Alaska CWP Law

                                 ALASKA STATUTES
                     Title 18. Health, Safety, and Housing.
                         Chapter 65. Police Protection.
                 Article 9. Permit to Carry a Concealed Handgun.
      Copyright (c) 1962-1995 by The State of Alaska. All rights reserved.

Sec. 18.65.700 Permit to carry a concealed handgun.
Sec. 18.65.705 Qualifications to obtain a permit.
Sec. 18.65.710 Application for permit to carry a concealed handgun.
Sec. 18.65.715 Demonstration of competence with handguns.
Sec. 18.65.720 Fees.
Sec. 18.65.725 Permit renewal.
Sec. 18.65.730 Replacement of permit.
Sec. 18.65.735 Suspension of permit.
Sec. 18.65.740 Revocation of permit; appeal.
Sec. 18.65.745 No liability for issuance of permit or for training.
Sec. 18.65.750 Possession and display of permit.
Sec. 18.65.755 Places where permittee may not possess a concealed handgun.
Sec. 18.65.760 Misuse of a permit.
Sec. 18.65.765 Responsibilities of the permittee.
Sec. 18.65.770 Access to list of permittees by peace officers.
Sec. 18.65.775 Regulations.
Sec. 18.65.778 Municipal preemption.
Sec. 18.65.780 Prohibition of possession of concealed handguns.
Sec. 18.65.785 Procedure for local option elections.
Sec. 18.65.790 Definitions.

Sec. 18.65.700 Permit to carry a concealed handgun.

   (a) The department shall issue a permit to carry a concealed handgun to a
person who
   (1) applies in person at an office of the Alaska State Troopers;
   (2) qualifies under AS 18.65.705;
   (3) submits a completed application on a form provided by the department,
that provides the information required under AS 18.65.705 and 18.65.710 and is
executed under oath;
   (4) submits two complete sets of fingerprints on Federal Bureau of
Investigation approved fingerprint cards that are of sufficient quality so that
the fingerprints may be processed; the fingerprints must be taken by a person,
group, or agency approved by the department; the department shall maintain a
list of persons, groups, or agencies approved to take fingerprints and shall
provide the list to the public upon request;
   (5) submits evidence of competence with handguns as provided in AS 18.65.715;
   (6) provides two frontal view color photographs of the person taken within
the preceding 30 days that include the head and shoulders of the person and are
of a size specified by the department;
   (7) shows a valid Alaska driver's license or identification card at the time
of application;
   (8) does not suffer a physical infirmity that prevents the safe handling of a
handgun; and
   (9) pays the application fee required by AS 18.65.720.
   (b) The department shall either approve or reject an application for a permit
to carry a concealed handgun under (a) of this section within 15 days of
receipt of permit eligibility information from the Federal Bureau of
Investigation or other agency necessary to make a determination concerning the
application. The department shall request permit eligibility information under
this subsection within five days of the receipt of the application. The
department shall notify the applicant in writing of the reason for a rejection.
   (c) A person whose application is rejected under this section may appeal the
rejection decision to the commissioner. A person may seek judicial review of
the decision of the commissioner under AS 44.62.560 -- 44.62.570.
   (d) A permit issued under (a) of this section is valid for five years from
the date of issue. The permit must specify the action types and maximum
calibers of handgun described in the permittee's certificate of competency
under AS 18.65.715 but may not specifically identify a handgun by make, model,
or serial number.

(s 4 ch 67 SLA 1994)

Sec. 18.65.705 Qualifications to obtain a permit.

