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Know the Laws: Alaska

UPDATED September 14, 2017

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Below is information about state gun laws in Alaska.  A restraining order or criminal conviction may make it illegal for an abuser to have a gun. However, in addition to these state-specific laws, there are also federal gun laws that could apply. To fully understand all of the legal protections available, it is important that you also read the Federal Gun Laws pages.

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.

More Information and Where to Get Help

back to topWho do I notify if I think the abuser should not have a gun?

If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the State Police.  If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).

You can find contact information for sheriff departments in your area on our AK Sheriff Departments page.

You can find ATF field offices in Alaska on the ATF website.  For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867).  Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials.  You will find contact information for organizations in your area on our AK State and Local Programs page.

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law.  If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.*

* United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

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back to topWhat is the penalty for violating the federal firearm law?

Anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to 10 years, or both.*

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested (and convicted) for violating the law. If the abuser has a gun or buys a gun in violation of the law, the abuser can be arrested and convicted, whether or not the abuser knows he was in violation of the law. "Ignorance of the law" is no excuse or defense.**

* 18 USC §924(a)(2)
** See, for example, United States v. Denis, 297 F.3d. 25 (1st Cir. 2002); United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999).

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back to topWhat will happen if the abuser tries to purchase a gun?

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS).  If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from buying a gun.  Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system.  Also, it is important to know that background checks are not required for private and online gun sales.  

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate.  Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

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back to topThe abuser uses a gun for his/her job. Does the law still apply?

Maybe.  If the abuser is a law enforcement officer, military employee or government official, then s/he might be able to continue to use a gun for work purposes, but not for personal use.  However, if the abuser has been convicted of a felony, then under federal law, the abuser cannot buy or have a gun, even if s/he is a police officer or a military employee.*

If you are confused or not sure whether the abuser can still use a gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Protection Orders and Full Faith & Credit to find out more information: 1-800-903-0111 x 2.

To find a domestic violence advocate in your area, please go to our AK State and Local Programs page.

* 18 USC § 925(a)(1)

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back to topI've read through all of this information and I am still confused. What can I do?

Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law:

  • You can contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2;
  • You can contact us;
  • You can contact a local domestic violence or sexual assault program in your area.  To find an organization near you, see our AK State and Local Programs page.

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WomensLaw.org thanks Susan S. McClean with the Alaska Department of Law for her valuable contribution to these pages as well as Christine Pate, Pro Bono Project Director, and Andrea Browning, former Legal Advocacy Project Coordinator, at the Alaska Network on Domestic Violence and Sexual Assault for their revisions.  

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