Felon Gun Rights in Alaska
It depends. If you have a single nonviolent felony conviction in Alaska and 10 years have passed since your unconditional discharge, your right to possess a concealable firearm (handgun) is automatically restored under state law — no application needed. Long guns (rifles and shotguns) are not restricted for nonviolent felons under Alaska state law. However, if your felony involved an offense against a person (AS 11.41) or you have two or more felony convictions, you are permanently prohibited from possessing handguns unless your conviction is set aside or you receive a pardon. In all cases, the federal ban under 18 USC 922(g)(1) still applies independently.
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Overview
Alaska restricts only concealable firearms (handguns) for convicted felons under AS 11.61.200. For a first felony conviction that did not involve an offense against a person (AS 11.41), handgun rights are automatically restored 10 years after unconditional discharge with no petition or application required. Nonviolent felons may possess long guns (rifles and shotguns) immediately upon release. Persons convicted of two or more felonies, or of a felony against a person, face permanent state-level handgun restrictions unless they obtain a set-aside of their conviction or a governor's pardon.
Quick Answer
It depends. If you have a single nonviolent felony conviction in Alaska and 10 years have passed since your unconditional discharge, your right to possess a concealable firearm (handgun) is automatically restored under state law — no application needed. Long guns (rifles and shotguns) are not restricted for nonviolent felons under Alaska state law. However, if your felony involved an offense against a person (AS 11.41) or you have two or more felony convictions, you are permanently prohibited from possessing handguns unless your conviction is set aside or you receive a pardon. In all cases, the federal ban under 18 USC 922(g)(1) still applies independently.
Federal Law — 18 USC 922(g)
Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms. This federal prohibition applies in Alaska regardless of state law. Alaska's automatic restoration of handgun rights after 10 years does NOT automatically lift the federal ban. However, if a conviction is set aside under AS 12.55.085, this may qualify as an 'expungement' that removes the federal disability under 18 USC 921(a)(20). A governor's pardon that restores civil rights without expressly excluding firearms would also remove the federal disability. The revived 18 USC 925(c) federal petition process, now housed in the Office of the Pardon Attorney, may provide an additional pathway for federal relief.
Can restore gun rights
- ✓Persons convicted of a single nonviolent felony (not an offense against a person under AS 11.41) — handgun rights automatically restored 10 years after unconditional discharge
- ✓Persons whose felony conviction is set aside under AS 12.55.085 — removes both state and potentially federal firearms disabilities
- ✓Persons who receive a governor's pardon with restoration of civil rights including firearms
- ✓Persons whose conviction is overturned on appeal or post-conviction review
- ✓Nonviolent felons may possess long guns (rifles/shotguns) immediately — no state-level restriction applies
- ✓Persons eligible for the revived federal 18 USC 925(c) petition process
Cannot restore gun rights
- ✗Persons convicted of two or more felonies — permanently prohibited from possessing concealable firearms under AS 11.61.200(b)
- ✗Persons convicted of a felony offense against a person under AS 11.41 (murder, assault, kidnapping, sexual assault, robbery, etc.) — permanently prohibited
- ✗Persons convicted of misdemeanor domestic violence — prohibited under both state and federal law
- ✗Persons subject to an active domestic violence protective order
- ✗Persons adjudicated as mentally ill or committed to a mental institution
- ✗Persons within 10 years of unconditional discharge for a single nonviolent felony (handguns only)
Step-by-Step Process
Determine your prohibition category
Identify which restriction applies: (1) Single nonviolent felony — 10-year handgun prohibition, automatic restoration; (2) Felony against a person (AS 11.41) — permanent handgun prohibition, requires set-aside or pardon; (3) Two or more felonies — permanent handgun prohibition, requires set-aside or pardon. Note that long guns are not restricted under Alaska state law for any felon category.
Wait for the 10-year period (automatic restoration path)
If you have a single nonviolent felony, wait 10 years from the date of your unconditional discharge (completion of all sentence terms including probation, parole, and payment of fines). After this period, your right to possess concealable firearms is automatically restored under Alaska state law with no application needed.
Seek a set-aside of conviction (if permanently prohibited)
If you are permanently prohibited (offense against a person or two or more felonies), you may petition the court for a set-aside of your conviction under AS 12.55.085. The set-aside requires consent of the prosecuting attorney and successful completion of probation. Serious violent offenses, sex offenses, stalking, human trafficking, and offenses involving firearms are not eligible for set-aside.
Apply for a governor's pardon (alternative path)
Submit a pardon application to the Alaska Board of Parole, which investigates and makes a confidential recommendation to the Governor. Note that Alaska has not granted any pardons since 2006 when the pardon program was suspended; the program was reinstated in 2018 with a rigorous review process, but grants remain extremely rare.
Consider the federal 18 USC 925(c) petition process
The revived federal firearm rights restoration process under 18 USC 925(c), housed in the DOJ Office of the Pardon Attorney, may provide a separate pathway to lift the federal firearms disability. This is especially relevant because Alaska's automatic 10-year restoration does not address the federal ban.
Verify your restoration status
After the 10-year period expires (automatic path) or after receiving a set-aside or pardon, confirm your status by consulting with an attorney. Keep documentation of your unconditional discharge date, set-aside certificate, or pardon. For the automatic restoration, there is no certificate issued — you must be prepared to prove the 10-year period has elapsed.
Waiting Period
For a single nonviolent felony (not against a person), handgun rights are automatically restored 10 years after unconditional discharge. There is no waiting period for long gun possession by nonviolent felons. For felonies against a person (AS 11.41) or two or more felonies, the prohibition is permanent — there is no waiting period because restoration requires a set-aside or pardon. The pardon process has no fixed timeline, and Alaska pardons are extremely rare (none granted since 2006).
