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Alaska Constitutional Carry Laws |
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
A person commits the crime of misconduct involving weapons in the fifth degree if the person:
- Possession by Age and Circumstances :
- Is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, under these conditions:
- The weapon 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.
- The weapon 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.
Presence in Certain Locations :
- Knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises.
Minor in Possession :
- 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.
Firearm in Restricted Areas :
- Knowingly possesses a firearm:
- 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 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.
- Within 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.
- Within a domestic violence or sexual assault shelter that receives funding from the state.
Age and Concealment :
- 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.
Affirmative Defense for Minors :
- In a prosecution under (a)(6), it is an affirmative defense that the defendant, at the time of possession, was:
- In the defendant’s dwelling or on land owned or leased by the defendant appurtenant to the dwelling.
- Actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.
Exceptions for Peace Officers :
- The provisions of (a)(2) and (4) do not apply to a peace officer acting within the scope and authority of the officer’s employment.
Defense for Loaded Firearm Possession :
- In a prosecution under (a)(2):
- It is an affirmative defense that the loaded firearm was a concealed handgun as defined in AS 18.65.790; and
- 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.
As long as you inform any Officer who approaches you on official business and allow the Officer to secure the firearm if they wish, you do not need a permit/license to possess that defensive firearm. It is recommended to carry your state-issued ID when carrying under Permitless Carry, as some states require it.
The Alaska State Police issue all permit/licenses. The license term is 5 years.
Instructions on how to apply can be found on the Alaska State Police website.
A non-refundable application fee of $88.25 is payable by personal check, cashier’s check, or money order made out to the State of Alaska.
(a) The department shall issue a permit to carry a concealed handgun to a person who:
In-Person Application :
- Applies in person at an office of the Alaska State Troopers.
Qualification :
- Qualifies under AS 18.65.705.
Application Form :
- Submits an application form approved by the department with the required information under AS 18.65.705 and 18.65.710. The department shall post on its website the state laws and regulations relating to concealed handguns, including a concise summary of where, when, and by whom a handgun can be carried under state and federal law. Upon request, the department will mail a copy of the regulations and summary to an applicant or permittee.
Fingerprints :
- Submits one complete set of fingerprints in the format approved by the department. These fingerprints must be taken by a person, group, or agency approved by the department. The department maintains a list of approved fingerprinting entities and provides this list upon request. The fingerprints are 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.
Handgun Course :
- Submits evidence of successful completion of a handgun course as provided in AS 18.65.715.
Photograph :
- Provides one frontal view color photograph of the person taken within the preceding 30 days that includes the head and shoulders and is of a size specified by the department.
Identification :
- Shows a valid Alaska driver’s license or identification card at the time of application.
Physical Ability :
- Does not suffer a physical infirmity that prevents the safe handling of a handgun.
Application Fee :
- 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 necessary fingerprint eligibility information is not received from another agency by the end of this 30-day period, and the applicant is otherwise eligible, the department shall issue a conditional permit 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 of the reason for a rejection.
© A person whose application is rejected under this section may appeal the rejection decision to the commissioner. Judicial review of the decision of the commissioner can be sought 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 it is not issued for 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 within one year of retirement and satisfies the requirements of this subsection. To qualify, an honorably retired peace officer must satisfy (a)(1) — (3) and (6) — (9) of this section and, unless they have qualified with a handgun within five years of retirement, must also satisfy (a)(5). The department may not require compliance with (a)(4) for honorably retired peace officers. The department shall issue the permit without submitting information to or receiving eligibility information from the Federal Bureau of Investigation. The department may adopt regulations to define “honorably retired peace officer” and the evidence required to establish eligibility.
- Public or Private Schools (Grades K-12) :
- Includes school grounds, parking lots, and buses used for school-sponsored activities.
- Firearms are prohibited unless the person carrying the firearm has the permission of the chief administrative officer of the school or school district (AS 11.61.195).
- Exception : Persons 21 years of age or older who are not students may possess an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle.
- Places Where Intoxicating Liquor is Sold for Consumption on the Premises :
- Firearms are prohibited except in restaurants where the person carrying the firearm did not consume intoxicating liquor.
- Licensed Child Care Facilities :
- Firearms are prohibited if the facility is other than a private residence.
- Courtrooms and Offices :
- Firearms are prohibited within a courtroom or office of the Alaska Court System, or within a courthouse occupied only by the Alaska Court System and other justice-related agencies.
- Shelters Receiving State Funding :
- Firearms are prohibited within any domestic violence or sexual assault shelter that receives funding from the state.
- Other Person’s Residence :
- Firearms are prohibited unless the person carrying the firearm has first obtained the express permission of an adult residing there to bring the firearm into the residence.
- Assisted Living Homes and Child Care Centers :
- Firearms and ammunition are prohibited in assisted living homes licensed for six or more residents, as well as in child care centers, residential child care facilities, and maternity homes (7 AAC 10.1080).
- Prohibited Areas in Municipal Buildings :
- Municipal buildings can ban firearms in “Prohibited Areas” of their buildings. Although specific definitions of “Prohibited Area” are not found in Alaska Statutes or Administrative Code, it likely pertains to places related to justice, such as municipal courts.
- If firearms are prohibited, the areas must be posted.
Note : Always exercise caution and check for posted signs regarding firearm restrictions in municipal buildings and other potentially restricted areas.
(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 within a motor vehicle or from storing a firearm that is locked in the individual’s motor vehicle while the vehicle is otherwise legally parked on state, municipal, 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.
© The state, a municipality, or a person is not liable for any injury or damage resulting from the storage of a firearm in another individual’s vehicle 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 must post conspicuous notice of the prohibition against possession of firearms at each entrance to the restricted access area and affected parking area.
- Legality : Open carry is legal in Alaska.
- Vehicle Carry Requirement : When carrying a firearm in a vehicle, you must inform an officer who approaches you during any official contact that you are carrying a firearm.
- Places Off Limits : The restrictions listed under “Places Off Limits” apply to those who open carry as well. Refer to the “RV/Car Carry Without a Permit” section for specific rules regarding carrying in a vehicle.
- Preemption : The state preempts all firearm laws, meaning local authorities cannot enact laws or ordinances against open carry.
- Private Property : If you enter any property and the owner or responsible person asks you to leave, you must comply. Failure to do so can result in trespass charges.
- Minimum Age : The minimum age for open carry is lower than 18, but federal law prohibits those under 18 from possessing a firearm.
- In some states, open carry is forbidden in places where those with a valid permit/license can carry. This summary is not exhaustive.
- For further details on open carry, visit reliable sources or perform a web search for “Alaska Open Carry” or similar terms.
- Check with the state’s Right to Keep and Bear Arms (RKBA) organizations.
- Refer to the “Attorney General Opinions/Court Cases” section for any written opinions or cases on open carry.
This outlines the minimum age for possessing and transporting a handgun that is unloaded and secured in a vehicle without any type of permit or license to carry firearms.
In some states, possession and transportation can be very restrictive. You may only be allowed to possess and transport a handgun to and from specific locations such as:
- Shooting ranges
- Gun shops
- Property you own
- Other places where you can legally possess a handgun
However, not all states have these restrictions.
This information is not comprehensive. It is important to study your state’s laws further for more details on the possession and transportation of handguns. Refer to the “RV/Car Carry” section above for additional information.
Refer to 18 USC § 922(x) for federal regulations on the sale, possession, delivery, or transfer of a firearm to a juvenile.
