So according to the site map, Alaska is a gold star state for any type of carry, but, according to several AK police department websites, a permit/license is required to CC now? Is this correct? I am having a hard time finding the statute on it. Any help?! Thanks!
Could you please give an example of these police web sites you're referencing?
“The claim and exercise of a constitutional right cannot be converted into a crime.”
[Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
“There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
[Sherar vs. Cullen, 481 F2d. 946 (1973)]
Maybe their sites haven't updated in a long time.
However, the link referenced above says:Carry Conceal Permits
The Alaska State Legislature recently passed new language in the law requiring a Permit to Carry a Concealed Weapon (AS 18.65.700). The new law has many residents in Alaska wondering what this new language means. For informational purposes only, click the link to view the current state law.
Last edited by NavyLCDR; 08-31-2011 at 10:47 PM.
Anchorage PD is a bunch of d**ks.
Just go by the STATE LAW as to where you can't carry and you should be ok.
I hardly ever go to anchorage its a cesspool.
If I have a contact with law enforcement I do not let them touch my handgun,
I tell them they can secure mine when I can secure theirs. They still need consent,
I refuse to consent.
Alaska has "constitutional carry" with optional permits (for Federal GFSZA and reciprocity purposes) if you want them. There is also preemption which is reasonably strong.
The advice on muni website about signage is decent advice but not legally binding. "No guns" signs in Alaska don't have the force of law. You do need to leave if asked to leave by a responsible adult, or it is criminal trespass. You also need to get permission before entering a person's residence.
The only thing the muni can do is ban carry in buildings which are posted AND have a security checkpoint at each entrance open to the public, and regulate the discharge of firearms. They dragged their feet on "unposting" some places (like the library) but those signs are down now too. About the only ambiguous place in Anchorage is the campus of UAA, and I believe a lawsuit is still pending there.
I know Anchorage Muni is one of the less gun-friendly jurisdictions, but I haven't heard of them harassing people over entering gun-free bubbles. For example, you don't read about OC'ers getting harassed over the federal GFSZA, getting within a parking lot of a strip mall that happens to have a day care, etc. They could, though, so perhaps a reason to either do your homework to 100% ensure you're legal and/or to be discreet.
I think Sitka still has an ordnance on the books that restricts carry in the downtown areas. That is also toothless due to preemption and I doubt it would stand up to the state preemption law.
Pointing out the verbage/signage/policies which are no longer legit to local authorities may be succesful (seemed to work at Loussac). Lawsuits (or threat thereof) may also work. Finally, I wouldn't be upset at a tougher Florida-style preemption law that holds local officials personally liable for ignoring the preemption statute, but we don't have that today.
As a current cesspool dweller and daily open carrier I can say that I've never had any problems during encounters with APD. Each time they've been polite and professional. Maybe I've been lucky.
i have never ever had a bad exp with ast's or apd when c.c or o.c tho i found something very intresting that i would like someone else to looking into,i found that you can o.c at the the age of 14?? is that true? and iam also looking for a range buddy as well fyi new to site thanks and hope everyone is enjoying this dam snow lol
§ 922. Unlawful acts
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
there is a state law in alaska...er well i should say i heard about a state law that says otherwise? idk just asking cuase ive never heard of it before
Last edited by NavyLCDR; 11-10-2011 at 08:18 PM.
What about a rifle?
Last edited by apjonas; 11-21-2011 at 08:38 PM. Reason: typo
The ATF disagrees with you:Originally Posted by apjonas
Notice how the ATF is interpreting the exceptions in 18 USC 922(x):Q: May an employee of a licensed dealer, such as a manager or clerk, who is under 21 years of age, sell handguns and ammunition suitable for use in handguns for the licensee? Yes, if the employee is not a prohibited person (e.g., a felon). However, to sell handguns, a person less than 18 years of age must have the prior written consent of a parent or guardian and the written consent must be in the person’s possession at all times. Also, the parent or guardian giving the written consent may not be prohibited by law from possessing a firearm. Moreover, State law must not prohibit the juvenile from possessing the handguns or ammunition.
[18 U.S.C. 922(x)]
The <18 years of age employee may possess the firearm:
In the course of employment (working for the FFL which satisfies paragraph (i)) AND
Prior written consent of the parent or guardian (paragraph (ii)) AND
Who is not a prohibited person (another paragraph (ii) requirement) AND
The written consent is in the employees possession at all times (paragraph (iii)) AND
State law must not prohibit the juvenile from possessing the handgun or ammunition (paragraph iv).
If all 4 conditions did not have to be met, only "in the course of employment" AND "state law allows it" would be necessary.
Besides, if only (ii) or (iii) were required, than what would be the point of having paragraph (iii) at all?
Last edited by NavyLCDR; 11-21-2011 at 08:44 PM.