Know the Laws: Alaska
UPDATED August 27, 2008
Please consider getting in touch with a domestic violence advocate in your community for more information on gun laws in your area. To find help, please click on the Where to Find Help tab at the top of this page.
- Basic Info
- Guns and Protective Orders
- Guns and Criminal Convictions
- More Information and Where to Get Help
Basic Info
back to topI am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?
Yes. If you have a final protective order against the abuser that meets certain requirements, or if the abuser has been convicted of a felony, then federal law states that it is illegal for the abuser to buy, own or have a gun in his possession.* (See the next question to read more about what requirements your protective order must meet for it to qualify under federal law.)
In addition, Alaska state law says that if a person had in his possession or used a deadly weapon while committing a crime involving domestic violence, the judge should order that the gun be taken away and given to the commissioner of public safety or a law enforcement agency.**
If you are not sure if the abuser has been convicted of a crime involving domestic violence, see What is the legal definition of domestic violence?
* Note: although federal law also prohibits owning or buying a gun if the abuser is convicted of a "domestic violence misdemeanor," none of Alaska's domestic violence misdemeanors have the 'intentional' element that is required under current case law to meet the federal definition. Therefore, a conviction for a domestic violence misdemeanor in Alaska does not make it illegal for an abuser to own or buy a gun under current federal law. See United States v. Nobriga, 474 F.3d 561 (9th Cir. Ct App., 2006); see also 18 USC § 922(g)(8) & (9).
** Alaska Statute § 12.55.015(f)
back to topWhat is the legal definition of a gun or firearm?
A gun or firearm is defined by federal law as any weapon that is designed to fire a bullet or other projectile by means of an explosive. A firearm silencer or muffler is also included in the definition of a firearm, as is a destructive device and ammunition.*
The federal definition of a firearm does NOT include antique firearms, which is any firearm manufactured in or before 1898.**
(If you want to read the exact legal definition of a firearm, as it applies to the federal firearms statute, you can go to the US House of Representatives website and type 18 in the Title field and 921 in the Section field.)
* 18 USC §921(a)(3)(A)
** 18 USC §921(a)(16)
back to topIf the abuser's gun is taken away, what will happen to it?
If the abuser has been convicted of a crime involving domestic violence and the court orders the gun to be given to a law enforcement agency, the gun will most likely be destroyed or resold. It should not be returned to the abuser.*
If you have a protective order against the abuser, and he has not been convicted of a crime, the gun will most likely be stored until the protective order expires, or until the court orders that the gun be returned.
* See Alaska Statute § 12.55.015(f)