Alaska State Law Summary

Last updated November 14, 2006.

Gun Deaths and Injuries	State Right to Bear Arms	State Preemption

State Firearms Policies
Assault Weapons Background Checks Ballistic Fingerprinting Carrying Firearms Child Access Prevention Dealer Regulations Gun Shows Immunity Statutes / Manufacturer Litigation Junk Guns / Saturday Night Specials	Large Capacity Ammunition Magazines Licensing of Gun Purchasers / Owners Locking Devices Minimum Age to Purchase / Possess One-Gun-A-Month Personalized / Smart Guns Private / Secondary Sales Registration of Guns Waiting Periods

State Groups / Governmental Entities

In 2003, 120 people died from firearm-related injuries in Alaska. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2003, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

Article I, § 19 of the Alaska Constitution provides:

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 a political subdivision of the State.

Alaska courts have held that the right conferred by art. I, § 19 is not absolute and may be regulated by the state legislature. In Gibson v. State, 930 P.2d 1300 (Alaska Ct. App. 1997), the court rejected an art. I, § 19 challenge to Alaska Statutes § 11.61.210(a)(1), prohibiting persons from possessing a firearm on the person or having a firearm in the interior of a vehicle in which they are present, or when they are physically or mentally impaired by liquor or a controlled substance. The court found that art. I, § 19:

[W]as not intended to eliminate government regulation of people's possession and use of firearms. Rather, the government retains the authority to enact and enforce laws prohibiting people from possessing firearms when there is a significant risk that they will use those firearms in a criminal or dangerous fashion.

Gibson, 930 P.2d at 1301.

The court found that, since a statute criminalizing the possession of firearms while intoxicated "bears a close and substantial relationship to the state's legitimate interest in protecting the health and safety of its citizens," the statute was a proper use of the state's police power. Id. at 1302.

On similar grounds, the court of appeals also rejected an art. I, § 19 challenge to Alaska Stat. § 11.61.200(a)(10), which prohibits a convicted felon from residing in a dwelling knowing that there is a concealed firearm in the dwelling. Morgan v. State, 943 P.2d 1208 (Alaska Ct. App. 1997). The court held that art. I, § 19 was not intended to eliminate government regulation of an individual's possession and use of firearms when there is a significant risk that a person will use a firearm in a criminal or dangerous fashion. Morgan, 943 P.2d at 1212.

Alaska has expressly preempted most local firearm regulation. Alaska Statutes § 29.35.145(a) provides:

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.

Municipalities may, however, adopt ordinances that:

Are identical to state law and that provide the same penalty as state law;
Restrict the discharge of firearms where there is a reasonable likelihood that people, domestic animals, or property will be jeopardized;
Restrict areas in which firearms may be sold, although businesses selling firearms may not be treated more restrictively than other businesses located within the same zone; and
Prohibit the possession of firearms in the restricted access area of municipal government buildings (a "restricted access area" is 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, per § 29.35.145(e)(2)).

Section 29.35.145(b).

In addition, the prohibition on taxation in section 29.35.145(a) does not include imposition of a sales tax that is levied on all products sold within a municipality. Section 29.35.145(c).

Alaska Statutes § 18.65.800(a) also restricts local gun regulation, providing that:

Notwithstanding any other provision of law…a municipality…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.

An employer or its agent may, however, prohibit firearm possession within a secured restricted access area (as defined in § 29.35.145(e)(2), see above), 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. Section 18.65.800(d).

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 section 18.65.800. Section 18.65.800(c).

In addition, section 18.65.778 provides that “[a] municipality may not restrict the carrying of a concealed handgun by permit” issued in accordance with Alaska law. Although Alaska has a comprehensive permitting scheme for the carrying of concealed handguns under sections 18.65.700 to 18.65.790, such permits are no longer required. See the Alaska Carrying Firearms section.

There are no cases interpreting the above statutes.

Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Alaska, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). In addition, Alaska has adopted other classes of prohibited persons and incorporated some of the federal prohibitions as state offenses. Alaska law prohibits convicted felons and delinquent minors (whose conduct would have been a felony if committed by an adult) from knowingly possessing a concealed or concealable firearm. Section 11.61.200(a)(1), (12).

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from point of sale background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed handgun permit holders in Alaska are exempt from background checks. Although Alaska no longer requires a permit to carry a concealed handgun, a permit is still available on an optional basis. Consult the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act, as well as the Alaska Carrying Firearms section. Please note that ATF’s exempt status determination is subject to change without notice.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Alaska, although federal and state purchaser prohibitions still apply. See the Alaska Private/Secondary Sales section.

No relevant statutes currently exist.

Possession Restrictions

The knowing possession of a firearm, carried openly or concealed, at any preschool, elementary, junior high or secondary school, including the buildings, grounds, parking lots or school buses, without the permission of the chief administrative officer of the school or district, is generally prohibited. Alaska Statutes § 11.61.210(a)(7). Students are also prohibited from knowingly possessing a firearm within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, unless the student has obtained the prior permission of the chief administrative officer or his or her designee of the school or district. Section 11.61.210(a)(8).

