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Thread: OC for military in Alaska?

  1. #1
    Regular Member ainfantry7's Avatar
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    New to Alaska and the Forums, so I have some questions concerning my ability to carry off base.

    I come from a small town in Virginia where it is legal to OC with your parent's permission at the age of 16. However since moving to AK, I read that it's legal to OC at the age of 14. I am 18, moved up to AK 7 months ago, and am military.

    My questions are:

    -Can I OC a handgun in Anchorage?

    -Is there any problems with OCing a handgun which I aquired through private sale?

    -If I cannot OC in Anchorage, what about surrounding areas? Such as Eagle river, Birchwood, and Butte...

    -When approached by an LEO, what should I tell him or carry with me as far as paperwork showing that I can legally carry where I'm at?

    I have already been pulled over several times while carrying a Glock 22 on my possession. I have had nothing but pleasant experiences with the LEO's up here. How can I maintain this positive relationship between the local law enforcement and I while still carrying wherever I go?Arethere going to be any implications with my carrying in public with a clocked and locked government 1911? Should I carry a SIG instead because of the scare factor of a cocked and locked hammer showing?

    Any and all input would be helpful, thank you all for your time and intrest in helping me with this matter.

    Jess


    Oh, I forgot to mention, if any of you would like me to join in on an OC get together just send me a message.

  2. #2
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    being 18 you may carry. you CAN NOT conceal carry under 21.


    You will need to get with your sponsor about the regulation of it. I know here about a yr ago the airforce or army(cant remember) passed a regulation making it illegal for soldiers off duty to carry while off base.

  3. #3
    Regular Member ainfantry7's Avatar
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    Yes, I heard something like that too. Is that still in play? Just to clear this up for me, is there any problem with me buying a handgun via private sale to OC?

    I just talked to the MP's office...The MP I talked to said there is no Open Carry off post other than when involved in "outdoor activities". He also said while transporting firearms in a vehicle to and from the range they have to be unloaded.the problem I have with that is that it doesn't say anything about OCing...? Can I legally OC while inAnchorage?

    Pay special attention to the second sentance in 1. Also 2a. Tell me what this means to you. I just don't get it, I've been pulled over before while carrying and gave my military ID along with my other. Wouldn't they have said something?

    DEPARTMENT OF THE ARMY
    HEADQUARTERS, U.S. ARMY ALASKA
    724 POSTAL SERVICE LOOP #5000
    FORT RICHARDSON, ALASKA 99505-5000
    APVR-RUPM 20 Sep 2007
    MEMORANDUM FOR SEE DISTRIBUTION
    SUBJECT: Concealed Weapons Policy (CG/CofS Policy #0-20)
    1. Carrying concealed deadly weapons by USARAK Soldiers represents a significant risk to the safety
    and welfare of this command. Accordingly, all Soldiers assigned or attached to USARAK are prohibited
    from carrying a concealed deadly weapon in public places off of all USARAK posts. All persons are
    prohibited from carrying concealed deadly weapons on USARAK posts IAW USARAK Regulation 190-
    1.
    2. Definitions:
    a. Carry means on or about the person, or uncased within the immediate vicinity of the person, so as
    to be available for immediate use, e.g. in the person’s automobile.
    b. Deadly weapon means any firearm or anything designed for or capable of causing death
    or serious physical injury.
    c. Concealed means hidden from plain view.
    d. Firearm means a weapon, including a pistol, revolver, rifle, or shotgun, whether loaded or
    unloaded, operable or inoperable, designed to expel a projectile by the action of an explosive charge or
    primer.
    e. Public place means a place to which the public or a substantial group of persons has access. This
    includes locations involved in the sale of alcoholic beverages, highways, transportation facilities, schools,
    places of business, places of amusement, parks, playgrounds and prisons. It also includes hallways,
    lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed
    for actual residence.
    3. This policy is punitive. Soldiers who fail to comply with the requirements of this policy are subject to
    adverse administrative action and/or punishment under the Uniform Code of Military Justice.
    STEPHEN R. LAYFIELD.
    Major General, USA
    Commanding
    DISTRIBUTION:
    A

  4. #4
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    He's saying there might be a MILITARY regulation against it.



