Alaska |
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Summary of State Firearms Law |
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Last updated April 6, 2010. |
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Overview |
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Alaska has enacted few gun violence prevention laws. Among other things, Alaska does not:
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Statistics |
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In 2006, 111 people died from firearm-related injuries in Alaska.1
In 2008, Alaska ranked 26th nationwide in terms of the number of crime guns supplied to other states per capita.2 In 2008, 501 firearms were recovered in Alaska and traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these firearms, 315 were originally sold by gun dealers in Alaska.3
There are 722 federally licensed firearms dealers and pawnbrokers in Alaska.4 |
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State "Right to Bear Arms" |
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Alaska’s constitution provides for the keeping and bearing of arms, but permits gun regulation for public health and safety purposes. See LCAV’s State Right to Bear Arms Provisions. |
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Local Authority to Regulate Firearms |
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Alaska has preempted most areas of local firearms regulation. See LCAV’s State Preemption/Local Authority to Regulate Firearms summary for further information. |
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State Firearms Policies |
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Please note that many firearm-related laws have exceptions for military and law enforcement personnel. |
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Persons Prohibited from Firearm Possession |
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Prohibited Purchasers Generally |
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Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness. Similarly, Alaska prohibits the following persons from purchasing or possessing concealable firearms (i.e., handguns):
Alaska law prohibits a convicted felon from residing in a dwelling knowing that there is a concealed firearm in the dwelling.6 Alaska has no law preventing firearm purchase or possession by:
For information on the background check process used to enforce these provisions, see the Alaska Background Checks section. See Regulating Guns in America: Prohibited Purchasers for a comprehensive discussion of this issue. |
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Minimum Age to Purchase / Possess |
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Alaska prohibits any unemancipated minor under age 16 from possessing a firearm without the consent of his or her parent or guardian.7 Alaska also prohibits any person from knowingly selling a firearm to anyone under age 18.8 Alaska provides no minimum age for the purchase of a firearm, and does not prohibit the possession of a handgun by persons under age 21, although federal age restrictions still apply. See Regulating Guns in America: Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue. |
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Domestic Violence & Firearms |
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Alaska has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by certain domestic abusers.
Alaska law provides that protective orders issued after notice and a hearing against a household member for victims of domestic violence may prohibit the respondent from using or possessing a deadly weapon if the court finds the respondent was in the actual possession of or used a weapon during the commission of domestic violence.9 Federal law also prohibits firearm purchase and possession by certain abusers subject to domestic violence protective orders.
Alaska law provides that protective orders issued after notice and a hearing against a household member for victims of domestic violence may direct the abuser to surrender any firearm owned or possessed if the respondent was in actual possession of or used a firearm during a domestic violence incident.10
In Alaska, a peace officer investigating a domestic violence incident may, if he or she deems it necessary to protect the victim, the victim’s family, the officer or the public during the investigation, seize a deadly weapon in plain view of the officer.11 If a deadly weapon was actually possessed during or used in the domestic violence, the officer may seize all deadly weapons owned, used, possessed, or within the control of the alleged perpetrator.12 Firearms may be held as long as they are needed for evidence or until proceedings against the abuser have concluded. The firearm must be returned to the owner if it is no longer needed as evidence.13
Alaska maintains fully automated domestic violence protective order data on a statewide network. Domestic violence misdemeanor convictions may be identified from flagged criminal history records.14 See Regulating Guns in America: Domestic Violence and Firearms for a comprehensive discussion of this issue. |
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Disarming Prohibited Persons |
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Alaska has no laws requiring the disarmament of persons prohibited from possessing firearms. |
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Sales & Transfers |
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Background Checks |
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Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal database. (Note that state files are not always included in the federal database.) Alaska is not a point of contact state for the National Instant Criminal Background Check System (NICS). Alaska has no law requiring firearms dealers to initiate background checks prior to transferring a firearm. As a result, in Alaska, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.15 Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.16 As a result, holders of concealed weapons permits marked NICS-Exempt in Alaska are exempt from the federal background check requirement.17 (Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.) Alaska does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See Regulating Guns in America: Private Sales. See Regulating Guns in America: Background Checks for a comprehensive discussion of this issue. |
