State Preemption | Alaska Concealed Carry

State Preemption of Firearm Regulations in Alaska

Alaska has a strong state preemption law that restricts the ability of local municipalities and political subdivisions from enacting firearm regulations that are more restrictive than state law. This preemption is reinforced by the Alaska Constitution's explicit protection of the individual right to keep and bear arms.

Constitutional Foundation: Alaska Constitution, Article I, Section 19

Alaska's constitution provides: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State." This provision, amended by ballot measure in 1994, explicitly extends the right to keep and bear arms against infringement by political subdivisions (municipalities), providing a constitutional backstop to the statutory preemption regime.

Key Statute: AS 29.35.145 — Regulation of Firearms and Knives

Under Alaska law, the state legislature has preempted the field of firearm and knife regulation. Municipalities and other political subdivisions of the state are generally prohibited from enacting or enforcing ordinances or regulations relating to the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxation, or registration of firearms or knives, or any prior restraint on the exercise of the right to keep and bear arms.

Historical development:

• The original firearms preemption provision has been in effect for decades, ensuring uniform firearm laws statewide.
• In 2013, the Alaska Legislature passed HB 55, which amended AS 29.35.145 to extend state preemption to knives in addition to firearms. As the legislative record noted, "Alaskans already benefit from state firearms preemption, which makes the gun laws of Alaska consistent throughout the state. The same should hold true for knives." The knife preemption amendment ensures that knife laws are uniform statewide — "what is legal in Juneau should be legal in Barrow."

Scope of Preemption

The preemption covers a broad range of regulatory activities that municipalities may not undertake with respect to firearms and knives:

• Possession and ownership — Local governments cannot restrict who may possess or own firearms beyond state law
• Sale and transfer — No local permitting or regulation of firearm sales
• Carrying (open and concealed) — No local restrictions on carrying firearms beyond state law
• Transportation — No local regulations on transporting firearms
• Licensing — No local licensing or permitting requirements
• Taxation — No local taxes specifically targeting firearms or ammunition
• Registration — No local firearm registration schemes
• Prior restraints — No local prior restraints on the exercise of the right to keep and bear arms

Limited Exceptions to Preemption

Local governments retain limited authority in certain narrowly defined areas:

• Discharge of firearms: Municipalities may regulate the discharge of firearms within municipal boundaries for public safety purposes (e.g., prohibiting shooting within city limits). This addresses the safety concern of firing weapons in populated areas without restricting possession or carry rights.
• Municipal buildings and facilities: Local governments may regulate firearms in certain municipal buildings or facilities as specifically authorized by state law.
• Employer policies: The preemption applies to governmental regulation; private property owners and employers may still set their own policies regarding firearms on their premises.

What This Means for Concealed Carry Permit Holders

• Uniform state law: Firearm laws, including concealed carry provisions, are generally uniform across the state. A person who is legally carrying a concealed firearm in Anchorage is subject to the same rules in Fairbanks, Juneau, or any other municipality.
• No local permitting requirements: Municipalities cannot impose their own concealed carry permit requirements, waiting periods, or additional prohibited locations beyond those established by state law.
• No patchwork of local ordinances: Unlike states without strong preemption, Alaska residents and visitors do not need to research varying local firearm ordinances when traveling within the state.

Permitless (Constitutional) Carry: AS 11.61.220 Context

Alaska became one of the first states to adopt permitless carry in 2003 when Governor Frank Murkowski signed SB 102 into law. Under this law, persons 21 years of age or older who are legally entitled to possess a firearm may carry concealed without a permit. The Alaska Concealed Handgun Permit (ACHP) remains available and is issued by the Department of Public Safety for reciprocity purposes with other states.

Because of state preemption, the permitless carry provisions apply uniformly statewide — no municipality can impose a local permit requirement or otherwise restrict the concealed carry rights established by state law.

State-Level Prohibited Locations: AS 11.61.220

While state preemption prevents local governments from adding prohibited locations, Alaska state law does establish certain locations where carrying firearms is restricted under AS 11.61.220 (Misconduct Involving Weapons in the Fifth Degree):

• Schools (K–12) — Carrying on school grounds or school buses
• Courthouses — Carrying in court buildings or areas
• Domestic violence shelters — Carrying in or on the prior premises of a domestic violence or sexual assault shelter (unless authorized in writing by the shelter's administrator)

Defenses and exemptions under AS 11.61.220:

• Under subsection (h), peace officers of Alaska or its municipalities acting within the scope and authority of their employment are exempt from certain prohibited-location restrictions
• Peace officers employed by another state who are certified and acting within scope are similarly exempt
• Police officers and chief administrative officers of municipalities (as defined in AS 18.65.290) are exempt
• Under subsection (i), a defense exists for persons authorized by a rule of court to possess a firearm in a courthouse
• A defense exists for persons authorized in writing by the administrator of a domestic violence shelter to possess a firearm on the premises

Important definition: Under subsection (j), "contacted by a peace officer" means "stopped, detained, questioned, or addressed in person by the peace officer for an official purpose." This is relevant to the duty-to-inform provisions when contacted by law enforcement while carrying.

Classification: Misconduct involving weapons in the fifth degree is a Class B misdemeanor under subsection (g).

Practical Implications for Carriers

1. Traveling within Alaska: Concealed carry permit holders and those carrying under permitless carry provisions can expect consistent firearm regulations throughout the state. There is no need to check local ordinances before entering a new municipality.
2. State prohibited locations apply statewide: While local governments cannot add new prohibited locations, carriers must still observe the state-level restrictions under AS 11.61.220.
3. Federal locations: Federal law independently restricts firearms in federal buildings (18 U.S.C. § 930), post offices, and other federal facilities regardless of state preemption.
4. Private property rights: State preemption addresses government regulation — private property owners, including businesses, may still prohibit firearms on their premises.

Note on Federal Preemption

Federal law may also preempt certain state and local firearm regulations in specific contexts. Key federal provisions include:

• Firearm Owners Protection Act (FOPA), 18 U.S.C. § 926A: Provides safe passage for persons transporting firearms through states where they would otherwise be prohibited, provided the firearms are unloaded and not readily accessible. This can supersede both state and local laws during interstate transport.
• Gun-Free School Zones Act, 18 U.S.C. § 922(q): Federal prohibition on possessing firearms within 1,000 feet of a school zone, with exceptions for concealed carry permit holders licensed by the state in which the school zone is located. Alaska ACHP holders benefit from this exception; those carrying under permitless carry without an ACHP should be aware of this federal restriction.
• Federal facilities: 18 U.S.C. § 930 prohibits firearms in federal buildings.

Federal preemption operates under the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) and can supersede both state and local laws where applicable. As the Congressional Research Service has explained, federal law can either expressly or impliedly preempt state law, with Congress's purpose being the "ultimate touchstone" of statutory analysis.

Summary

Alaska's firearm preemption framework — grounded in both the state constitution (Article I, § 19) and statute (AS 29.35.145) — is among the strongest in the nation. Combined with permitless carry (since 2003) and the availability of the ACHP for reciprocity, Alaska provides a highly uniform and permissive regulatory environment for lawful firearm carriers. The 2013 expansion of preemption to include knives further demonstrates the legislature's commitment to statewide uniformity in arms regulation.