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Thread: State firearm laws.

  1. #1
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    ok guys time to bring the resources of the masse to use. We have been asked to outline the states firearm laws for publishing on the state page here on Opencarry.org

    here are the things we need to know

    1. Legal age to carry CC, legal age to carry OC

    2. Places offlimits

    3. are background check required for sales at gunshows and private sales.

    4. laws about carrying on school property.

    any anyother info that you would like to have put on the state page.

    I will start with number

    1. the legal age to CC a firearm is 21 per Alaska Statute 11.61.220



    2. Alaska Statute 18.65.755


    I will be adding to this. need to run for a few min so I cnat finish the info I have right now

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    I must be dumb, but i have a hard time reading the stautes when all through it it'll say some thing, and then be "repealed dadadad"

    Sec. 18.65.755. Places where permittee may not possess a concealed handgun.
    (a) A permittee may not possess a concealed handgun
    (1) [Repealed, Sec. 7 ch 62 SLA 2003].
    (2) anywhere a person is prohibited from possessing a handgun under state or federal law.
    (b) [Repealed, Sec. 20 ch 1 SLA 1998].
    (c) In addition to any other penalty provided by law, a person who violates this section is guilty of a class B misdemeanor.

    So where does it actually talk about the places you can't carry?


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    "under state or federal law"

    u must have pulled up a muni code. and it would say that since no city or town is allowed to choke the rules for firearms more then the state/fed. the onlything they can do is tell you where you can't discharge it.

    im gathering info but I have been really busy lately so its going kinda slow.

  4. #4
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    murphyslaw wrote:
    ok guys time to bring the resources of the masse to use. We have been asked to outline the states firearm laws for publishing on the state page here on Opencarry.org

    here are the things we need to know

    1. Legal age to carry CC, 21legal age to carry OC 16 unless supervised by adult

    2. Places offlimitsbars, federal buildings, schools

    3. are background check required for sales at gunshows and private sales.

    4. laws about carrying on school property.

    any anyother info that you would like to have put on the state page.

    I will start with number

    1. the legal age to CC a firearm is 21 per Alaska Statute 11.61.220



    2. Alaska Statute 18.65.755


    I will be adding to this. need to run for a few min so I cnat finish the info I have right now
    It's all in the statutes, I'll find the reference numbers this weekend, I just remember it all from the hours I spent tryin' to make sure I was legal to OC at 17.





    Jon

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    Don't know the law offhand, but believe handguns require a background check at gunshows. long guns do not if you have a valid alaska driver's license.

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    Regular Member Flintlock's Avatar
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    The answer to this question is both yes and no. "Dealers" are required to have you submit to a back ground check, but private sellers at gun shows are not, whether it be a handgun or a rifle.








    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.

    Peace through superior firepower

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    Regular Member Flintlock's Avatar
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    This is the link for the rest of the laws pertaining to carrying firearms and alsothe places that are off-limits.



    http://www.dps.alaska.gov/statewide/...p/ACHPRegs.pdf
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

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    Flintlock wrote:
    This is the link for the rest of the laws pertaining to carrying firearms and alsothe places that are off-limits.



    http://www.dps.alaska.gov/statewide/...p/ACHPRegs.pdf
    Ok! That link has the exemption allowing carriage of a firearm in a restuarant even if they serve alcohol.






    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




    (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;



    (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 04.16.049and the defendant did not consume intoxicating liquor at the place;

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    Regular Member Flintlock's Avatar
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    Baradium wrote:
    (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 04.16.049and the defendant did not consume intoxicating liquor at the place;
    So let me get this straight... Is this the first and only anti-open carry statute in Alaska? Must it be concealed in order to carry in restaurants?
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

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    Regular Member Flintlock's Avatar
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    The link also mentioned all the statutes pertaining to school property but I cannot find anything about university campus property. Am I correct inassuming that it is indeed legal to carry at UAA and UAF property?
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

  11. #11
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    Flintlock wrote:

    So let me get this straight... Is this the first and only anti-open carry statute in Alaska? Must it be concealed in order to carry in restaurants?
    Good catch...

    Actually. You can open carry in restaurants *unless* they serve alcohol is the way it reads. This is dealing with the prohibition of carrying where alcohol is served for consumption on premises. The exemption for the prohibition if it's a restuarant specifies concealed carry.



