Constitutional Carry In Alaska: What's The Law?

does alaska have constitutional carry

Alaska is a constitutional carry state, meaning that anyone over the age of 21 who can legally possess a firearm may carry a concealed firearm without a permit. However, this does not apply to places such as courthouses, school grounds, hospitals, and bars. While the state does not require a permit for concealed carry, it does offer a permitting system for those who want reciprocity with other states or to be exempt from background checks when purchasing additional firearms. The Alaska Constitution's Right to Keep and Bear Arms is outlined in Article I, Section 19, which states that the right of the people to keep and bear arms shall not be infringed.

Alaska's Gun Laws

Characteristics Values
Permit requirement for concealed carry No permit required for individuals 21 or older; permits available for reciprocity with other states or exemption from background checks
Constitutional carry state Yes
Right to Keep and Bear Arms Guaranteed in Article I, Section 19 of the Alaska Constitution
Application and permit information Not made public, except for law enforcement purposes
Carrying in restricted areas Not allowed in courthouses, school grounds, bars, hospitals, domestic violence/sexual assault shelters, licensed child care facilities, and areas prohibited by federal law
Carrying while impaired Illegal to possess a firearm while impaired by alcohol or drugs
Brandishing No specific law prohibiting brandishing, but laws against assault with a gun are in place
Carrying in vehicles Employers and municipalities cannot prohibit storing firearms in locked vehicles on their property, with some restrictions
Carrying by felons Non-concealable firearms can be owned by felons; federal law prohibits concealable firearms

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No permit required to carry a concealed firearm

Alaska does not require a permit to carry a concealed firearm. In 2003, the Governor of Alaska signed legislation amending Alaska law to allow anyone aged 21 or older who may legally possess a firearm to carry a concealed firearm without a permit. However, Alaska still retains 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.

While a permit is not required to carry a concealed firearm in Alaska, there are still restrictions on where firearms can be carried. It is illegal to possess a gun in a courthouse, on any school grounds (without permission), at a domestic violence or sexual assault shelter, or a licensed child care facility (excluding private residences). Additionally, bar patrons cannot possess firearms, and it is illegal to possess a firearm in a restaurant that sells alcohol unless the individual is not drinking. It is also illegal to possess a firearm while impaired by alcohol or drugs.

Although there is no state statute prohibiting firearms in certain places, administrative regulations may apply. Businesses, for example, may prohibit the possession of firearms beyond a secure point where visitors are screened. Hotels and inns may also have their own rules regarding concealed carry while on their property. However, as per Alaska's Right to Keep and Bear Arms (Article I, Section 19 of the Alaska Constitution), an employer cannot prohibit employees from storing their firearms in their locked vehicles as long as they are legally allowed to own them.

It is important to note that while a permit is not required for concealed carry in Alaska, there are still qualifications that must be met. For example, an individual must not have been convicted of two or more Class A misdemeanors within the preceding six years or been ordered by a court to complete an alcohol or substance abuse treatment program in the preceding three years. These requirements are in place to ensure responsible gun ownership and use.

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The right to keep and bear arms

> "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."

The second sentence was added in 1994, clarifying that the right to bear arms is an individual right, unconnected to service in an official militia. This is significant because it aligns with the US Constitution's Second Amendment, which guarantees the right to keep and bear arms.

Alaska is considered a "constitutional carry" state, meaning that individuals do not need a permit to carry a firearm, either openly or concealed, as long as they are legally allowed to own one. This right extends to storing firearms in locked vehicles in most cases. However, it is important to note that there are still restrictions on where firearms can be carried, including schools, courthouses, hospitals, bars, and certain restricted areas. Additionally, individuals cannot possess firearms while impaired by alcohol or drugs, and businesses and employers may prohibit firearms in specific areas.

While Alaska allows for the open and concealed carry of firearms without a permit, it does have a permitting system. This system allows individuals to carry concealed firearms in other states with reciprocity agreements and provides exemptions from background checks when purchasing additional firearms. Obtaining a permit requires meeting certain qualifications, such as not having a recent conviction for specific misdemeanors or court-ordered substance abuse treatment.

It is worth noting that, while Alaska's constitution guarantees the right to bear arms, the Ninth Circuit Court of Appeals held in Peruta v. San Diego (2014) that the Second Amendment does not protect the right to carry concealed firearms in public. As Alaska falls under the jurisdiction of the Ninth Circuit, this sets a precedent unless overruled by the US Supreme Court.

