Transportation Laws | Alaska Concealed Carry

Alaska Transportation Laws for Firearms

Constitutional Framework

Alaska's Constitution explicitly protects the right to bear arms. Article I, Section 19 of the Alaska Constitution guarantees the individual right to keep and bear arms, and this right is referenced in state firearms preemption law as a limitation on municipal regulation.

Permitless Carry State

Alaska is a permitless (constitutional) carry state. Persons 21 years of age or older who are legally eligible to possess firearms may carry concealed handguns without a permit. Alaska also issues optional concealed handgun permits for reciprocity purposes with other states.

Permit qualifications under AS 18.65.705 require that a person:

1. Is 21 years of age or older
2. Is eligible to own or possess a handgun under state and federal law
3. Is a resident of Alaska for the 90 days immediately preceding the application
4. Has not been convicted of two or more class A misdemeanors within the six years immediately preceding the application
5. Has not been ordered by a court to complete an alcohol or substance abuse treatment program within the three years immediately preceding the application
6. Has demonstrated competence with handguns as provided in AS 18.65.715

Definition of Concealed Firearm

Under AS 11.61.220(e), a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it. A deadly weapon on a person is not concealed if it is an unloaded firearm encased in a closed container designed for transporting firearms.

For purposes of AS 11.61.220(f), a firearm is considered loaded if:

• The firing chamber, magazine, clip, or cylinder contains a cartridge; and
• The chamber, magazine, clip, or cylinder is installed in or on the firearm

Note: Older references (including some Alaska DPS publications) cite AS 11.61.200(h) for the concealed firearm definition. However, subsections (f) and (g) of AS 11.61.200 were repealed by § 2 ch 100 SLA 2010 (the permitless carry law). The current concealed weapon definition relevant to most persons is found in AS 11.61.220(e), which applies to misconduct involving weapons in the fifth degree. The definition in AS 11.61.200(h) now contains the definition of "prohibited weapon" and "unconditional discharge."

Transporting Firearms in a Motor Vehicle

• A person may carry a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle.
• An unloaded firearm encased in a closed container designed for transporting firearms is not considered concealed under Alaska law.
• Open carry of firearms (not concealed) is generally permitted for persons who are legally eligible.
• AS 11.61.210(a)(1): It is a crime (misconduct involving weapons in the fourth degree) to possess a firearm on the person, or in the interior of a vehicle in which the person is present, when the person's physical or mental condition is impaired by alcohol or a controlled substance.
• AS 11.61.210(a)(2): It is unlawful to discharge a firearm from, on, or across a highway.

Transporting Firearms on the Alaska Marine Highway System (Ferries)

The Alaska Marine Highway System (AMHS) has specific policies for transporting firearms on state ferries:

• Walk-on passengers must surrender all firearms and ammunition to the custody of the Loading Officer or Purser for the duration of the passage.
• Firearms transported in vehicles must be declared and stowed in suitable locked compartments (e.g., locked trunk, locked vehicle).
• Ammunition: Small quantities of ammunition (not to exceed 100 kg / 220.5 lbs) for handguns, rifles, and shotguns may be transported, provided it is securely packaged and carried separately from any firearm. No black powder in any quantity is allowed.

Prohibited items in public areas on vessels:

• Hunting bows and arrows (regardless of size or configuration)
• Large knives (blades over four inches)
• Machetes, hatchets, or axes (regardless of size)
• Bear spray and self-defense products (stun guns, tasers)
• Empty gun cases
• Any item the vessel Master considers inappropriate for safety

Canada Border Crossing with Firearms

Many Alaska travelers transit through Canada by road or ferry. Laws regulating the import, export, and possession of firearms in Canada are significantly different from U.S. law and change frequently. Before transporting a firearm into Canada, travelers should consult:

• Canada Border Services Agency (cbsa-asfc.gc.ca)
• Canadian Firearms Program (RCMP)
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for U.S. export regulations

Visitors Transporting Firearms

• Alaska does not provide temporary permits for firearms brought to the state by visitors.
• Alaska law does not prohibit most people from carrying handguns as long as they are not concealed (unless the person qualifies under permitless carry provisions or holds a valid permit).
• Visitors must follow airline regulations (TSA rules) for transporting firearms when arriving by air.
• Some boroughs, cities, and municipalities may have limited local regulations regarding the discharge of firearms. Visitors should check with the local police department in the area where they will travel. However, see the State Preemption section below.

State Preemption of Municipal Firearms Regulation

Under AS 29.35.145, the authority to regulate firearms and knives is reserved to the state. Except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxation, or registration of firearms or knives.

Limited municipal authority — Municipalities may only:

1. Enact ordinances identical to state law with the same penalty
2. Restrict the discharge of firearms where people, domestic animals, or property would be jeopardized (but may not abridge the constitutional right to bear arms under Art. I, Sec. 19)
3. Restrict areas where firearms or knives may be sold (but firearms retailers may not be treated more restrictively than other businesses in the same zone)
4. Prohibit possession of firearms or knives in restricted access areas of municipal government buildings (beyond security screening points), with posted notice at each entrance

The term "firearms" under this statute includes firearms, any element relating to firearms or parts thereof, including ammunition and reloading components. The prohibition on taxation does not include a general sales tax levied on all products.