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    Regular Member Flintlock's Avatar
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    Baradium wrote:
    Flintlock wrote:

    So let me get this straight... Is this the first and only anti-open carry statute in Alaska? Must it be concealed in order to carry in restaurants?
    Good catch...

    Actually. You can open carry in restaurants *unless* they serve alcohol is the way it reads. This is dealing with the prohibition of carrying where alcohol is served for consumption on premises. The exemption for the prohibition if it's a restuarant specifies concealed carry.

    That's very interesting.. I did not know that there was any specific restriction against OC in Alaska. It doesn't mention that you can't OCbut I see what you are getting at...
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

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    you may open carry, if i understood my CCW class, is that you may open carry where alcohol is sold, as long as the weapon is not loaded, and there are no cartiges installed in the weapon.

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    Regular Member Flintlock's Avatar
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    Rabid SA-XD wrote:
    you may open carry, if i understood my CCW class, is that you may open carry where alcohol is sold, as long as the weapon is not loaded, and there are no cartiges installed in the weapon.
    The difference is that is for alcohol for on-premises consumption, not just sold. The link I provided earlier in this threadconfirms that. I can walk into a Oaken Keg open carrying just fine but if I go to Applebees, I need to conceal or open carry unloaded.
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

  15. #15
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    correct. there is a great artice on my homepage with some great info about CCW...
    tk-o.com

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    Flintlock wrote:
    Rabid SA-XD wrote:
    you may open carry, if i understood my CCW class, is that you may open carry where alcohol is sold, as long as the weapon is not loaded, and there are no cartiges installed in the weapon.
    The difference is that is for alcohol for on-premises consumption, not just sold. The link I provided earlier in this threadconfirms that. I can walk into a Oaken Keg open carrying just fine but if I go to Applebees, I need to conceal or open carry unloaded.




    I find this particularly stupid, as most restaurants around here have some type of alcohol you can get.



    Jon

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    Regular Member Flintlock's Avatar
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    akhunter3 wrote

    I find this particularly stupid, as most restaurants around here have some type of alcohol you can get.


    Agreed. But there is somethingeven more stupid than that... If you walk into Koots or some other bar, you can't carry at all, I don't believe.
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

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    I'm with you there also. I know other states allow bar carry so long as it is concealed. I think that would be perfectly acceptable up here.



    As for restaurant carry, maybe they could work something out. I believe some states allow OC and simply require CC if your going to be in the bar area of the restaurant.



    Might have to draft a letter to our darling government!





    Jon

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    Regular Member Flintlock's Avatar
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    akhunter3 wrote:
    I'm with you there also. I know other states allow bar carry so long as it is concealed. I think that would be perfectly acceptable up here.



    As for restaurant carry, maybe they could work something out. I believe some states allow OC and simply require CC if your going to be in the bar area of the restaurant.



    Might have to draft a letter to our darling government!





    Jon
    Indeed. It's always good to write letters to the represenatives to keep them in the loop aboutour feelings. As an example, Virginia allows OC where alcohol is served for on-premises consumption, but CC is not allowed, even with a permit to carry concealed.But we can take our guns concealed into restaurants that servebut not "bars" (which Virginia doesn't really have that I have seen)and Alaskanscannot OC in either and can't carry in the bars in any way unless I missed something. Seems screwed up both ways if you ask me.

    I will start drafting my letter this week.



    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

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    Quick and urgent question: I just started orientation for a job at one of the wonderful big box stores today... And the woman doing the orientation was reading from the Book and came to weapons and employees... She read from the book and pretty much told us we could not even have pocket knives in our vehicles. Or a Leatherman on your belt while working... Because 2+ inches is EVIL WEAPONZ. Ahem. I find this not only plain stupid but hypocritcal considering they sell knives, especially Leathermans, of all sizes. She also acted as though anything in your vehicle was subject to company scrutiny and even used the line "If you have nothing to hide, what are you worrying about?" Groan.