    There's no alaska regulation or other problem with you open carrying off base.



    I carry a cocked and locked 1911-A1, I consider it safer than a glock. When someone says something about it, I explain it.



  5. #5
    Regular Member ainfantry7's Avatar
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    Now I'm really confused...? I talked to the MP's again, this time to a SSGT...After reading to him the memo put out by the CG (outlining points I made above) he said that I could OC in Anchorage. Then when I asked him the same question just to make sure of things he said that "as far as the Army is concerned I can open carry when doing outdoor activities." So he just confused the heck out of me even more...

  6. #6
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    ainfantry7 wrote:
    Now I'm really confused...? I talked to the MP's again, this time to a SSGT...After reading to him the memo put out by the CG (outlining points I made above) he said that I could OC in Anchorage. Then when I asked him the same question just to make sure of things he said that "as far as the Army is concerned I can open carry when doing outdoor activities." So he just confused the heck out of me even more...


    He's saying anything off post is an outdoor activity.



    So yes, you can open carry off post. Or base, depending on what branch you are in.

  7. #7
    Regular Member ainfantry7's Avatar
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    Ok great! So now all that I need to get is something in writing...Guess I'll have to go to the PMO's office sometime. I just called APD too, they had no idea what open carry was...? I guess I kind of confused her too...everyone says that I have a heavy accent when saying "open", "oil", etc...haha.

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    There's no "need" to get something in writing, although I guess if you feel a need to...

    Really though, a copy of the law would probobly work better for civilian LEOs if you felt the need to carry something anyway.

  9. #9
    Regular Member ainfantry7's Avatar
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    Yeah, I'd just like to have some literature for non-informed individuals. Good to have if anyone ever talks to you about OCing in public. I wonder if I should wear a "McWhat'shisface/Palin for President" pin too...haha.

  10. #10
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    The troopers or city officers will not/should not say anything about the USARAK rules. its not there business.

    if you were ever charged with a crime and were in possesion of a firearm as described in section 2a then the military would take action against you.

    my view of section 2a is that if you have a firearm readily available you are in violation. so as the MP said. unloaded and in a locked case. OC would be possession as well as CC. They mention CC but also say Carry means on or about the person, or uncased within the immediate vicinity of the person, so as
    to be available for immediate use, e.g. in the person’s automobile. so any time its not locked up.

    What I get from this is that unless you are out camping hunting or other outdoor recreational activity's you may not carry or have ready access to a firearm.

    you can thank this on one soldiers that decided to have a gun fight with some punks outside of a bar two years ago. This is an Alaska USARAK regulation only. you will not find this anywhere else that I know of. I heard it all happen I live 5 blocks form said bar.



    The military is great, but when you sign on that line you also wave away a good deal of your constitutional rights, such as the right to bear arms.

  11. #11
    Regular Member ainfantry7's Avatar
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    Ugghhh...I just need to talk to JAG...These laws are way over my head...

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    Make sure you emphasize you will be carrying OFF BASE...they will tell you about on-base carrying being illegal (duh!)

  13. #13
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    murphyslaw wrote:
    The troopers or city officers will not/should not say anything about the USARAK rules. its not there business.

    if you were ever charged with a crime and were in possesion of a firearm as described in section 2a then the military would take action against you.

    my view of section 2a is that if you have a firearm readily available you are in violation. so as the MP said. unloaded and in a locked case. OC would be possession as well as CC. They mention CC but also say Carry means on or about the person, or uncased within the immediate vicinity of the person, so as
    to be available for immediate use, e.g. in the person’s automobile. so any time its not locked up.

    What I get from this is that unless you are out camping hunting or other outdoor recreational activity's you may not carry or have ready access to a firearm.

    you can thank this on one soldiers that decided to have a gun fight with some punks outside of a bar two years ago. This is an Alaska USARAK regulation only. you will not find this anywhere else that I know of. I heard it all happen I live 5 blocks form said bar.