   A person is qualified to receive and hold a permit to carry a concealed
handgun if the person
   (1) is 21 years of age or older;
   (2) is eligible to own or possess a firearm under the laws of this state and
under federal law;
   (3) has not been convicted of and is not currently charged under a complaint,
information, indictment, or presentment with a felony under the laws of this
state or a similar law of another jurisdiction;
   (4) has not been convicted, within the five years immediately preceding the
application, of, and is not currently charged under a complaint, information,
indictment, or presentment with, any of the following misdemeanor offenses or
similar laws of another jurisdiction:
   (A) AS 11.41.230, 11.41.250, 11.41.270;
   (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484;
   (C) AS 11.51.130;
   (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 11.56.545,
11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 11.56.805;
   (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; or
   (F) AS 11.71.050, 11.71.060;
   (5) has not been convicted of two or more class A misdemeanors of this state
or similar laws of another jurisdiction within the five years immediately
preceding the application;
   (6) has not within the 10 years immediately preceding the application been
adjudicated a delinquent for a felony offense of this state or another
jurisdiction;
   (7) is not now suffering, and has not within the five years immediately
preceding the application suffered, from a mental illness as defined in AS
47.30.915;
   (8) has not been adjudicated as mentally incapacitated by a court of this
state, another state, territory, or jurisdiction, or of the United States,
unless the guardianship or similar arrangement has been closed or terminated
and five years have elapsed since the closure or other termination;
   (9) is a resident of the state and has been for the one year immediately
preceding the application for a permit;
   (10) has not been discharged from the armed forces of the United States under
dishonorable conditions;
   (11) is not an alien who is residing in the United States illegally or a
former citizen of the United States who has renounced the person's citizenship;
   (12) is not an unlawful user of, or addicted to, a controlled substance;
   (13) is not now the subject of an injunction under AS 25.35.010 -- 25.35.020
unless the injunction has been dissolved or has expired;
   (14) is not now in and has not in the three years immediately preceding the
application been ordered by a court to complete an alcohol treatment program;
   (15) is not now in and has not in the three years immediately preceding the
application entered a substance abuse treatment program; and
   (16) has demonstrated competence with handguns as provided in AS 18.65.715.

(s 4 ch 67 SLA 1994; am s 4 ch 51 SLA 1995)

Sec. 18.65.710 Application for permit to carry a concealed handgun.

   (a) The application for a permit to carry a concealed handgun must contain
the following information:
   (1) the applicant's name, physical residence, mailing address, place and date
of birth, physical description, including height, weight, race, hair color, and
eye color, Alaska driver's license or identification card number, and the city
and state of each place the applicant has resided in the five years immediately
preceding the application;
   (2) a statement that the applicant qualifies under AS 18.65.705;
   (3) a statement that the applicant has been furnished with a copy of AS
18.65.700 -- 18.65.790, has read those sections, and understands them;
   (4) a statement that the applicant desires a permit to carry a concealed
handgun for a lawful purpose, which may include self-defense;
   (5) a sworn statement by the applicant that all statements, answers, and
attachments to the application are true and complete;
   (6) a conspicuous warning that the application is executed under oath and
that an applicant who supplies a false statement, answer, or document, in
connection with the application that the applicant does not believe to be true,
may be prosecuted for perjury under AS 11.56.200 and, if found guilty, may be
punished for violation of a class B felony, and that in such cases the permit
shall be revoked and the applicant may be barred from any further application
for a permit; and
   (7) a statement that the applicant understands that a permit eligibility
investigation will be conducted as a part of the application process, that this
may involve computerized records searches, and that the applicant authorizes
the investigation.
   (b) An application under (a) of this section may not inquire of an applicant
about or require the submission of information beyond that described in that
subsection. As part of an application under (a) of this section, the department
may not inquire of an applicant as to any firearms owned by the applicant.

(s 4 ch 67 SLA 1994)

A. S. 18.65.710
AK ST s 18.65.710

Sec. 18.65.715 Demonstration of competence with handguns.

