San Antonio, Texas - Ride share drivers for companies such as Uber and Lyft are now being given additional incentives to comply with criminal background checks that were made optional late last year. To entice drivers to undergo fingerprint checks, the city has launched a new program that gives drivers [more]
Staff members inside the White House are usually heavily scrutinized and checked before they are allowed to hold any kind of position inside the official residence and principal workplace of the President of the United States. However, reports have revealed that a new set of FBI background checks was apparently [more]
SANTA FE, N.M. - An amended version of the New Mexico extended background check bill is now heading to the house floor. The House Consumer and Public Affairs recently voted 3-1 to approve the new house bill, HB 50, which seeks to extend the requirement of background checks for gun [more]
President Donald Trump's executive order to deny refugees and immigrants from entering the United States sent shockwaves around the country and sparked protest from Muslim and Non-Muslim American citizens. Over the weekend, protest erupted in various locations around the country including several rallies in large airports in New York, Denver, [more]
Gun rights advocates have reportedly now lobbied for the incoming Trump administration to do away with a recently finalized ruling that would collate information gathered from the Social Security System into the FBI's National Instant Criminal Background Check System (NICS) database. The ruling was originally submitted as part of the [more]
The National Rifle Association (NRA) seems to be quite happy with how 2016 had turned out as the organization tweeted the record breaking number of last year's background checks on its official Twitter account. The organization expressed its delight on how Americans are apparently embracing their right to bear arms [more]
Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry"), in which no license is required to carry a handgun either openly or concealed. However, licenses are still issued to residents who want them for purposes of carrying in other states via reciprocity, to be in complete compliance with Federal Gun Free School Zone act. The term "Alaska Carry" has been used to describe laws which require no license to carry handgun openly or concealed but licenses are still available for those who want them.
Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.
|State Permit to Purchase?||Yes||No||None||No|
|"Assault weapon" law?||No||No||None||No|
|Owner license required?||No||No||None||No|
|Carry permits issued?||No||Yes||AS 18.65.700 through 18.65.778||May carry concealed without permit, though permits can be issued for those who wish to have them.|
|State Preemption of local restrictions?||Yes||Yes||AS 29.35.145||State preempts "out legislating" state law.|
|NFA weapons restricted?||No||No||None||No|
|Peaceable Journey laws?||No||No||None||Federal rules observed.|
Title 8. Business and Professions
Chapter 76. Pawnbrokers and Secondhand Dealers
8.76.010. Transactions to be entered in book kept at place of business
(a) A person engaged in the business of buying and selling secondhand articles, or lending money on second-hand articles, except a bank, shall maintain a book, in permanent form, in which the person shall enter in legible English at the time of each loan, purchase, or sale
(b) A person who lends money on secondhand articles under (a) of this section and is located in a municipality that has a population of over 5,000 shall also maintain an electronic record that provides the information required by (a)(1) and (4) of this section for the secondhand articles on which the person lends money. The person shall submit the electronic record as required by the municipal law enforcement agency.
8.76.020. Manner of recording entry.
The entries in the book and the electronic record required by as 08.76.010 shall appear in chronological order and, when made in a book, in ink or indelible pencil. Blank lines may not be left between entries. Obliterations, alterations, or erasures may not be made. Corrections shall be made by drawing a line through the entry without destroying its legibility, and, when made in a book, the line shall be drawn in ink. The book shall be open to the inspection of a peace officer at reasonable times.
8.76.030. Criminal liability.
A person who violates AS 08.76.010 or 08.76.020 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.
Title 11. Criminal Law
Chapter 46. Offenses Against Property
11.46.260. Removal of identification marks.
(a) A person commits the crime of removal of identification marks if, with intent to cause interruption to the ownership of another, the person defaces, erases, or otherwise alters or attempts to deface, erase, or otherwise alter any serial number or identification mark placed or inscribed on a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise, or other article or its component parts.
(b) Removal of identification marks is
11.46.270. Unlawful possession.
(a) A person commits the crime of unlawful possession if the person possesses a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise or other article or its component parts knowing that the serial number or identification mark placed on it by the manufacturer or owner for the purpose of identification has been defaced, erased, or otherwise altered with the intent of causing interruption to the ownership of another.
(b) Unlawful possession is
Chapter 61. Offenses Against Public Order
11.61.190. Misconduct involving weapons in the first degree.
(a) A person commits the crime of misconduct involving weapons in the first degree if the person
(b) Misconduct involving weapons in the first degree is a class A felony.
11.61.195. Misconduct involving weapons in the second degree.
(a) A person commits the crime of misconduct involving weapons in the second degree if the person knowingly
(3) discharges a firearm at or in the direction of
(b) Misconduct involving weapons in the second degree is a class B felony.