Alaska generally prohibits the knowing possession of a loaded firearm, carried openly or concealed, in any location where liquor is sold for consumption on the premises. Alaska Stat. § 11.61.220(a)(2). Pursuant to section 11.61.220(d), however, it is an affirmative defense if: 1) the loaded firearm is a handgun that is covered or enclosed so that an observer cannot determine that it is a handgun without removing it from, or opening, that which covers or encloses it; and 2) the possession occurred at a restaurant and the defendant did not consume intoxicating liquor.

Section 11.61.220(a)(4) generally prohibits the knowing possession of a firearm, carried openly or concealed, within:

The grounds of, or on a parking lot immediately adjacent to, a child care center (other than a private residence);
A courtroom or office of the Alaska Court System, or a courthouse that is occupied only by the Alaska Court System and other justice-related agencies. Section 11.61.220(a)(4)(B). See also Alaska R. of Admin. 26.2 (relating to the possession of weapons in court facilities); or
A domestic violence or sexual assault shelter that receives funding from the state.

Firearms and ammunition are prohibited in an assisted living home licensed for six or more residents, in a child care center, a residential child care facility, and a maternity home. Alaska Admin. Code tit. 7, § 10.1080(a).

Generally, no person may possess a firearm in a terminal, building or restricted area of any international airport in Alaska. Alaska Admin. Code tit. 17, § 42.065.

Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

Section 18.65.800(a) provides that:

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.

An employer or its agent may, however, prohibit firearms possession within a secured restricted access area (as defined in § 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. Section 18.65.800(d). This law applies to concealed weapons permit holders.

Pursuant to Alaska Statutes § 11.61.210(a)(1), persons are prohibited from possessing a firearm in the interior of a vehicle when his or her physical or mental condition is impaired as a result of liquor or a controlled substance.

Notwithstanding the prohibition against possession of a firearm on school grounds, a person 21 years of age or older may possess an unloaded firearm on school grounds if it is carried in the trunk of a motor vehicle or encased in a closed container in a motor vehicle. Section 11.61.210(a)(7).

Concealed Weapons Licensing Requirements

Alaska does not require a permit to carry a concealed weapon. On June 11, 2003, the Governor of Alaska signed legislation amending section 11.61.220 to allow anyone 21 years of age or older (who may legally possess a firearm) to carry a concealed firearm without having to obtain a permit. Under section 11.61.220(a)(1), (g), it is a class B misdemeanor if:

The person is knowingly carrying a concealed firearm and, when contacted by a peace officer, he or she fails to immediately inform the peace officer about the concealed firearm, fails to allow the peace officer to secure the weapon, or fails to secure the weapon at the direction of the peace officer; or
The person is knowingly carrying a concealed firearm within the residence of another person without first obtaining the express permission of an adult residing there to bring a concealed firearm within the residence.

Section 11.61.220(a)(1).

Alaska retained its permitting system for those who want reciprocity with other states, or those who seek to be exempt from background checks when purchasing firearms. For those seeking a permit, Alaska is a "shall issue" state, meaning that the Department of Public Safety ("Department") must issue a permit to carry a concealed handgun if the applicant meets certain qualifications. Section 18.65.700(a). The basic qualifications to obtain a permit, outlined in section 18.65.705, require that an applicant:

Be at least 21 years of age;
Be eligible to own or possess a handgun under state and federal law;
Have been a resident of Alaska for the preceding 90 days;
Not have been convicted of two or more class A misdemeanors (or similar laws in another jurisdiction) within the preceding six years;
Not currently be in, nor in the preceding three years been ordered by a court to complete, an alcohol or substance abuse treatment program; and
Demonstrate competence with a handgun through successful completion of a course and receipt of a certificate, as required by section 18.65.715.

The completed application form must be submitted by the applicant to an Alaska State Trooper’s office with proper identification (Alaska driver's license or identification card) demonstrating that the applicant meets the specific requirements of section 18.65.705. Section 18.65.700(a)(1)-(3), (7). The applicant must also demonstrate that he or she does not suffer a physical infirmity that would prevent the safe handling of a handgun. Section 18.65.700(a)(8). Two complete sets of fingerprints and a color photograph taken within the preceding 30 days must be submitted along with an application fee, not to exceed $99. Sections 18.65.700(a)(4), (6), (9) and 18.65.720.

Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under sections 18.65.710, 18.65.735 and 18.65.740.

Section 18.65.778 provides that "[a] municipality may not restrict the carrying of a concealed handgun by permit" issued in accordance with Alaska law.

Disclosure or Use of Information

Alaska does not allow the application, permit or renewal information of concealed handgun permit holders to be made public. Section 18.65.770. Such records may only be used for law enforcement purposes. Id.