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No public records of concealed handgun permit holders

Alaska does not require a permit to carry a concealed firearm. However, the state has retained its permitting system for those seeking reciprocity with other states or those who want to be exempt from background checks when purchasing additional firearms.

While Alaska does not require a permit for concealed carry, there are still laws and regulations in place regarding firearms. For example, it is illegal to possess a gun in a courthouse, on school grounds (without prior permission), at a domestic violence or sexual assault shelter, or a licensed childcare facility (except a private residence). Additionally, bar patrons and individuals in restaurants serving alcohol (unless they are not drinking) cannot possess firearms.

Alaska law also prohibits individuals from possessing firearms while impaired by alcohol or drugs and in certain restricted areas, such as government buildings. It is also worth noting that while Alaska does not prohibit concealed carry in hotels or inns, individual establishments may have their own rules regarding this matter.

Despite the lack of a permit requirement for concealed carry in Alaska, there are still basic qualifications that applicants must meet to obtain a permit for reciprocity or background check exemption purposes. These qualifications include not having been convicted of multiple misdemeanors within a specific time frame and not being ordered by a court to complete an alcohol or substance abuse treatment program.

It is important to note that Alaska does not allow the application, permit, or renewal information of concealed handgun permit holders to be made public. Such records are restricted for law enforcement purposes only.

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Where you can't carry a firearm

Alaska is a "shall-issue", "permitless carry" state with some of the most relaxed gun laws in the US. Anyone over the age of 21 who can legally possess a firearm may carry a concealed firearm on their person without a license or permit. However, there are several places where carrying a firearm is prohibited:

  • Federal property, including offices, military installations, airport terminal areas, and other places under federal jurisdiction.
  • K-12 schools and any place where alcohol is sold for on-site consumption. There is an exception for restaurants that serve alcohol, provided the carrier is not consuming alcohol.
  • Domestic violence shelters, courts, and correctional institutions.
  • Establishments where alcohol is served, unless the carrier is not drinking.
  • Licensed childcare facilities (other than a private residence), unless permission has been obtained from the chief administrative officer of the school or district ahead of time.

In addition, it is illegal to possess a firearm while impaired by alcohol or drugs, and employers may prohibit guns from company vehicles and "restricted access" areas.

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Carrying a firearm at work

Alaska is a "shall-issue" state, meaning that as long as an applicant passes the basic requirements set out by state law, the issuing authority will issue a concealed carry permit. Alaska does not require a permit to carry a concealed firearm, allowing anyone 21 or older who may legally possess a firearm to carry one openly or concealed without a license or permit. However, a permit can be obtained 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 generally must issue a permit to carry a concealed handgun if the applicant meets certain qualifications.

The basic qualifications to obtain a permit require that an applicant:

  • Has not been convicted of two or more class A misdemeanors (or similar laws in another jurisdiction) within the preceding six years.
  • Is not currently in, nor in the preceding three years, ordered by a court to complete an alcohol or substance abuse treatment program.

It is illegal to possess a gun in a courthouse, on any school grounds (unless permission has been obtained ahead of time), at a domestic violence or sexual assault shelter, or a licensed child care facility (other than a private residence). It is also illegal to possess a firearm while impaired by alcohol or drugs or in a bar or restaurant where alcohol is sold (unless the carrier is not drinking).

Businesses may prohibit the possession of firearms in areas beyond secure points where visitors are screened, and each hotel or inn may have its own rules regarding concealed carry while on their property. Employers may prohibit guns from areas that are “restricted access” and not accessible to the general public, as well as from company vehicles. However, employers are not allowed to prohibit employees from storing their firearms in their locked vehicles as long as they are legally allowed to own a firearm.

When in a vehicle, firearms must be in plain sight or concealed out of reach. If carrying a concealed weapon, individuals are required by law to inform a police officer that they have a gun on them or in their vehicle.

Frequently asked questions

No, you do not need a permit to carry a firearm in Alaska. However, a permit is required to carry a firearm in another state with reciprocity with Alaska.

Firearms are not allowed in courthouses, on school grounds, at domestic violence or sexual assault shelters, or in licensed childcare facilities (except private residences). They are also prohibited in bars and restaurants that serve alcohol, unless the carrier is not drinking. Firearms are also not allowed in restricted-access areas.

Yes, state law does not prohibit carrying a firearm in a hotel or inn. However, each hotel or inn may have its own rules regarding this.

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