Alaska Department of Public Safety Frequently Asked Questions Firearms

Yes.

Yes; unless one of the following circumstances exist:

1. “adjudication was withheld;” or
2. a “suspended imposition of sentence” was granted and a court later issued an order “setting aside” the conviction; or
3. the conviction later was “dismissed;” or
4. a period of 10 years or more has elapsed between the date of unconditional discharge from probation/parole supervision and the conviction was not for an offense  against a  person - a crime in violation of Alaska Statutes 11.41 or similar law of the United States, another state,  or territory; or
5. a State Governor or the President of the United States granted a pardon for the conviction and the terms of the pardon do not restrict the right to possess firearms or ammunition.

Yes.

Yes; provided the protective order:

• First, was issued after a court hearing as to which you received notice and had the opportunity to participate (all one year Alaska DVPO orders meet this requirement); and
• Second, protects your spouse, your former spouse, a child of yours, the father/mother of a joint child of yours, or a person with whom you have cohabited (the checking of box 1(a), 1(b), or 1(f) on page one of Alaska DVPO one year, Rev. 1/07;  or box C(3)(a), C(3)(b), C(3)(c), or C(3)(e) on page two of Alaska DVPO - one year, Rev. 10/10 & 5/11 meets this requirement);  and
• Third, includes a finding of a credible threat to physical safety (the checking of box 4 on page one of Alaska DVPO one year order, Rev 1/07; or box C(5) on page two of Alaska DVPO - one year order, Rev. 10/10 & 5/11 meets this requirement); and
• Fourth, prohibits the use, attempted use, or threatened use of physical force (the checking of box 1(a) on page two of Alaska DVPO one year, Rev. 1/07; or box 1(a) on page three of Alaska DVPO - one year, Rev. 10/10 & 5/11 meets this requirement); and  
• Fifth, the prohibition on the use, attempted use, or threatened use of physical force has not been dissolved by later court order. (Page six of Alaska DVPO - one year, Rev. 1/07 and page one of Alaska DVPO - one year, Rev. 10/10 & 5/11 expressly provide that the prohibition on use, attempted use or threatened use of physical force remains in effect indefinitely.)

Yes; unless one of the following circumstances exist:

1. “adjudication was withheld;” or
2. a “suspended imposition of sentence” was granted and a court later issued an order “setting aside” the conviction and the conviction was not for a crime against a person – a crime in violation of Alaska Statutes 11.41 or similar law of the United States, another state,  or territory; or
3. the conviction later was “dismissed;” or
4. a period of 10 years or more has elapsed between the date of unconditional discharge from probation/parole supervision and the conviction was not for an offense  against a  person - a crime in violation of Alaska Statutes 11.41 or similar law of the United States, another state,  or territory; or
5. a State Governor or the President of the United States granted a pardon for the conviction and the terms of the pardon do not restrict the right to possess firearms or ammunition.

Yes.

Yes.

Yes

Yes.

Yes.

Yes.

Yes; unless the possession is in direct connection with lawful hunting or a lawful organized athletic or sport shooting event.

Yes.

Yes.

Yes.

Yes.

Yes.

No. In Alaska, anyone who is 21 years of age or older and legally allowed to possess a firearm is permitted to carry the firearm concealed without a permit.

Yes. The law requires you to immediately inform the officer that you are in possession of the firearm; failure to do so is a criminal offense.

You can contact the Canadian Firearms information Office at (800) 731-4000 for information about possessing firearms and ammunition in Canada

Yes.

Yes, unless the terms of the pardon provide that the prohibition on possessing firearms and ammunition is to remain in effect.

Yes.

No, except that Alaska does recognize pardons issue by the Governors of other states.

Convictions for felony offenses against persons trigger life time prohibitions which cannot be lifted by anything other than the granting of a pardon. Prohibitions arising from other felony convictions are lifted as a matter of law after the expiration of a period of 10 years following unconditional discharge from probation and parole.

Yes.

Yes. The conviction and resulting prohibition remains in effect unless and until a court later issues a separate order expressly "setting aside the conviction."

Yes. Juvenile adjudications have the same effect as adult convictions regarding firearm possession in Alaska.

No. All have the same effect.

The State of Alaska's interpretation of the current status of the law, as established in 2007 by the Ninth Circuit Court of Appeals in United States v. Nobriga, 474 F. 3d 561, is that such convictions do not trigger a prohibition for purposes of state court prosecutions. This interpretation is subject to change if additional court case decisions are issued in the future. Additionally, the United States Department of Justice's interpretation of the Nobriga decision, for purposes of federal prosecutions, may differ from the interpretation of the State of Alaska.

Convictions for Alaska misdemeanor offenses, other than domestic violence assault, do not trigger firearm prohibitions. As reflected in the answer to question 31, convictions for Alaska domestic violence assault do not trigger a prohibition for purposes of state court prosecution. Prohibitions arising from the issuance of court orders, including domestic violence protective orders, are dependent on the terms of the order. Prohibitions arising from domestic violence protective orders remain in effect indefinitely unless later expressly dissolved by separate court order.

Black powder guns that meet the federal definition of being "antique firearms" are not classified as firearms and therefore may be lawfully possessed by persons prohibited from possessing firearms. Black powder for use in antique firearms in connection with sporting, recreational or cultural purposes is not classified as ammunition and may be possessed in a quantity not to exceed 50 pounds by persons prohibited from possessing ammunition.

Yes.