Duration & Renewal

Under Alaska's concealed handgun permitting process, a permit issued under section 18.65.700(a) is valid for five years from the date of issue. Section 18.65.700(d).

Permittees are required to apply for renewal within 90 days of the permit’s expiration date. Section 18.65.725(a). The renewal application must be accompanied by a fee, set by Department regulation, not to exceed $30. Section 18.65.720.

Location Limits

A concealed weapons permit holder may not carry a concealed handgun "anywhere a person is prohibited from possessing a handgun under state or federal law." Section 18.65.755.

The state prohibits any person from knowingly carrying a concealed weapon in the residence of another without his or her permission. Section 11.61.220(a)(1)(B).

Concealed weapons permit holders are subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

Reciprocity

A person holding a valid permit to carry a concealed handgun from another state or a political subdivision of another state is considered a permittee under Alaska law. Section 18.65.748. “The department shall enter into reciprocity agreements with other states that have the legal authority to enter into such agreements so that permittees may carry concealed handguns in those other states.” Section 18.65.775(b).

For a list of states that recognize valid Alaska concealed handgun permits, see the Reciprocity page of the Alaska State Troopers.

Brady Exemption

Concealed weapons permit holders in Alaska are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Alaska Background Checks section.

No relevant statutes currently exist.

Alaska Administrative Code tit. 7, § 10.1080 prohibits firearms and ammunition in assisted living homes licensed for six or more residents, child care centers, residential child care facilities, and maternity homes. In child care and assisted living entities that are not subject to this prohibition, the entities must 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. Id. These entities must also ensure that ammunition is stored separately from the firearms in a place inaccessible to adults or children in care. Id.

Certain child care assistance providers in Alaska are also subject to these safe storage requirements for firearms and ammunition. See Alaska Administrative Code tit. 7, § 41.220(d).

Alaska does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Alaska Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Alaska Background Checks section.

Federally Licensed Firearms Dealers

There are approximately 834 federally licensed firearms dealers and pawnbrokers in Alaska. Please note that this number is subject to change without notice. Federal firearms licensee totals for Alaska as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

See the Alaska Private/Secondary Sales section for state laws that apply at gun shows.

Alaska law significantly limits civil lawsuits against firearms manufacturers and dealers. Alaska Statutes § 09.65.155 states:

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.

Alaska law also provides civil immunity relating to the sale or transfer of a firearm. Section 09.65.270 states, in relevant part:

(a) A person may not bring a civil action for damage or harm caused by an individual for whom a federal firearm certificate was executed if the action arises from the execution of the federal firearm certificate by a public official with the authority under federal law to execute the certificate and the individual causing the damage or harm

(1) is the transferee of the firearm; and

(2) at the time the certificate is executed either

(A) has a permit to carry a concealed handgun issued under [Alaska Stat. § 18.65.700]; or

(B) meets the qualifications imposed under [Alaska Stat. § 18.65.705(1)-(5)] for obtaining a concealed handgun permit.

Under section 18.65.745(b), a person who provides firearm training to a person who receives a permit is not liable for any damage or harm caused by the person receiving the training and permit.

Recent legislation provides that a person is not liable for any injury or damage resulting from the storage of a firearm in the vehicle of another. Section 18.65.800(c).

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Alaska does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Alaska’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to Alaska Statutes § 45.50.491 of the Alaska Unfair Trade Practices and Consumer Protection Act. For details, view the Center’s report, Targeting Safety.

No relevant statutes currently exist.

Alaska prohibits any unemancipated minor under age 16 from possessing a firearm without the consent of his or her parent or guardian. Alaska Stat. § 11.61.220(a)(3).

No person may knowingly sell a firearm to anyone under age 18. Section 11.61.210(a)(6).

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Alaska, although federal and state purchaser prohibitions still apply. See the Alaska Background Checks section.

Alaska prohibits any person from knowingly selling or transferring a concealable firearm to any person convicted of a felony or whose physical or mental condition is substantially impaired by liquor or controlled substances. Alaska Stat. § 11.61.200(a)(2), (4).

The state also prohibits any person from knowingly selling a firearm to anyone under age 18. Section 11.61.210(a)(6).

In Alaska, pawnbrokers and secondhand dealers (defined as persons “engaged in the business of buying and selling secondhand articles, or lending money on secondhand articles, except a bank”) must keep a written record of all firearms transactions. Section 08.76.010.

There is no statewide registration of firearms, and Alaska Stat. § 29.35.145(a) forbids any municipality from enacting or enforcing any ordinance regulating the registration of firearms.

No relevant statutes currently exist.

“AK Info”—Statewide Directory of Human Service Providers

Alaska Department of Law/Attorney General

Bureau of Alcohol, Tobacco, Firearms and Explosives, Seattle Field Division (AK, HI, ID, OR, WA)

University of Alaska-Anchorage Justice Center

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