Locations Where Carrying is Prohibited (Relevant to Transport)

Even with a permit or under permitless carry, firearms may not be carried in the following locations:

1. Schools (K-12) — including school grounds, parking lots, or on a bus used for school-sponsored activities, unless the person has permission from the chief administrative officer of the school or school district.
2. Establishments serving alcohol — any place where intoxicating liquor is sold for consumption on the premises. Exception under AS 11.61.220(d)(1): It is an affirmative defense if the firearm is a concealed handgun as defined in AS 18.65.790, the possession occurred at a place with a restaurant or eating place license (AS 04.09.210), seasonal restaurant or eating place tourism license (AS 04.09.360), or restaurant endorsement (AS 04.09.450), and the person did not consume intoxicating liquor there.
3. Licensed child care facilities or licensed assisted living homes (if the facility is other than a private residence).
4. Courtrooms or offices of the Alaska Court System, or within a courthouse occupied only by the Alaska Court System and other justice-related agencies.
5. Domestic violence or sexual assault shelters that receive state funding. Defense available if the person had written authorization from the shelter administrator.
6. Another person's residence, unless express permission has been obtained from an adult residing there.

Prohibited Weapons

Under AS 11.61.200(h), the following are classified as prohibited weapons and may not be manufactured, possessed, transported, sold, or transferred:

• Explosive, incendiary, or noxious gas mines, devices, rockets (with propellant charge over 4 oz), bombs, or grenades designed to inflict serious physical injury or death
• Devices designed to muffle the report of a firearm (suppressors/silencers)
• Firearms capable of fully automatic fire (more than one shot per trigger function)
• Short-barreled rifles (barrel under 16 inches), short-barreled shotguns (barrel under 18 inches), or firearms made from a rifle or shotgun with overall length under 26 inches

Affirmative defense (AS 11.61.200(c)): Possession or transfer of a prohibited weapon is lawful if it is registered under 26 U.S.C. 5801–5872 (National Firearms Act).

Persons Prohibited from Possessing Firearms

Under AS 11.61.200(a)(1), it is a class C felony for a person to knowingly possess a firearm capable of being concealed after having been convicted of a felony or adjudicated a delinquent minor for felony-equivalent conduct. Exceptions exist if:

• The person received a pardon
• The conviction was set aside under AS 12.55.085
• 10 or more years have elapsed since unconditional discharge, and the prior conviction was not for an offense under AS 11.41 (offenses against persons)

A convicted felon may not reside in a dwelling with a concealable firearm or prohibited weapon unless they have written authorization from a court or the head of the local law enforcement agency (AS 11.61.200(a)(10)).

Duty to Inform Law Enforcement

Under AS 11.61.220(a)(1), a person carrying a concealed handgun who is contacted by a peace officer must immediately inform the peace officer that they are carrying a concealed handgun. The peace officer may then secure the weapon or require the person to secure the weapon for the duration of the contact.

"Contacted by a peace officer" is defined in AS 11.61.220(i) as being stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.

Firearms in National Parks and Preserves

Under federal law, firearms may not be possessed in certain National Park areas in Alaska, specifically:

• Klondike Gold Rush National Historical Park
• Sitka National Historical Park
• Denali National Park and Preserve
• Glacier Bay National Park and Preserve
• Katmai National Park and Preserve

National Preserves (as distinct from National Parks) generally allow hunting and trapping under applicable federal and non-conflicting state law. Per 36 CFR § 13.40(d), hunting and trapping are allowed in national preserves in accordance with applicable federal and non-conflicting state regulations. However:

• Airborne hunting restriction: It is unlawful for a person who has been airborne to use a firearm or any other weapon to take or assist in taking certain species (bear, caribou, deer, elk, coyote, fox, mountain goat, moose, Dall sheep, lynx, bison, musk ox, wolf, wolverine) until after 3:00 a.m. on the day following the day the flight occurred. This does not apply to regularly scheduled commercial airline flights.
• Persons transporting wildlife through park areas must identify themselves and the location where the wildlife was taken when requested by NPS personnel.
• The Superintendent may close or restrict areas to the taking of fish or wildlife for public safety, resource protection, or other management purposes.

Federal Restrictions on Transport

Under federal law, firearms may not be possessed in:

1. Federal facilities — buildings or parts of buildings owned or leased by the Federal Government where federal employees are regularly present for performing official duties (18 U.S.C. § 930).
2. School zones (18 U.S.C. § 922(q)) — with exceptions for:
   • Firearms on private property not part of school grounds
   • Unloaded firearms in a locked container within a vehicle
   • Firearms used in a school-approved program
   • Law enforcement officers
   • Individuals traversing school premises to access hunting areas with school authorization
3. Sterile areas of airline terminals or aboard/while attempting to board an aircraft.
4. Certain National Park areas — as listed above.

Disaster Recovery Personal Protection Act of 2006: Federal law (amending the Stafford Act) prohibits federal employees and entities receiving federal funds from confiscating lawfully possessed firearms during a major disaster or emergency, unless the confiscation is otherwise permitted by law.

Age Requirements

• A person 16 years of age or older may possess a firearm under Alaska law.
• A person under 16 must have consent of a parent or guardian to possess a firearm.
• A person must be at least 21 years of age to carry a concealed deadly weapon. Under AS 11.61.220(a)(6), a person under 21 who knowingly possesses a concealed deadly weapon (other than an ordinary pocket knife or a defensive weapon) commits a class B misdemeanor.
  • Affirmative defense (AS 11.61.220(b)): The under-21 person was in their own dwelling or on their own land, or was actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves carrying a weapon for personal protection.
• A person must be at least 21 years of age to apply for a concealed handgun permit.

Key Statutes