Given its size and the importance and prevalence of hunting, Alaska is unusual in the restrictions it places on firearm rights. For example, there are no restrictions on firearm rights because of mental incapacity or drug/alcohol use. The only basis for firearm rights restriction is a conviction for a felony crime. Further, only possession is restricted and then only possession of concealable weapons. Restrictions on firearm rights are automatically lifted after ten years have passed after “unconditional discharge” of the underlying conviction.
Note, however, that federal law imposes more severe restrictions on firearm rights and federal law applies in Alaska. The federal restrictions are NOT lifted merely because the Alaska state restrictions are lifted. This article discusses Alaska state law.
Firearm rights restrictions under Alaska law
Firearm rights restrictions are codified at Ala. Stat. §11.61.200 which is entitled “Misconduct involving weapons in the third degree.”
With respect to firearm rights restriction, section 11.61.200(a) criminalizes three actions:
11.61.200(a)(1) – If a person “… knowingly possesses a firearm capable of being concealed on one’s person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory”
11.61.200(a)(2) – If a person “… knowingly sells or transfers a firearm capable of being concealed on one’s person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory” and
11.61.200(a)(10) – If a person “…resides in a dwelling knowing that there is a firearm capable of being concealed on one’s person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory …”
Restoring firearm rights under Alaska law
As noted, the prohibitions under sections 11.61.200(1), (2) and (10) are automatically lifted – unless the felony conviction was for murder – if a period of 10 years or more “has elapsed between the date of the person’s unconditional discharge on the prior offense …”
Firearm rights restrictions will also be lifted if a pardon is received and if the conviction is set aside by an Alaska court. Note that there are no provisions under Alaska law for expungements.
How do I get a conviction set-aside?
A “conviction set aside” in Alaska is similar to what might be called a “suspended sentence” or a “diversionary sentence” in other states. Essentially, upon a request to the sentencing judge and if there are mitigating circumstances or if “the ends of justice will be served,” the judge has the discretion to suspend post-conviction sentencing and impose some other punishment like probation, work-release or something else. See Ala. Stat. §12.55.085. At any point during the suspended sentence, the judge may – “… when the ends of justice will be served, and when the good conduct and reform of the person held on probation warrant it …” – terminate the probation and discharge the person held. If the judge discharges a person in this manner without imposition of sentence, the judge may set aside the conviction and issue a certificate of set aside.
Find A Firearm Rights Attorney Today
If a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced firearm rights-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting firearm rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.