   (a) An applicant for a permit to carry a concealed handgun shall provide a
certificate of successful completion of a handgun course that is approved by
the department. The certificate must state the action type and caliber of
handgun or handguns the applicant has demonstrated competence with and that the
applicant may be permitted to carry. A permittee may only carry as a concealed
handgun an action type of handgun described in the certificate. A permittee may
only carry as a concealed handgun the caliber of the action type that the
permittee demonstrated competence with or any lesser caliber of the same action
type. The handgun course must have been completed within the 12 months
immediately preceding the application. The department shall approve a handgun
course, including the personal protection course offered by the National Rifle
Association, if the course tests the applicant's
   (1) knowledge of Alaska law relating to firearms and the use of deadly force;
   (2) familiarity with the basic concepts of the safe and responsible use of
handguns;
   (3) knowledge of self-defense principles; and
   (4) physical competence with each action type of handgun the applicant wishes
to carry under the permit and the maximum caliber for each action type the
applicant wishes to carry under the permit.
   (b) At the time the permittee renews a permit under AS 18.65.725, the
permittee shall provide a certificate of successful completion of a handgun
course approved by the department under (a) of this section. The handgun course
required under this subsection must be completed in the 12 months immediately
preceding the renewal.
   (c) The department may not require a certificate of competence submitted
under this section to contain any specifically identifying information,
including make, model, or serial number, of a handgun with which an applicant
or permittee has demonstrated competence.
   (d) The department shall maintain a list of approved courses and shall
provide the list to the public upon request.

(s 4 ch 67 SLA 1994)

A. S. 18.65.715 AK ST s 18.65.715

Sec. 18.65.720 Fees.

The department shall charge a nonrefundable fee for the processing of the
application for and initial issuance of a permit, renewal of a permit, or
replacement of a permit. The fees shall be set by regulation and must be based
on the actual costs incurred by the department. However, the fee for the
processing of an application and initial issuance of a permit may not exceed
$125 and the fee for renewal of a permit or replacement of a permit may not
exceed $60.

(s 4 ch 67 SLA 1994)

A. S. 18.65.720
AK ST s 18.65.720

Sec. 18.65.725 Permit renewal.

   (a) A permittee shall apply in person for renewal of a permit to carry a
concealed handgun within 90 days before the expiration of the permit and shall
present a complete renewal form provided by the department. The renewal form
shall be submitted under oath and must include
   (1) any change in the information originally submitted under AS 18.65.710;
   (2) a statement that the person remains qualified to receive and hold a
permit to carry a concealed handgun under AS 18.65.705;
   (3) a certificate of successful completion of a handgun course within the 12
months immediately preceding the renewal;
   (4) two frontal view photographs of the person taken within the preceding 30
days that include the head and shoulders of the person and are of a size
specified by the department; and
   (5) the renewal fee required under AS 18.65.720.
   (b) The department shall take a single thumb or fingerprint from the
permittee to compare against the fingerprints originally submitted with the
application.
   (c) A renewal of a permit to carry a concealed handgun submitted on or after
the expiration date is subject to a late fee of $25. The department may not
accept a renewal for a permit that is submitted more than 30 days after the
expiration date of the permit. Nothing in this subsection prohibits the holder
of an expired permit from applying for a new permit.
   (d) A renewal form under (a) of this section may not inquire of a permittee
about, or require the submission of, information beyond that described in (a)
of this section.

(s 4 ch 67 SLA 1994)

A. S. 18.65.725 AK ST s 18.65.725

Sec. 18.65.730 Replacement of permit.

   The department may replace a permit that the permittee certifies under oath
has been lost, stolen, or destroyed, provided the permittee applies in person
and
   (1) provides two frontal view photographs of the permittee taken within the
preceding 30 days that include the head and shoulders and are of a size
specified by the department;
   (2) submits to the taking of a single thumb or fingerprint by the department
to compare against the fingerprint originally submitted with the application;
and
   (3) pays the replacement fee required under AS 18.65.720.

(s 4 ch 67 SLA 1994)

A. S. 18.65.730
AK ST s 18.65.730

Sec. 18.65.735 Suspension of permit.

