NFA Items | Alaska Concealed Carry

NFA Items in Alaska

Alaska is one of the most permissive states in the nation regarding NFA (National Firearms Act) items. The state imposes no restrictions on NFA items beyond what federal law requires. Alaska's strong constitutional protection of the right to bear arms (Alaska Constitution, Article I, Section 19) and its history of pro-firearms policy reinforce this permissive stance.

Legal Status by NFA Item Category

Major Federal Change: P.L. 119-21 (One Big Beautiful Bill Act)

Effective January 1, 2026, P.L. 119-21 set a $0 tax rate for the making or transfer of all NFA firearms except machineguns and destructive devices. This means suppressors, SBRs, SBSs, and AOWs no longer require a $200 tax stamp payment. However, all other NFA requirements remain in effect:

• Registration in the National Firearms Registration and Transfer Record (NFRTR) is still required (26 U.S.C. § 5841)
• ATF Form 4 (Application for Tax Paid Transfer) must still be submitted and approved before taking possession
• Background checks via NICS are still mandatory (26 U.S.C. § 5812)
• Fingerprints and photographs must still be submitted to ATF
• Possession of an unregistered NFA firearm remains a federal crime (26 U.S.C. § 5861)
• The special occupational tax for manufacturers, importers, and dealers still applies (26 U.S.C. § 5801)

NFA Item Definitions Under Federal Law

Per 26 U.S.C. § 5845, NFA-regulated items include:

• Short-barreled shotgun: A shotgun with barrel(s) under 18 inches or overall length under 26 inches
• Short-barreled rifle: A rifle with barrel(s) under 16 inches or overall length under 26 inches
• Machinegun: Any weapon that shoots more than one shot automatically by a single function of the trigger, including the frame/receiver and conversion parts
• Silencer/Suppressor: Any device for silencing, muffling, or diminishing the report of a portable firearm, including component parts (as defined in 18 U.S.C. § 921(a)(25))
• Destructive device: Bombs, grenades, rockets, mines, and firearms over .50 caliber (with most shotgun exceptions)
• Any other weapon (AOW): Weapons capable of being concealed on the person from which a shot can be discharged through the energy of an explosive

Alaska-Specific Provisions

• No state-level NFA registry or additional permitting: Alaska does not maintain a state registry for NFA items or require any state permit beyond federal compliance.
• Permitless carry applies to standard firearms only: Alaska allows anyone 21 years or older who can legally possess a firearm to carry concealed without a permit (AS 18.65.800). However, NFA items remain subject to all federal NFA registration and compliance requirements regardless of Alaska's permitless carry law.
• Concealed Handgun Permit (CHP) covers handguns only: The Alaska CHP under AS 18.65.700–18.65.790 and 13 AAC 30.010–13 AAC 30.900 applies to handguns and does not extend to or address NFA items.
• Prohibited persons restrictions apply: Under AS 11.61.200 (Misconduct Involving Weapons) and federal law (18 U.S.C. § 922(g)), all persons prohibited from possessing firearms — including convicted felons, those under domestic violence protective orders, unlawful drug users, and persons adjudicated as mentally defective — may not possess any firearms, including NFA items.

Pending Legislation: Senate Bill 243 (2026 Session)

Senate Bill 243 was introduced on February 13, 2026 and referred to the Senate State Affairs Committee, which held a hearing on March 5, 2026. The bill would remove suppressors from Alaska's state-level regulated items list. While Alaska already permits suppressor ownership under federal law with no additional state restrictions, this bill would further solidify the state's position by eliminating any statutory ambiguity regarding suppressors at the state level. The bill's status should be monitored at the Alaska Legislature website.

Alaska's Pro-NFA Legal Actions

Alaska has actively opposed federal efforts to expand NFA restrictions:

• Pistol Brace Lawsuit (February 2023): Alaska Attorney General Treg Taylor joined a 24-state coalition led by West Virginia in filing suit against U.S. AG Garland and the ATF, challenging the "Factoring Criteria for Firearms with Attached Stabilizing Braces" rule. The rule would have reclassified most pistols with stabilizing braces as NFA-regulated short-barreled rifles, requiring registration, a tax stamp, and restrictions on transfer. Governor Dunleavy stated the rule was "another example of this administration blatantly attacking the constitutional rights of our citizens."

Constitutional Challenges to the NFA (2025–2026)

Following the enactment of P.L. 119-21, multiple lawsuits have been filed challenging the constitutionality of the NFA's remaining registration requirements for untaxed firearms:

1. Multi-state lawsuit (July 4, 2025): Seven organizations and an individual filed suit in federal district court against the ATF. An amended complaint (August 8, 2025) added 15 states as plaintiffs. The plaintiffs argue that with the $0 tax, the NFA's registration requirements can no longer be justified under Congress's Taxing Clause power, and that silencers, SBRs, and SBSs are "arms" protected by the Second Amendment.

2. NRA-led lawsuit (August 1, 2025): The NRA and other plaintiffs filed a parallel challenge raising similar taxing power and Second Amendment arguments.

3. Third NRA lawsuit (February 26, 2026): An additional NRA challenge to the NFA was announced.

These cases are in early stages. If successful, they could eliminate federal registration requirements for suppressors, SBRs, SBSs, and AOWs — items that already carry a $0 tax under P.L. 119-21.

Relevant Statutes and References

Alaska State Law:

• Alaska Constitution, Article I, § 19 — Right to keep and bear arms
• AS 11.61.200 — Misconduct involving weapons (prohibited persons, prohibited conduct)
• AS 18.65.700–18.65.790 — Concealed handgun permit statutes
• AS 18.65.800 — Permitless concealed carry
• 13 AAC 30.010–13 AAC 30.900 — Concealed handgun permit regulations
• Senate Bill 243 (2026) — Pending suppressor legislation

Federal Law:

• 26 U.S.C. Chapter 53 (§§ 5801–5872) — National Firearms Act
• 26 U.S.C. § 5845 — NFA item definitions
• 26 U.S.C. § 5841 — NFRTR registration requirements
• 26 U.S.C. § 5861 — Criminal penalties for unregistered NFA firearms
• 18 U.S.C. § 921(a)(25) — Definition of silencer/suppressor
• 18 U.S.C. § 922(g) — Prohibited persons
• P.L. 119-21 — One Big Beautiful Bill Act ($0 tax on non-machinegun, non-destructive device NFA items, effective Jan. 1, 2026)
• ATF Form 4 — Application for Tax Paid Transfer and Registration of Firearm

Resources:

• ATF Firearms FAQ: www.atf.gov/firearms/faq (referenced by Alaska DPS)
• ATF Current Processing Times: www.atf.gov/resource-center/current-processing-times

Disclaimer: This information is for educational purposes only and does not constitute legal advice. NFA compliance involves complex federal regulations with serious criminal penalties for violations. Consult a qualified firearms attorney for specific legal questions regarding NFA items in Alaska.