Red Flag Laws (Extreme Risk Protection Orders) — Alaska

Alaska does not have a red flag law (also known as an Extreme Risk Protection Order or ERPO law). There is no state statute that allows law enforcement, family members, or other petitioners to seek a court order to temporarily remove firearms from individuals deemed to pose a risk to themselves or others solely on the basis of perceived dangerousness.

Legislative History

Although no red flag law has been enacted, the Alaska Legislature has considered multiple ERPO-related bills across recent sessions:

33rd Legislature (2023–2024)

• SB 229 — Gun Violence Protective Orders. Referred to the Senate State Affairs Committee, where it received extensive public testimony in May 2024. The bill faced organized opposition and did not advance out of committee.
• HB 162 — Gun Violence Protective Orders. A companion House bill; also did not advance.
• SB 28 — Workplace Violence Protective Orders. A related protective-order bill focused on workplace contexts.

34th Legislature (2025–2026)

• HB 89 — Gun Violence Protective Orders. Reintroduced ERPO legislation in the House.
• SB 49 — Workplace Violence Protective Orders. Reintroduced workplace-focused protective-order legislation.
• HB 222 — Workplace Violence Protective Orders. Additional House bill addressing workplace violence protective orders.

None of these bills have been enacted into law as of April 2026. The pattern of reintroduction across consecutive sessions indicates ongoing legislative interest, but no bill has cleared committee.

Alaska's Constitutional Framework

Alaska has strong state constitutional protections for firearms rights. Article I, Section 19 of the Alaska Constitution provides an individual right to keep and bear arms that is generally interpreted as more protective than the federal Second Amendment. This constitutional provision has been cited as a significant barrier to ERPO legislation in Alaska.

Additionally, Alaska is a constitutional carry state — no permit is required to carry a concealed firearm for any person 21 or older who is legally entitled to possess a firearm (AS 11.61.220).

Existing Protective Order Framework (AS 18.66)

While Alaska has no ERPO-specific statute, the state does have a domestic violence protective order framework under AS 18.66.100–AS 18.66.180 that can indirectly affect firearms possession:

• A court issuing a domestic violence protective order under AS 18.66.100 may include provisions restricting the respondent's possession of firearms as a condition of the order.
• These protective orders require a qualifying domestic relationship and a finding of domestic violence — they are not the same as a red flag/ERPO, which would allow broader categories of petitioners and would focus on general dangerousness rather than domestic violence specifically.
• Violation of a domestic violence protective order is a criminal offense under AS 11.56.740 (violating a protective order), a class A misdemeanor.

Criminal Penalties Related to Red Flag / ERPO

Because Alaska has not enacted a red flag or ERPO law, there are no associated criminal penalties for violations of such orders in the state. There are no statutes establishing penalties for:

• Failing to surrender firearms under an ERPO
• Possessing firearms in violation of an ERPO
• Filing false or frivolous ERPO petitions

The legal framework for these penalties simply does not exist in Alaska.

Federal Considerations

Regardless of the absence of a state red flag law:

• Federal law (18 U.S.C. § 922(g)(8)) prohibits firearm possession by persons subject to certain qualifying domestic violence restraining orders, which may include Alaska domestic violence protective orders issued under AS 18.66.
• The federal Bipartisan Safer Communities Act (2022) provided federal funding to incentivize states to implement ERPO or crisis intervention programs, but Alaska has not enacted legislation to participate.
• Federal law does not independently create a red flag/ERPO mechanism — it relies on state-level enactment.

Key Takeaways for Concealed Carry Permit Holders

• Alaska concealed carry permit holders (and constitutional carry holders) are not subject to any red flag or ERPO provisions under state law.
• Existing domestic violence protective orders under AS 18.66 may restrict firearms possession for respondents, independent of any red flag framework.
• Multiple ERPO bills have been introduced but none enacted; permit holders should monitor the 34th Legislature (HB 89, SB 49, HB 222) for any changes.
• Federal firearms prohibitions tied to qualifying protective orders apply regardless of the absence of a state ERPO law.