    The military is great, but when you sign on that line you also wave away a good deal of your constitutional rights, such as the right to bear arms.


    So is it then Army can't carry and Air Force can?

    But then you say 2a only applies if you are committing a crime? It's already a violation to carry while committing a crime anyway, that just adds a military jurisdiction to it.

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    Ok,

    This pissed me off when the CG put it out and I tried to fight it using my congresswoman. No avail.

    Alaska is a Gold Open Carry state. State law allows you to carry.

    The issue was that there was a firefight between three soldiers off base. It turned out to be self protection but before the court case was finished the CG put a policy letter out stating that "Soldiers" assigned to an Alaska command cannot carry concealed off base. This is not a state or federal law. It is a USARAK policy.

    As a Soldier you are given an order from a superior officer that tells you that you cannot carry concealed off base. Does not cover open carry. Question is do you want to try it?

    I can guarantee you will be counseled and suffer nonjudicial punishment. Not because you are doing something wrong, just because the morons will be quick to "fix" a nonexistent problem so they look good for their boss.

    Wait until I get stationed there. I can retire at any time now so I would not be afraid to try it and fight the fight.

    Otherwise, good luck.

  15. #15
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    it states "concealed carry" but also states possession on or about the person. that would cover OC as well.

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    Murphy is right. The CG limits whatmilitary members who are under his commandcan do as far as OC and Concealed Carry. What makes it further confusing is that AK state law allows bothexcept under a few circumstances that can be found under the maps area on this website(a few are: while consuming alcohol, courtrooms, child care facilities, etc). Like you noted you are supposed to notify any LE Officer that approaches you that you are armed. It is common, especially outside of Anchorage for many people to be armed, so most LEOs are used to it. Make sure that you do notify them.

    Basically what the Law Enforcement folks at the PMO mean by "outdoor activities" is fishing, hunting, hiking, berry picking, gold panning, etc, etc that can be done legally with an OC firearm. What they do not allow on post is carrying your firearm to and from those activities, loaded, within reach in your vehicle, uncased etc. If you think that they meant going down to the mall with OC, I think that you may end up getting yourself in trouble. Compared to other cities outside, Anchorage is probably pretty tame, but they do have a gang problem. If you open carry, you may be OK after everyone freaks out and the police paperwork is done, but then the Army may prosecute you as well. Then you may lose yourfirearms privileges altogether.

    Hang in there and figure it out.

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    Regular Member MetalChris's Avatar
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    Can a soldier sue for civil rights violations?

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    Campaign Veteran Bookman's Avatar
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    HungSquirrel wrote:
    Can a soldier sue for civil rights violations?
    You know how sometimes you can Google a question and get an answer? I just Googled this question. It referenced this response on this thread.
    "All that is required for evil to prevail is for good men to do nothing." - Edmund Burke


    "I like people who stand on the Constitution... unless they're using it to wipe their feet." - Jon E Hutcherson

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    No, not for this anyway.

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    An illegal order would be if your commander tells you to do something illegal.

    It is not an illegal order when a local commander writes his own policy to keep order however he/she sees fit.

    I have always disagreed with this policy too. In other areas, USARAK allows pretty easy use of firearms out in recreation areas etc, just not on main post. I cannot recall any military or Federal installation that allowed OC or CC.

    It only takes a couple of knuckleheads to mess up things for everyone (ref: the soldiers in the "firefight" someone else mentioned in their previous post)

  22. #22
    Regular Member ainfantry7's Avatar
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    Yep, it's a shame that I can't OC in Alaska of all states...

  23. #23
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    you are in the military, you have no rights as far as your government is concerned. you signed a piece of paper that said you would obey them and follow every command. They have commanded you not to carry while off duty, it is now your responsibility as a good soldier to obey that command.

    When you are a civilian, YOU may command the government.







    dont for a second think I am in line with it, its total BS in my book.

  24. #24
    Regular Member ainfantry7's Avatar
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    That does make sense Navy LT...2a is just explaining...anyone else think the same thing?

  25. #25
    Regular Member ainfantry7's Avatar
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    I see what you're saying then...I'll just have to make some more phone calls.

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