   (a) The department shall immediately suspend a permit to carry a concealed
handgun if a permittee is arrested for or formally charged with a crime that
would disqualify the permittee under AS 18.65.705(3) -- (4) from being eligible
for a permit to carry a concealed handgun or is the subject of an injunction
under AS 25.35.010 -- 25.35.020. A suspension of a permit remains in effect
until the permit is revoked under AS 18.65.740, the department has been
notified of a disposition favorable to the defendant or the defendant has been
released from custody without being charged, or the injunction under AS
25.35.010 -- 25.35.020 is dissolved or expires without being renewed. In this
subsection, "disposition favorable to the defendant" means a dismissal by the
prosecutor or an adjudication by a court other than a conviction or a suspended
imposition of sentence.
   (b) A person whose permit is suspended under this section shall immediately
surrender the permit to the nearest peace officer. A peace officer receiving a
permit under this section shall immediately forward the permit to the
department.
   (c) The department shall retain a permit suspended under this section until
the permit is revoked or returned to the permittee.

(s 4 ch 67 SLA 1994)

A. S. 18.65.735 AK ST s 18.65.735

Sec. 18.65.740 Revocation of permit; appeal.

   (a) A permit to carry a concealed handgun shall be immediately revoked by the
department when the permittee
   (1) becomes disqualified to receive and hold a permit under AS 18.65.705;
   (2) is convicted of two class A misdemeanors of this state or similar laws of
another jurisdiction within a five-year period if at least one of the
convictions occurs after the application;
   (3) knowingly supplied a false or fraudulent answer, statement, or document,
or made a material misstatement or omission, in connection with an application
for a permit or renewal or replacement of a permit.
   (b) A person whose permit is revoked under (a) of this section shall
immediately surrender the permit to the nearest peace officer. A peace officer
receiving a permit under this section shall immediately forward the permit to
the department.
   (c) A person whose permit is revoked under this section may appeal the
revocation decision to the commissioner. A person may seek judicial review of
the decision of the commissioner under AS 44.62.560 -- 44.62.570.
   (d) A person whose permit is revoked may not apply for a permit until at
least five years after the revocation.

(s 4 ch 67 SLA 1994)

A. S. 18.65.740 AK ST s 18.65.740

Sec. 18.65.745 No liability for issuance of permit or for training.

(a) The state, and its officers and employees, are not liable by virtue of
having issued a permit to carry a concealed handgun for damage or harm caused
by the permittee.
(b) A person who provides firearm training to a person who receives a permit
under AS 18.65.700 -- 18.65.790 is not liable for damage or harm caused by the
permittee.

(s 4 ch 67 SLA 1994)

A. S. 18.65.745 AK ST s 18.65.745

Sec. 18.65.750 Possession and display of permit.

   (a) A permittee shall carry the permit at all times the permittee carries a
concealed handgun. The permittee shall display both the license and other
proper identification when asked to do so by a peace officer at any time.
   (b) Whenever a permittee who is carrying a concealed handgun is contacted by
a peace officer, the permittee shall immediately inform the peace officer that
the permittee is carrying a concealed handgun under the permit.
   (c) During a contact with a permittee, a peace officer may secure a handgun,
or direct that it be secured, during the duration of the contact if the peace
officer determines that the action is necessary for the safety of any person,
including the peace officer, present. The permittee shall submit to the
securing of the handgun.
   (d) In this section, "contacted by a peace officer" means stopped, detained,
questioned, or addressed in person by the peace officer for an official
purpose.
   (e) A person who violates (a) of this section is guilty of a violation and
upon conviction may be punished by a fine of not more than $100.
   (f) A person who violates (b) or (c) of this section is guilty of a class A
misdemeanor.

(s 4 ch 67 SLA 1994)

A. S. 18.65.750 AK ST s 18.65.750

Sec. 18.65.755 Places where permittee may not possess a concealed handgun.