11.61.200. Misconduct involving weapons in the third degree.
(a) A person commits the crime of misconduct involving weapons in the third degree if the person
(b) It is an affirmative defense to a prosecution (1) under (a)(1) of this section that
(c) It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801- 5872 (National Firearms Act).
(d) It is an affirmative defense to a prosecution under (a)(11) of this section that the person was using a firearm while hunting, trapping, or fishing in a manner not prohibited by statute or regulation.
(e) The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer’s employment.
(f) For purposes of (a)(12) of this section, a firearm on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a firearm without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it. A firearm on a person is not concealed if it is unloaded and is encased in a closed container designed for transporting firearms.
(g) It is an affirmative defense to a prosecution under (a)(12) of this section that (1) either
(h) As used in this section, (1) “prohibited weapon” means any
(B) device designed, made, or adapted to muffle the report of a firearm;
(C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or
(D) rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches; (2) “unconditional discharge” has the meaning ascribed to it in AS 12.55.185.
(i) Misconduct involving weapons in the third degree is a class C felony.
11.61.210. Misconduct involving weapons in the fourth degree.
(a) A person commits the crime of misconduct involving weapons in the fourth degree if the person
(8) being a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, within the buildings of, on the grounds of, or on the school parking lot of a public or private pre school, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a student may possess a deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student has obtained the prior permission of the chief administrative officer of the school or district or the designee of the chief administra tive officer for the possession.
(c) The provisions of (a)(7) of this section do not apply to a peace officer acting within the scope and authority of the officer’s employment.
(d) Misconduct involving weapons in the fourth degree is a class A misdemeanor.
11.61.220. Misconduct involving weapons in the fifth degree.
(a) A person commits the crime of misconduct involving weapons in the fifth degree if the person
(B) that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence;
(2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;
(3) being an unemancipated minor under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor;
(4) knowingly possesses a firearm
(C) within a domestic violence or sexual assault shelter that receives funding from the state; or
(5) possesses or transports a switchblade or a gravity knife; or
(6) is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordi nary pocket knife or a defensive weapon, that is concealed on the person.
(b) In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was
(c) The provisions of (a)(2) and (4) of this section do not apply to a peace officer acting within the scope and authority of the officer’s employment.
(d) In a prosecution under (a)(2) of this section, it is (1) an affirmative defense that
(e) For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer moving it from that which covers or encloses it 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.
(f) For purposes of (a)(2) and (e) of this sec tion, a firearm is loaded if the
(g) Misconduct involving weapons in the fifth degree is a class B misdemeanor.
(h) The provisions of (a)(1) and (6) of this section do not apply to a
(3) police officer of this state or a police officer or chief administrative officer of a municipality of this state; in this paragraph, “police officer” and “chief administrative officer” have the meanings given in AS 18.65.290.
(i) In a prosecution (1) under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court; (2) under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the adminis trator of the shelter to possess the firearm.
(j) In (a)(1) of this section, “contacted by a peace officer” means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.
11.61.250. Unlawful furnishing of explosives.
(a) A person commits the crime of unlawful furnishing of explosives if the person furnishes an explosive substance or device to another knowing that the other intends to use the substance or device to commit a crime.
(b) Unlawful furnishing of explosives is a class C felony.
Chapter 81. General Provisions
(a) For purposes of this title, unless the context requires otherwise, (17) “deadly weapon” means any firearm, or anything designed for and capable of causing death or serious physical injury; including a knife, an axe, a club, metal knuckles, or an explosive; (20) “defensive weapon” means an electric stun gun, or a device to dispense mace or a similar chemical agent, that is not designed to cause death or serious physical injury; (26) “firearm” means a weapon, including a pistol, revolver, rifle, or shotgun, whether loaded or unloaded, operable or inoperable, designed for discharging a shot capable of causing death or serious physical injury; (48) “possess” means having physical possession or the exercise of dominion or control over property;
Title 12. Code of Criminal Procedure
Chapter 62. Criminal Justice Information and Records Checks
Article 2. National Crime History Record Check
12.62.400 National criminal history record checks for employment, licensing, and other noncriminal justice purposes.
To obtain a national criminal history record check for determining a person’s qualifications for a license, permit, registration, employment, or position, a person shall submit the person’s fingerprints to the department with the fee established by AS 12.62.160. The department may submit the fin gerprints to the Federal Bureau of Investigation to obtain a national criminal history record check of the person for the purpose of evaluating a p erson’s qualifications for (9) a concealed handgun permit under AS 18.65.700 – 18.65.790; …
Title 29. Municipal Government
Chapter 35. Municipal Powers and Duties
29.35.145. Regulation of Firearms.
(a) The authority to regulate firearms is reserved to the state, and, 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.
(b) Municipalities may enact and enforce ordinances
(c)The prohibition on taxation in (a) of this section does not include imposition of a sales tax that is levied on all products sold within a municipality.
(d) This section applies to home rule and general law municipalities.
(e) In this section,