Alaska Firearm Law
The laws governing the legal use, storage and carrying of firearms are constantly changing. Below are the applicable laws in the State of Alaska as of 4/24/2013. The below information is designed to be a guide and not the final word. If you have specific questions, please refer to the State of Alaska legislation at legis.state.ak.us. Another great resource is Alaska Department of Public Safety.
Sec. 11.61.220. Misconduct involving weapons in the fifth degree.
(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,
(A) that is concealed on the person, and, when contacted by a peace officer, the person fails to
- immediately inform the peace officer of that possession; or
- 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;
(B) that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence;
(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 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
- courtroom or office of the Alaska Court System; or
- 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) possesses or transports a switchblade or a gravity knife; or
(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) [Repealed, Sec. 7 ch 62 SLA 2003].
(B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and
(C) the possession occurred at a place designated as a restaurant for the purposes of AS 04.16.049 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.
Sec. 18.65.700. Permit to carry a concealed handgun.
(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 a completed application on a form provided by the department, that provides the information required under AS 18.65.705 and 18.65.710; with each application form provided by the department, the department shall provide a copy of 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;
(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 is valid for five years from the date of issue.
(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.
Sec. 18.65.705. Qualifications to obtain a permit.
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.
Sec. 18.65.710. Application for permit to carry a concealed handgun.
(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.
Sec. 18.65.715. Demonstration of competence with handguns.
(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.
(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.
Sec. 18.65.720. Fees.
The department shall charge a nonrefundable fee for the processing of the application for and initial issuance of a permit, renewal of a permit, or replacement of a permit. The fees shall be set by regulation and must be based on the actual costs incurred by the department. However, the fee for the processing of an application and initial issuance of a permit may not exceed $99 and the fee for renewal of a permit or replacement of a permit may not exceed $30.
Sec. 18.65.725. Permit renewal.
(a) A permittee shall apply for renewal of a permit to carry a concealed handgun within 90 days before the expiration of the permit and shall present a complete renewal form provided by the department. The renewal form must include
(1) any change in the information originally submitted under AS 18.65.710;
(2) a statement that the person remains qualified to receive and hold a permit to carry a concealed handgun under AS 18.65.705 ;
(3) one frontal view 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;
(4) the renewal fee required under AS 18.65.720 ; and
(5) the warning listed in AS 18.65.710 (a)(6).
(c) A renewal of a permit to carry a concealed handgun submitted on or after the expiration date is subject to a late fee of $25. The department may not accept a renewal for a permit that is submitted more than 60 days after the expiration date of the permit. Nothing in this subsection prohibits the holder of an expired permit from applying for a new permit.
(d) A renewal form under (a) of this section may not inquire of a permittee about, or require the submission of, information beyond that described in (a) of this section.
Sec. 18.65.730. Replacement of permit.
The department may replace a permit that the permittee certifies under oath has been lost, stolen, or destroyed, provided the permittee applies in person and
(1) provides one frontal view photograph of the permittee taken within the preceding 30 days that includes the head and shoulders and is of a size specified by the department;
(2) pays the replacement fee required under AS 18.65.720 .
Sec. 18.65.735. Suspension of permit.
(a) The department shall immediately suspend a permit to carry a concealed handgun if a permittee becomes ineligible to hold a permit under AS 18.65.705 .
(b) A person whose permit is suspended under this section shall immediately surrender the permit to the nearest peace officer. A peace officer receiving a permit under this section shall immediately forward the permit to the department.
(c) The department shall retain a permit suspended under this section until the permit is revoked or returned to the permittee.
Sec. 18.65.740. Revocation of permit; appeal.
(a) A permit to carry a concealed handgun shall be immediately revoked by the department when the permittee
(1) becomes disqualified to receive and hold a permit under AS 18.65.705;
(2) is convicted of two class A misdemeanors of this state or similar laws of another jurisdiction within a six-year period if at least one of the convictions occurs after the application;
(3) knowingly supplied a false or fraudulent answer, statement, or document, or made a material misstatement or omission, in connection with an application for a permit or renewal or replacement of a permit.
(b) A person whose permit is revoked under (a) of this section shall immediately surrender the permit to the nearest peace officer. A peace officer receiving a permit under this section shall immediately forward the permit to the department.
(c) A person whose permit is revoked under this section may appeal the revocation 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 person whose permit is revoked may not apply for a permit until at least five years after the revocation.
Sec. 18.65.745. No liability for issuance of permit or for training.
(a) The state, and its officers and employees, are not liable by virtue of having issued a permit to carry a concealed handgun for damage or harm caused by the permittee.