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Mental Health Reporting |
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Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”18 No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers. Alaska has no law requiring the reporting of mental health information to NICS. For general information on the background check process and categories of prohibited purchasers or possessors, see the Alaska Background Checks section and the section entitled Alaska Prohibited Purchasers Generally. See Regulating Guns in America: Mental Health Reporting for a comprehensive discussion of this issue. |
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Multiple Purchases / Sales of Firearms |
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Alaska imposes no restrictions on purchases or sales of multiple firearms. See Regulating Guns in America: Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue. |
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Retention of Sales / Background Check Records |
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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.19 Alaska has no law requiring the retention of sales or background check records by other firearms dealers. See Regulating Guns in America: Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue. |
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Waiting Periods |
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Alaska has no law imposing a waiting period prior to purchase of a firearm. See Regulating Guns in America: Waiting Periods for a comprehensive discussion of this issue. |
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Gun Dealers & Other Sellers |
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Dealer Regulations |
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Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees. Alaska has no law requiring firearms dealers to obtain a state license or permit. However, firearms dealers are subject to state laws governing gun sales generally. See the Alaska Private Sales section for further information. Alaska has no law requiring dealers to conduct a background check on prospective firearm purchasers, although the federal background check requirement applies. See Regulating Guns in America: Dealer Regulations for a comprehensive discussion of this issue. |
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Private Sales |
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Alaska does not require a background check on the purchaser of a firearm when the seller is not a licensed dealer. 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.20 The state also prohibits any person from knowingly selling a firearm to anyone under age 18.21 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.22 This written record must include the transaction date, person conducting the transaction, the name, age and address of the customer, and a description of the property bought or received in pledge, which includes for any firearm, the name of the maker, the serial, model, or other number, and all letters and marks inscribed.23 Such sellers located in a municipality with a population over 5,000 must retain an electronic record for any lending of money on any secondhand article. The record must include the transaction date and a description of the property, and must be submitted to a municipal law enforcement agency.24 See Regulating Guns in America: Private Sales for a comprehensive discussion of this issue. |
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Gun Shows |
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Alaska has no laws explicitly regulating gun shows. See the Alaska Private Sales section for state laws that may apply at gun shows. See Regulating Guns in America: Gun Shows for a comprehensive discussion of this issue. |
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Immunity Statutes |
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Alaska law significantly limits civil lawsuits against firearms manufacturers and dealers:
Alaska law also provides civil immunity relating to the sale or transfer of a firearm:
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.28 A person is not liable for any injury or damage resulting from the storage of a firearm in the vehicle of another.29 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. See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information. |
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Gun Owner Responsibilities |
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Firearms in Public Places |
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Concealed Weapons Permitting |
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Alaska does not require a permit to carry a concealed firearm. On June 11, 2003, the Governor of Alaska signed legislation amending Alaska Statutes § 11.61.220 to allow anyone age 21 or older who may legally possess a firearm to carry a concealed firearm without having to obtain a permit. 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 additional firearms. For those seeking a permit, Alaska is considered a “shall issue” state, meaning that the Alaska Department of Public Safety (“Department”) must issue a permit to carry a concealed handgun if the applicant meets certain qualifications.31 The basic qualifications to obtain a permit require that an applicant:
A municipality may not restrict the carrying of a concealed handgun by permit" issued in accordance with Alaska law.33 State law generally prohibits any person from:
Alaska does not allow the application, permit or renewal information of concealed handgun permit holders to be made public.35 Such records may only be used for law enforcement purposes.36
Under Alaska's concealed handgun permitting process, a permit is valid for five years from the date of issue.37
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.38 The Alaska Department of Public Safety is required to enter into reciprocity agreements with other states that have the legal authority to enter into such agreements so permittees may carry concealed handguns in those other states.39 For a list of states that recognize valid Alaska concealed handgun permits, see the Alaska Department of Public Safety’s concealed handgun reciprocity page.
Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.40 As a result, holders of concealed weapons permits marked NICS-Exempt in Alaska are exempt from the federal background check requirement.41 (Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.) See Regulating Guns in America: Carrying Concealed Weapons for a comprehensive discussion of this issue. |
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Open Carrying |
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Alaska does not prohibit the open carrying of firearms in public. |
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Location Restrictions |
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| Guns in Vehicles
Alaska law allows anyone to possess a firearm within a motor vehicle, and the state, a municipality, or any other person cannot prohibit such possession. Alaska law also allows anyone to store a firearm in any motor vehicle that is legally parked as long as the vehicle or the firearm is locked, and no state, municipality or other person can prevent anyone from storing a firearm this way.42 An employer or its agent may, however, prohibit firearms possession in the following areas:
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, as long as the firearm or vehicle is locked, and the vehicle is legally parked.44 Alaska prohibits the possession of a firearm in the interior of a vehicle when the possessor’s mental condition is impaired as a result of liquor or a controlled substance.45 Although gun possession is generally prohibited on school grounds, a person age 21 or older may possess an unloaded firearm on school grounds carried only in the trunk of a motor vehicle or encased in a closed container in a motor vehicle.46 Alaska prohibits guns in schools. Alaska generally prohibits 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.47 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.48 Alaska also prohibits concealed weapons permit holders from carrying a concealed handgun in these locations.49 Alaska has no specific statutes or regulations restricting firearms on college or university property. See LCAV’s policy page on Guns in Schools for further information. 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.”50 The state prohibits any person from knowingly carrying a concealed weapon in the residence of another without his or her permission.51 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.52 It is an affirmative defense, however, 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.53 Alaska prohibits the knowing possession of a firearm carried openly or concealed by any person within:
Alaska does not prohibit firearms in:
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Consumer & Child Safety |
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Design Safety Standards for Handguns |
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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 firearm safety standards.55 See Regulating Guns in America: Design Safety Standards for Handguns for a comprehensive discussion of this issue. |
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Locking Devices |
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Alaska does not require firearm owners to possess or use locking devices. See Regulating Guns in America: Locking Devices for a comprehensive discussion of this issue. |
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Personalized / Owner-Authorized Firearms |
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Alaska does not require firearms to be personalized. See Regulating Guns in America: Personalized Firearms for a comprehensive discussion of this issue. |
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Child Access Prevention |
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Alaska has no law specifically penalizing those who allow children access to firearms. See Regulating Guns in America: Child Access Prevention for a comprehensive discussion of this issue. |
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Classes of Weapons / Ammunition |
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Assault Weapons |
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Alaska has no law restricting assault weapons. See Regulating Guns in America: Assault Weapons for a comprehensive discussion of this issue. |
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Large Capacity Ammunition Magazines |
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Alaska has no law restricting large capacity magazines. See Regulating Guns in America: Large Capacity Ammunition Magazines for a comprehensive discussion of this issue. |
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Fifty Caliber Rifles |
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Alaska has no law restricting fifty caliber rifles. See Regulating Guns in America: Fifty Caliber Rifles for a comprehensive discussion of this issue. |
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Machine Guns / Automatic Firearms |
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Alaska has no law restricting machine guns, although federal law applies. See LCAV’s policy page on Machine Guns for further information. |
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Non-Powder Guns |
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Alaska has no law restricting non-powder guns. See Regulating Guns in America: Non-Powder Guns for a comprehensive discussion of this issue. |
