
 

QUICK REFERENCE CHART
 
                         Rifles and
                         Shotguns       Handguns
Permit to Purchase       NO             NO
Registration of Firearms NO             NO
Licensing of Owners      NO             NO
Permit to Carry          NO             YES
 

STATE CONSTITUTIONAL PROVISION
 
 "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." Article 1, Section
19.
 

POSSESSION
 
     No state permit is required to possess a rifle, shotgun
or handgun.
 
     It is unlawful for a person convicted of a felony or
adjudicated a delinquent minor for conduct that would
constitute a felony if committed by an adult to possess a
"firearm capable of being concealed on his person" unless 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.
 
     It is unlawful to knowingly possess a firearm on which
the manufacturer's serial number has been removed, covered,
altered or destroyed with the intent of rendering the
firearm untraceable. A person may not possess a firearm
while his physical or men- tal condition is "substantially
impaired" as a result of an intoxicating liquor or drug.
 
     Loaded firearms may not be possessed in any place where
intoxicating liquor is sold for consumption on the premises.
Exempt from this prohibition is the owner or lessee or an
employee in the course of his employment for the owner or
lessee while on the business premise. A firearm is loaded if
the firing chamber, magazine, clip or cylinder of the
firearm contains a cartridge.
 
     An unemancipated minor under 16 years of age may not
possess a firearm without the consent of his parent or
guardian.
 

PURCHASE
 
     No state permit is required to purchase a rifle,
shotgun or handgun.
 
     It is unlawful to sell or transfer a firearm capable of
being concealed on one's person to anyone who has been
convicted of a felony. It is an affirmative defense that 10
ybars or more has elapsed since the uncon- ditional
discharge on the prior offense.
 
     It is unlawful to knowingly sell or transfer a firearm
to a person whose physical or mental condition is
"substantially impaired" as a result of an intoxicating
liquor or drug.
 

CARRYING
 
     A person can obtain a permit to carry a con- cealed
handgun if the person (1) is 21 years of age or older; (2)
is eligible to own or possess a firearm (SEE POSSESSION);
(3) is not currently charged with a felony; (4) has not been
convicted within 5 years and is not currently charged with a
misdemeanor offense such as: assault, battery, reckless
endangerment, or stalking; (5) has not suffered within 5
years and is not currently suffering from a mental illness;
(6) dishonorably discharged from the armed forces; (7) is
not an illegal alien; (8) not currently or has not within 3
years been ordered by a court to complete an alcohol
treatment or substance abuse program; (9) is not under a
restraining order unless the injunction has been dissolved
or has expired (10) has not been convicted of two or more
class A misdemeanors within the preceding 5 years; (11) is
not an unlawful user of, or addicted to, a controlled
substance; (12) has demonstrated competence with handguns.
 
     It is unlawful to possess a handgun concealed on the
person. A handgun 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." Carrying a handgun in a glove
compartment is not considered carrying concealed.
 
     It is a defense to a charge under that paragraph that
the person at the time of his possession was: 1) in his
dwelling or on property appurtenant to his 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 3) the holder
of a valid permit to carry a concealed handgun and the
possession did not occur in a municipality or established
village in which the possession of concealed handguns is
prohibited by popular vote.
 
     The Department of Public Safety shall issue a permit to
carry a concealed handgun to a person who applies in person
at an office of the Alaska State Troopers and is not
prohibited from possessing a handgun. A completed
application must be submitted underoath; two complete sets
of fingerprints; provide two frontal view color photographs
that include the head and shoulders of the person taking
within 30 days prior to submitting application. Applicant
must be a resident of the state for one year; does not
suffer aphysical infirmity that prevents the safe handling
of a handgun and pay the nonrefundable application fee which
cannot exceed $125.00 and the renewal fee or replacement of
a permit may not exceed $60.00.
 
     The Department shall either approve or reject an
application within 15 days of receipt of permit eligibility
information from the F.B.I. or other agency necessary to
make a determination con- cerning the application. The
department shall notify the applicant in writing of the
reason for the rejection. A person whose application is
rejected may appeal to the commissioner. If commissioner
rejects the application a person may seek judicial review. A
permit is valid for 5 years from the date of issue. The
permit must specify the action types and maxim calibers of
handgun.
 
     A person shall apply in person for renewal of a permit
to carry within 90 days before the expiration of the permit
and shall present a complete renewal form under oath. A
permit to carry shall be immediately revoked if the
permittee becomes disqualified to receive and hold a permit.
A person whose permit is revoked may appeal to the
commissioner, if commissioner upholds the revocation a
person may seek judicial review. If permit is revoked such
person cannot apply for a permit until at least 5 years
after the revocation.
 
     A permittee shall carry the permit at all times when
carrying a concealed handgun. The license and other proper
identification must be shown when asked by a peace officer.
A permittee may not carry a concealed handgun into (1) a law
enforcement or correctional facility; (2) on school grounds
or a school bus; (3) a courthouse or courtroom of this
state, unless such person has been authorized by a judge or
is a judge; (4) an office or building housing only state or
federal government, or a political subdivision; (5) an oral
statement or where a notice is displayed prohibiting
carrying a concealed handgun; (6) a municipality or
established village that has prohibited the possession of
concealed handguns; (7) financial institution; (8) air
terminal area for loading and unloading passengers, (9)
Alaska Marine highway system vessel, (10) domestic violence
or sexual assault services facility; (1 1)any other place
where a deadly weapon is prohibited by law.
 It is unlawful to carry a loaded rifle or shotgun in a
vehicle.
 

MACHINE GUNS
 
     A machine gun is defined as a firearm that is capable
of shooting more than one shot automatically, without manual
reloading, by a single function of the trigger. It is
unlawful to manufacture, possess, transport or sell a
machine gun unless in accordance with registration under the
National Firearms Act.
 

ANTIQUES AND REPLICAS

 Alaska statutes are silent on antique and replica firearms.
They are treated as ordinary firearms for possession and
carrying purposes.
 

MISCELLANEOUS
 
     It is unlawful to remove, alter, cover, or destroy the
manufacturer's serial number on a firearm with the intent to
render the firearm untraceable. It is unlawful to dis-
charge a firearm with reckless disregard of damage to
property or risk of physical injury to persons.
 
     It is unlawful to discharge a firearm from a vehicle
while the vehicle is being operated.
 

CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
 
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax. Virginia 22030

Copyright 1995, NRA Institute for Legislative Action