(b) A person who provides firearm training to a person who receives a permit under AS 18.65.700 - 18.65.790 is not liable for damage or harm caused by the permittee.
Sec. 18.65.755. Places where permittee may not possess a concealed handgun.
(a) A permittee may not possess a concealed handgun
(2) anywhere a person is prohibited from possessing a handgun under state or federal law.
NOTE: The below list and paragraphs are directly from the Alaska Department of Public Safety website.
- The person does not carry the weapon if they are intoxicated or impaired by alcohol or controlled substances
- The person does not carry the concealed weapon in certain places:
- In someone else's home without their specific knowledge and permission
- In any place where intoxicating liquor is sold for on-site consumption, except a restaurant and the person does not consume alcohol beverages
- In or around any public or private K-12 school or on a school bus without the knowledge and consent of the school's administrator. (weapons may be unloaded and locked in the trunk of a car or secured in a locked container)
- In or around a child care facility. (weapons may be unloaded and locked in the trunk of a car or secured in a locked container)
- In a courthouse, court room, or office of the court system or justice related agencies
- In domestic violence or sexual assault shelters.
Alaska's laws do not apply to federal property, offices, installations, or places under federal jurisdiction. Such places can include national parks, military bases, federal court buildings, space rented by federal offices, airports, or airport terminal areas. Please consult with the appropriate federal agency before deciding if weapon carry or concealed carry is permitted.
The owners or management of facilities, including such places as hospitals, universities, gymnasiums, or private property, may restrict or deny concealed carry on their premises. Failure to comply while on their property could violate trespass statutes.
Note: All Federal carry limitations apply as well.
(c) In addition to any other penalty provided by law, a person who violates this section is guilty of a class B misdemeanor.
Sec. 18.65.760. Misuse of a permit.
(a) The holder of a permit issued under AS 18.65.700 - 18.65.790 may not
(1) alter the permit;
(2) allow another person to use the permit;
(3) possess or display a suspended or revoked permit; or
(4) display an expired permit, unless the holder has submitted a complete, timely renewal form under AS 18.65.725 and the renewal process has been delayed due to circumstances not under the control of the applicant.
(b) A person who violates (a)(1) - (3) of this section is guilty of a class A misdemeanor.
(c) A person who violates (a)(4) of this section is guilty of a violation and upon conviction may be punished by a fine of not more than $100.
Sec. 18.65.765. Responsibilities of the permittee.
(a) The holder of a permit issued under AS 18.65.700 - 18.65.790
(1) shall notify the department of a change in the permittee's address within 30 days;
(2) shall immediately report a lost, stolen, or illegible permit to the department;
(3) shall immediately notify the department if the holder is no longer qualified to hold a permit under AS 18.65.705 .
(b) A person who violates this section is guilty of a violation and upon conviction may be punished by a fine of not more than $100.
Sec. 18.65.770. Permits, applications, and other materials not public records.
Applications, permits, and renewals are not public records under AS 40.25.110 - 40.25.125 and may only be used for law enforcement purposes.
Sec. 18.65.748. Permit holders from other jurisdictions considered Alaska permit holders.
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.
Sec. 18.65.775. Regulations; reciprocity agreements.
(a) The department shall adopt regulations to implement AS 18.65.700 - 18.65.790. This section does not delegate to the department the authority to regulate or restrict the issuing of permits beyond those provisions contained in AS 18.65.700 - 18.65.790.
(b) 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.
The State of Alaska honors all concealed carry permits/licenses from all permit/ license issuing states.
The Alaska Concealed Handgun Permit is honored in the below states:
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wyoming
NOTE: Alaska residents without a permit can conceal carry in the State of Oklahoma. You must have in your possession your Alaska issued ID.
Sec. 18.65.778. Municipal preemption.
A municipality may not restrict the carrying of a concealed handgun by permit under AS 18.65.700 - 18.65.790.
Sec. 18.65.790. Definitions.
In AS 18.65.700 - 18.65.790,
(1) "commissioner" means the commissioner of public safety;
(2) "competence" means the ability to place in a life size silhouette target
seven out of 10 shots at seven yards;
six out of 10 shots at 15 yards;
(3) "concealed handgun" means a firearm, that is a pistol or a revolver, and that is covered or enclosed in any manner so that an observer cannot determine that it is a handgun without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; however, "concealed handgun" does not include a shotgun, rifle, or a prohibited weapon as defined under AS 11.61.200 ;
(4) "department" means the Department of Public Safety;
(5) "permit" means a permit to carry a concealed handgun issued under AS 18.65.700 - 18.65.790.
Article 11. FIREARMS
Sec. 18.65.800. 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.
The State of Alaska does not issue a non-resident an Alaska Concealed Handgun Permit.