I do not have a protective order against the abuser, and s/he has not been convicted of any crime. Can s/he have a gun?
Even if you do not have a protective order and the abuser was not convicted of any crimes, it is illegal under Alaska law for someone to have a firearm in his/her possession while his/her physical or mental condition is impaired due to alcohol or drugs.1
Additionally, under Alaska law, a person cannot get a permit to carry a concealed handgun if s/he:
- is under age 21; or
- is currently, or has been within the past three years, ordered by a court to complete an alcohol or substance abuse treatment program.2
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser's right to have a gun. Go to Federal Gun Laws to get more information.
1 Alaska Statute §§ 11.61.210(a)(1); 11.61.200(a)(7)
2 Alaska Statute § 18.65.705(1), (5)
I'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 Advocates and Shelters page.