    What I'm asking: What are the Alaskan laws regarding weapons kept in your vehicle? I'm sure as hell not wanting to remove my trunk gun or not be able to leave my M1911 in the locked vehicle while working, and the pocket knife thing... Well, I won't comment on that. Anyone have an idea? I thought most states had the policy that it was the right of the citizen to keep whatever they wanted in their vehicle even if it was on company property. This was in fact mentioned in the book but not by the presenter. :? I'm going to be highly annoyed if Alaskan law sides with corporations over this. Thanks. - Schofield

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    Schofield, it appears that you can take your guns to work (depending on where you work) as long as they are left in the car. Employers reserve the right to not admit guns in their stores for employees to carry but I have found nothing to substantiate them having authority to search your vehicle or prohibit you from having firearms in the vehicle. They may have an old and outdated employee handbook.

    http://www.usatoday.com/news/nation/...-gunlaws_N.htm

    http://www.usatoday.com/news/nation/...-gunlaws_N.htm

    http://tk-o.com/tko/pdf/CCRev18.pdf


    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

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    I'm pretty damn sure I'm in the right here, it would just be useful to have something specific to cite. I wouldn't even be this worked up about it because it's my business what I have in my vehicle and it IS their property so I won't have a weapon while on the clock, obviously... But she made the absurd assumption someone is going to break into a vehicle, somehow find the concealed weapon... Suddenly decide to go on a rampage and come into the store shooting. And this is totally ignoring the fact that the business sells sharp axes on the rack that anyone can pick up and start hacking away... Oh, and the ballistically-driven .22 caliber nail guns... Yep.

  23. #23
    Regular Member Flintlock's Avatar
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    Schofield wrote:
    I'm pretty damn sure I'm in the right here, it would just be useful to have something specific to cite. I wouldn't even be this worked up about it because it's my business what I have in my vehicle and it IS their property so I won't have a weapon while on the clock, obviously... But she made the absurd assumption someone is going to break into a vehicle, somehow find the concealed weapon... Suddenly decide to go on a rampage and come into the store shooting. And this is totally ignoring the fact that the business sells sharp axes on the rack that anyone can pick up and start hacking away... Oh, and the ballistically-driven .22 caliber nail guns... Yep.
    Schofield, out of trying to help you and for my own personal curiosity, I have been searching for related statutes since yesterday. I am not a lawyer, butI haven't been able to find anything that allows an employer (except perhaps federal employers) to search a vehicle even on their ownproperty.

    They are allowed to restrict the possession of firearms on their premises to employees, but from what I have been able to find, they have no say on what you have stored in your vehicle. Alaska constitutional law is favorable to personal privacy. Employers may have you take a psychological evaluation, drug test you,and may fire you at will for just about any reason, but they can't search your vehicle and neither can the police without probably cause to a criminal act. Again, uless I am missing something, it may be worth a call to a lawyer to confirm...

    www.enotes.com/jax/index.php/works/download/type=encyclopedia/notes=everyday-law-encyclopedia/id=privacy/

    Alaska constitution:

    § 22. Right of Privacy

    The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section. [Amended 1972]

    § 14. Searches and Seizures

    The right of the people to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures, shall not be violated. No warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

  24. #24
    Regular Member Flintlock's Avatar
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    In case it is ever needed, here are the Alaska laws pertaining to recording conversations.

    Alaska Stat. § 42.20.310: It is illegal in Alaska to use an eavesdropping device to hear or record a conversation without the consent of at least one party to that conversation, or to disclose or publish information that one knows, or should know, was illegally obtained. A person who is not a party to a private conversation who receives information from that conversation cannot legally divulge or publish the information. Alaska Stat. § 42.20.300.
    The state's highest court has held that the eavesdropping statute clearly was intended to prohibit third-party interception of communications and is not applicable to a participant in a conversation. Palmer v. Alaska, 604 P.2d 1106 (Alaska 1979). Any violation of the eavesdropping laws is a misdemeanor subject to a fine of up to $1,000 and/or one year in jail, and suppression of the contents in court is the only civil penalty authorized. Alaska Stat. § 42.20.330.
    The state hidden camera statute applies only to images that include nudity. A person who views or produces a picture of a nude or partially nude person without consent commits the crime of "indecent viewing or photography." Alaska Stat. § 11.61.123.
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

  25. #25
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    That whole pocket knife thing is rediculous. I wonder what type of legal standing that even has, seeing as so long as it is a 'regular pocket knife' it is not considered a weapon by the state? Wouldn't that be like saying your not allowed to wear socks at work?




    EDIT- Does anyone know where I can find the verbage for OCing in a vehicle?





    Jon


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