Alaska

Updated as of Friday, February 22, 2013.

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.

Important/Relevant Gun Laws

RIFLES AND SHOTGUNSHANDGUNS
Permit to PurchaseNoNo
Registration of FirearmsNoNo
Licensing of OwnersNoNo
Permit to CarryNoNo

*  A permit to carry a concealed handgun is not necessary in Alaska, but permits are available to those who want to carry in states that recognize Alaska permits.

Per AS § 18.65.748, a person holding a valid permit to carry a concealed handgun from another state or a political subdivision of another state is a recognized permitee under Alaska law for purposes of carrying a concealed handgun.

The list and map below are included as a tool to assist you in validating your information.  We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change.  The information is not intended as legal advice or a restatement of law and does not include:  restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition.  For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

Reciprocity

  • These states recognize Alaska permits:
  • Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas , Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming
  • Alaska recognizes permits from:
  • Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas , Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Map of states recognizing Alaska permits:

A synopsis of Alaska state laws on purchase, possession and carrying of firearms.

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 or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult.   It is an affirmative defense that 10 years or more has elapsed since the unconditional discharge on the prior offense.

It is unlawful to knowingly sell or transfer a firearm to a person who’s physical or mental condition is substantially impaired as a result of an intoxicating liquor or drug, or to sell a firearm to a person less than 18.

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. READ ALL

It is unlawful to possess a firearm, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, on any public or private school property, on a school bus while being transported to or from school, or at a school-sponsored event, or while participating in a school-sponsored event, 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 in a motor vehicle.

It is unlawful to possess a firearm in a courthouse or courtroom, grounds of a day care center or parking lot immediately adjacent to these structures, or within a domestic violence or sexual assault shelter.

It is unlawful to possess a firearm by a person who violates a domestic violence protective order.

It is unlawful to possess a firearm while 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 less than 16 years of age may not possess a firearm without the consent of his parent or guardian.

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CARRYING

Any person 21 years of age or older may carry a handgun concealed on their person provided that, when contacted by a police officer, informs the officer of that possession and allows the police officer to secure the handgun for the duration of that contact. READ ALL

A permit to carry a concealed handgun is available for those individuals who desire a means to carry a concealed handgun in states that honor Alaska’s permit to carry. Alaska does not allow the application, permit or renewal information of concealed handgun permit holder to be made public. A person can obtain a permit to carry a concealed handgun if the person:

  • is 21 years of age or older;
  • is eligible to own or possess a firearm under state and federal law;
  • has been a resident of the state for 90 days preceding application for permit;
  • has not been convicted of two or more class A misdemeanors within the preceding six years;
  • is not currently or has not within three years been ordered by a court to complete an alcohol treatment or substance abuse program;
  • has demonstrated competence with handguns.

The Department of Public Safety shall issue a permit 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 under an oath; the applicant must provide two complete sets of fingerprints and two frontal view color photographs taken within 30 days prior to submitting application.  An applicant must not suffer a physical infirmity that prevents the safe handling of a handgun. 

The permit fee cannot exceed $99.00 and the renewal or a replacement permit fee may not exceed $30.00. A permit is valid for five years. Applications, permits, and renewals are not public records and can only be used for law enforcement purposes.

The Department shall either approve or reject an application within 30 days of receipt. 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 if the fingerprint information subsequently discloses that the applicant is ineligible for a permit. The department shall notify the applicant in writing 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 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 an oath.  A person whose permit is revoked may appeal to the commissioner.  If the commissioner upholds the revocation, a person may seek judicial review. If the permit is revoked, such a person cannot apply for a permit until at least five years after it is revoked.

A person carrying a concealed handgun may not carry it into any place prohibited by state or federal law.  When entering the residence of another person, one must notify the resident that they are carrying a concealed handgun.

A municipality may not restrict the carrying of a concealed handgun by permit.

A permit holder from with a valid permit from other jurisdictions is considered an Alaska permit holder.

HIDE
TRANSPORTATION AND STORAGE OF FIREARMS IN PRIVATELY OWNED MOTOR VEHICLES

The state, a municipality or a person may not adopt or enforce a law, ordinance, policy or rule that prohibits 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 applies only to possession of a firearm by an individual who may legally possess a firearm under state and federal law.

An employer or its agent may prohibit the possession of firearms within a secured restricted access area, in a vehicle owned, leased or rented by the employer or in a parking lot owned or controlled by the employer within 300 feet of the secured restrict access area that does not include common areas open to the general public.  The employer shall post conspicuous notice of this prohibition at each entrance.

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 or a silencer, but it is an affirmative defense to possess such devices if they are legally registered and possessed in compliance with all federal laws.  It is unlawful to possess any rifle with a barrel length of less than 16 inches, a shotgun with a barrel length of less than 18 inches, or any rifle or shotgun with an overall length of less than 26 inches.

ANTIQUES AND REPLICAS

State law is silent on antique and replica firearms therefore they must be treated as ordinary firearms for possession and carrying purposes.

Preemption

Complete authority to regulate firearms is reserved to the state legislature. READ ALL

§ 29. 35. 145. Regulation of firearms

(a) 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.

(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 may be sold; a business selling firearms may not be treated more restrictively than other businesses located within the same zone; and

(4) prohibiting the possession of firearms in the restricted access area of municipal government buildings; the municipal assembly shall post notice of the prohibition against possession of firearms 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;

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Range Protection

No person may bring a civil or criminal action alleging excessive noise resulting from the normal operation of a shooting range. READ ALL

 AK STAT. § 34. 75. 010. Limitation on actions arising from noise level

(a) Notwithstanding AS 09.45.230, AS 11.61.110, and any other state or municipal law, except (b) of this section and except as may be otherwise provided by federal law, a person may not bring a civil or criminal action against a person who operates or uses a sport shooting facility or a private airport facility if the action arises out of the noise level resulting from the normal operation or use of the facility and if the facility

(1) was established or began operation before any noise control law applied to the facility; or

(2) complies with the noise control laws that applied to the facility when the facility was established or began operation.

(b) The prohibition in (a) of this section does not apply to an action that arises out of

(1) a contract;

(2) a personal injury suffered by a person while on the premises of the facility; or

(3) a substantial change in the use of the facility.

(c) Except as may be otherwise provided by federal law, even if otherwise allowed by (a) and (b) of this section, a person may not bring a nuisance action for noise level against a facility located in the vicinity of the person's property if the facility was established before the person acquired the property, unless the facility substantially changes the use of the facility after the person acquires the property.

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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 or to possess such a firearm.

It is unlawful to discharge 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.  It is unlawful to discharge a firearm from, on, or across a highway.

A civil action to recover damages or to seek injunctive relief may not be brought against a person who manufactures or sells firearms or ammunition if the action is based on the lawful sale, manufacture, or design of firearms or ammunition.  However, this section does not prohibit a civil action resulting from a negligent design, a manufacturing defect, a breach of contract, or a breach of warranty.

SOURCES: A.S. §§ 9.65.155; 11.61.195; 11.61.200; 11.61.210; 11.61.220; 18.65.700; 18.65.705; 18.65.710; 18.65.715; 18.65.720; 18.65.725; 18.65.730; 18.65.740; 18.65.748; 18.65.755; 18.65.775; 18.65.778; 18.65.790

CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

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