   (a) A permittee may not carry a concealed handgun into
   (1) a law enforcement or correctional facility;
   (2) or on school grounds or a school bus; in this paragraph, "school grounds"
has the meaning given in AS 11.71.900;
   (3) a courthouse or a courtroom of this state, unless the permittee
   (A) is a judge; or
   (B) has been authorized to possess a concealed handgun by a judge presiding
at that courthouse or courtroom;
   (4) a building housing only state or federal offices or the offices of a
political subdivision of the state, except as authorized under (3) of this
subsection;
   (5) an office of the state, federal government, or of a political subdivision
of the state that is not located in a building described in (4) of this
subsection;
   (6) a passenger loading or unloading area of an airline terminal;
   (7) a vessel of the Alaska marine highway system;
   (8) a facility providing services to victims of domestic violence or sexual
assault;
   (9) a residence where notice that carrying a concealed handgun is prohibited
has been given by the posting of a conspicuous notice or by oral statement by
the resident to the permittee;
   (10) a meeting of a business, charitable, or other organization or entity
where notice that carrying a concealed handgun is prohibited has been given by
the posting of conspicuous notice;
   (11) a financial institution; in this paragraph, "financial institution"
means a bank, savings bank, savings association, credit union, or other
institution regulated by the Department of Commerce and Economic Development
under AS 06;
   (12) another place where the possession of a deadly weapon or firearm is
prohibited by law; or
   (13) a municipality or established village that has prohibited the possession
of concealed handguns by a permit under AS 18.65.780 -- 18.65.785.
   (b) In (a) of this section, the posting of a conspicuous notice is satisfied
if the notice
   (1) is printed in legible English;
   (2) is at least 144 square inches in size;
   (3) contains the name and address of the person under whose authority the
notice is posted; and
   (4) is posted at each entrance to the residence or place where a meeting is
being held.
   (c) In addition to any other penalty provided by law, a person who violates
this section is guilty of a class B misdemeanor.

(s 4 ch 67 SLA 1994)

Sec. 18.65.760 Misuse of a permit.

   (a) The holder of a permit issued under AS 18.65.700 -- 18.65.790 may not
   (1) alter the permit;
   (2) allow another person to use the permit;
   (3) possess or display a suspended or revoked permit; or
   (4) display an expired permit.
   (b) A person who violates (a)(1) -- (3) of this section is guilty of a class
A misdemeanor.
   (c) A person who violates (a)(4) of this section is guilty of a violation and
upon conviction may be punished by a fine of not more than $100.

(s 4 ch 67 SLA 1994)

A. S. 18.65.760 AK ST s 18.65.760

Sec. 18.65.765 Responsibilities of the permittee.

   (a) The holder of a permit issued under AS 18.65.700 -- 18.65.790
   (1) shall notify the department of a change in the permittee's address within
30 days;
   (2) shall immediately report a lost, stolen, or illegible permit to the
department;
   (3) shall immediately notify the department if the holder is no longer
qualified to hold a permit under AS 18.65.705; and
   (4) may only carry a concealed handgun of the action type and caliber the
holder has demonstrated competency with or of any lesser caliber of the same
action type as authorized in the permit issued under AS 18.65.700.
   (b) A person who violates this section is guilty of a violation and upon
conviction may be punished by a fine of not more than $100.

(s 4 ch 67 SLA 1994)

A. S. 18.65.765 AK ST s 18.65.765

Sec. 18.65.770 Access to list of permittees by peace officers.

The department shall compile a list of permittees in a manner that allows
immediate access to the information by peace officers. The list of permittees
and all applications, permits, and renewals are not public records under AS
09.25.110 -- 09.25.125 and may only be used for law enforcement purposes.

(s 4 ch 67 SLA 1994)

A. S. 18.65.770 AK ST s 18.65.770

Sec. 18.65.775 Regulations.

The department shall adopt regulations to implement AS 18.65.700 --
18.65.790. This section does not delegate to the department the authority to
regulate or restrict the issuing of permits beyond those provisions contained
in AS 18.65.700 -- 18.65.790.

(s 4 ch 67 SLA 1994)

A. S. 18.65.775 AK ST s 18.65.775

Sec. 18.65.778 Municipal preemption.