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Ammunition Regulation |
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Alaska does not:
In Alaska, a state parole board may require as a condition of special medical, discretionary, or mandatory parole that a prisoner released on parole not possess or control firearm ammunition.56 See Regulating Guns in America: Ammunition Regulation for a comprehensive discussion of this issue. |
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Investigating Gun Crimes |
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Microstamping / Ballistic Identification |
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Alaska has no law regarding firearm microstamping or ballistic identification. See Regulating Guns in America: Ballistic Identification for a comprehensive discussion of this issue. |
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Trafficking |
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Alaska does not specifically regulate firearms trafficking. |
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State Links |
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Bureau of Alcohol, Tobacco, Firearms and Explosives, Seattle Field Division (AK, HI, ID, OR, WA) |
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Footnotes |
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1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2006, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html. 2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf. 3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2008: Alaska, at http://www.atf.gov/statistics/download/trace-data/2008/2008-trace-data-alaska.pdf. 4. Federal firearms licensee totals for Alaska as of September 23, 2009 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. 5. Alaska Stat. §§ 11.61.200(a)(1), (12); 11.61.210(a)(1). 6. Alaska Stat. § 11.61.200(a)(10). The felon is exempt from this prohibition is he or she has written authorization to live in a dwelling in which there is a concealable weapon from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located. Id. 7. Alaska Stat. § 11.61.220(a)(3). 8. Alaska Stat. § 11.61.210(a)(6). 9. Alaska Stat. §§ 18.66.100(c)(6), 18.66.990(5). 10. Alaska Stat. §§ 18.66.100(c)(7), 18.66.990(5). 11. Alaska Stat. § 18.65.515(b). 14. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 19 (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf. 16. Federal law exempts persons who have been issued state permits to purchase or possess firearms from 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). 17. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department. of Justice, Brady Law: Permanent Brady Permit Chart (July 3, 2008), at: http://www.atf.gov/firearms/brady-law/permit-chart.html. 20. Alaska Stat. § 11.61.200(a)(2), (4). 21. Alaska Stat. § 11.61.210(a)(6). 23. Alaska Stat. § 08.76.010(a). 26. A “federal firearm certificate” means the certificate required on a federal “Form 1 (Firearms)” (for Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) application to make a machine gun or certain specified firearms), “Form 4 (Firearms)” (ATF application for registration and transfer of machine guns and certain other firearms) or “Form 5 (Firearms) ” (ATF application for tax-exempt transfer and registration of machine guns and certain other firearms). Alaska Stat. § 09.65.270(b). 27. Alaska Stat. § 09.65.270(a). 28. Alaska Stat. § 18.65.745(b). 29. Alaska Stat. § 18.65.800(c). 30. Alaska Stat. § 29.35.145(a). 31. Alaska Stat. § 18.65.700(a). 32. Alaska Stat. § 18.65.705 (referencing section 18.65.715). For additional application and background check requirements for a permit, as well as permit suspension and disqualification information, see Alaska Stat. §§ 18.65.700(a)(1)–(4), (6)–(9), 118.65.710, 18.65.720, 18.65.735 and 18.65.740. 34. Alaska Stat. § 11.61.220(a)(1), (g). 37. Alaska Stat. § 18.65.700(d). The fee for the processing of an application and initial issuance of a permit is set by regulation, but may not exceed $99.00. Alaska Stat. § 18.65.720. Permittees are required to apply for renewal within 90 days of the permit’s expiration date. Alaska Stat. § 18.65.725(a). The renewal application must be accompanied by a fee, set by Department regulation, not to exceed $30. Alaska Stat. § 18.65.720. 39. Alaska Stat. § 18.65.775(b). 40. Federal law exempts persons who have been issued state permits to purchase or possess firearms from 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). 41. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department. of Justice, Brady Law: Permanent Brady Permit Chart (July 3, 2008), at: ), at: http://www.atf.gov/firearms/brady-law/permit-chart.html. 42. Alaska Stat. § 18.65.800(a). 43. Alaska Stat. § 18.65.800(d). 44. Alaska Stat. § 18.65.800(c). 45. Alaska Stat. § 11.61.210(a)(1). 46. Alaska Stat. § 11.61.210(a)(7). 48. Alaska Stat. § 11.61.210(a)(8). 50. Alaska Stat. § 18.65.755(a)(2). 51. Alaska Stat. § 11.61.220(a)(1)(B). 52. Alaska Stat. § 11.61.220(a)(2). 53. Alaska Stat. § 11.61.220(d). 54. Alaska Stat. § 11.61.220(a)(4). 55. The Alaska Unfair Trade Practices and Consumer Protection Act, Alaska Stat. § 45.50.471 et seq. (regulations are authorized under Alaska Stat. § 45.50.491). For details, see Legal Action Project, Center to Prevent Handgun Violence, Targeting Safety (2001), at http://www.bradycenter.org/xshare/pdf/reports/targetingsafety.pdf. |
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