A municipality may not restrict the carrying of a concealed handgun by permit
under AS 18.65.700 -- 18.65.790 except as provided in AS 18.65.780 --
18.65.785.

(s 4 ch 67 SLA 1994)

A. S. 18.65.778 AK ST s 18.65.778

Sec. 18.65.780 Prohibition of possession of concealed handguns.

   (a) The following question, appearing alone, may be placed before the voters
of a municipality or an established village in accordance with AS 18.65.785:
   Shall the possession of concealed handguns by permit in .....................
   (name of municipality or village) be prohibited?
                                 [ ] Yes             [ ] No.
   (b) If a majority of the voters vote "yes" on the question set out in (a) of
this section, the department shall be notified immediately after certification
of the results of the election, and so long as the prohibition remains in
effect, a person may not possess a concealed handgun with a permit issued under
AS 18.65.700 -- 18.65.790 in the municipality or the established village.

(s 4 ch 67 SLA 1994)

A. S. 18.65.780 AK ST s 18.65.780

Sec. 18.65.785 Procedure for local option elections.

   (a) The local governing body of a municipality, whenever a number of
registered voters equal to at least 10 percent of the number of votes cast at
the last regular municipal election petition the local governing body to do so,
shall place upon a separate ballot at the next regular election or at a special
election the question set out in AS 18.65.780 that is the subject of the
petition. The local governing body shall conduct the election in accordance
with the election ordinance of the municipality.
   (b) The lieutenant governor, whenever 10 percent of the registered voters
residing within an established village petition the lieutenant governor to do
so, shall place upon a separate ballot at a special election the question set
out in AS 18.65.780 that is the subject of the petition. The lieutenant
governor shall conduct the election in the manner prescribed by AS 15 (Alaska
Election Code).
   (c) Notwithstanding another provision of law, an election under (a) or (b) of
this section relating to the possession of concealed handguns by permit under
AS 18.65.780 may not be conducted more than once every 12 months.
   (d) AS 29.26.110 -- 29.26.160 apply to a petition under (a) of this section
in a general law municipality except the
   (1) number of required signatures is determined under (a) of this section
rather than under AS 29.26.130;
   (2) application filed under AS 29.26.110 must contain the question set out
under AS 18.65.780 rather than containing an ordinance or resolution;
   (3) petition must contain the question set out under AS 18.65.780 rather than
material required under AS 29.26.120(a)(1) and (2).

(s 4 ch 67 SLA 1994)

A. S. 18.65.785 AK ST s 18.65.785

Sec. 18.65.790 Definitions.

   In AS 18.65.700 -- 18.65.790,
   (1) "commissioner" means the commissioner of public safety;
   (2) "competence" means the ability to place in a life size silhouette target
   (A) seven out of 10 shots at seven yards;
   (B) six out of 10 shots at 15 yards;
   (3) "concealed handgun" means a firearm, that is a pistol or a revolver, and
that is covered or enclosed in any manner so that an observer cannot determine
that it is a handgun without removing it from that which covers or encloses it
or without opening, lifting, or removing that which covers or encloses it;
however, "concealed handgun" does not include a shotgun, rifle, derringer or
other miniature handgun, or a prohibited weapon as defined under AS 11.61.200;
in this paragraph,
   (A) "derringer" means a handgun that has individual barrels for each
cartridge it is capable of firing and lacks a manufacturer's installed trigger
guard that completely encircles the trigger and which is part of the frame; and
   (B) "miniature handgun" means a handgun that has a barrel length of three and
one-half inches or less and lacks a manufacturer's installed trigger guard that
completely encircles the trigger and which is part of the frame;
   (4) "department" means the Department of Public Safety;
   (5) "established village" has the meaning given in AS 04.21.080;
   (6) "local governing body" has the meaning given in AS 04.21.080;
   (7) "permit" means a permit to carry a concealed handgun issued under AS
18.65.700 -- 18.65.790.

(s 4 ch 67 SLA 1994)

A. S. 18.65.790 AK ST s 18.65.790