Key Laws
| Law | Year | Description |
|---|---|---|
| AS 11.61.200 — Misconduct Involving Weapons in the Third Degree | 1978 (amended multiple times) | Prohibits a person convicted of a felony from knowingly possessing a firearm capable of being concealed on one's person (handgun). Violation is a class C felony punishable by up to 5 years imprisonment and $50,000 fine. The prohibition does not apply after 10 years from unconditional discharge if the prior conviction was not for an offense against a person under AS 11.41. |
| AS 11.61.200(b) — Two or More Felonies Exception | 1978 (amended) | The 10-year automatic restoration provision does not apply to a person who has been convicted of two or more prior felonies. Such persons face a permanent prohibition on possessing concealable firearms. |
| AS 11.41 — Offenses Against Persons | 1978 (amended) | Defines the category of offenses that trigger the permanent handgun prohibition. Includes murder, manslaughter, criminally negligent homicide, assault, sexual assault, sexual abuse, kidnapping, custodial interference, robbery, extortion, and coercion, among others. |
| AS 12.55.085 — Suspending Imposition of Sentence (Set-Aside) | 1962 (amended multiple times) | Allows courts to set aside a conviction after successful completion of probation, issuing a certificate to that effect. A set-aside is an affirmative defense to a felon-in-possession charge under AS 11.61.200 and may remove the federal firearms disability. Serious violent offenses, sex offenses, stalking, and firearm offenses are not eligible. |
Edge Cases
Can I possess a rifle or shotgun as a felon in Alaska?
Yes, under Alaska state law. AS 11.61.200 only prohibits possession of a 'firearm capable of being concealed on one's person' — which means handguns. Long guns (rifles and shotguns) are not restricted for felons under Alaska state law. However, federal law under 18 USC 922(g)(1) prohibits ALL firearm possession by felons, including long guns. Possessing a long gun as a felon in Alaska could result in federal prosecution even though it does not violate state law.
What counts as 'unconditional discharge' for the 10-year clock?
Unconditional discharge means the complete release from all terms of the sentence, including incarceration, probation, parole, and any supervised release. The 10-year clock does not begin until ALL conditions have been satisfied, including payment of fines and restitution. If probation is revoked and you serve additional time, the clock resets from the new discharge date.
I was convicted of assault (AS 11.41) — can I ever get my handgun rights back?
Not automatically. Assault is an offense against a person under AS 11.41, so the 10-year automatic restoration does not apply. Your options are: (1) seek a set-aside of the conviction under AS 12.55.085 (if eligible — some assault charges may not qualify), or (2) apply for a governor's pardon. However, Alaska pardons are extremely rare — none have been granted since 2006. The revived federal 18 USC 925(c) process may also provide relief.
Does a juvenile felony adjudication count for the handgun prohibition?
Yes. AS 11.61.200 applies to anyone 'adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult.' The same 10-year automatic restoration period applies, measured from the date of unconditional discharge from the juvenile disposition, provided the offense was not against a person.
Can I live in a home where someone else has handguns?
Alaska law specifically addresses this. Under AS 11.61.200(a)(11), it is a crime for a prohibited felon to reside in a dwelling knowing there is a concealable firearm present, UNLESS the felon has obtained written authorization from a court of competent jurisdiction or from the head of the local law enforcement agency. This restriction applies during the entire prohibition period.
I have two felony convictions but both are nonviolent — can I get automatic restoration?
No. The 10-year automatic restoration under AS 11.61.200(b) applies only to persons with a single prior felony conviction. Two or more felony convictions of any type — even if both are nonviolent — result in a permanent state-level prohibition on concealable firearms. A set-aside or pardon is required.
Frequently Asked Questions
- Can a felon get gun rights back in Alaska?
- Yes, depending on the circumstances. For a single nonviolent felony (not against a person), handgun rights are automatically restored 10 years after unconditional discharge. Long guns are not restricted under state law for any felon. For felonies against a person or multiple felonies, a set-aside or pardon is needed. In all cases, the federal ban must be addressed separately through a pardon, set-aside, or the revived 18 USC 925(c) process.
- Does Alaska's automatic restoration lift the federal ban?
- No. The automatic restoration of handgun rights after 10 years under AS 11.61.200 is a state-law provision only. Federal law under 18 USC 922(g)(1) independently prohibits all felons from possessing any firearm. The federal ban is not lifted by the passage of time alone. You need a pardon, a set-aside of the conviction, or federal relief under 18 USC 925(c) to address the federal prohibition.
- How do I get a set-aside of my conviction in Alaska?
- Under AS 12.55.085, if you received a suspended imposition of sentence and successfully completed probation, the court may set aside your conviction and issue a certificate. The set-aside requires the consent of the prosecuting attorney. Serious violent offenses, sex offenses, stalking, human trafficking, and firearm offenses are not eligible. A set-aside removes the state firearms disability and may also remove the federal disability.
- Are pardons available in Alaska?
- Technically yes, but practically very difficult. Alaska's pardon program was suspended from 2006 to 2018, and despite being reinstated with a rigorous administrative review process, no pardons have been granted since 2006. Applications are submitted to the Board of Parole, which investigates and makes a confidential recommendation to the Governor. The Governor has sole discretion on whether to grant the pardon.
- What is the penalty for a felon possessing a handgun in Alaska?
- Violation of AS 11.61.200 (misconduct involving weapons in the third degree) is a class C felony, punishable by up to 5 years imprisonment and a fine of up to $50,000. Federal prosecution under 18 USC 922(g)(1) can result in up to 15 years in federal prison. A felon could face both state and federal charges for the same conduct.
- Do out-of-state felony convictions count?
- Yes. AS 11.61.200 applies to persons convicted of a felony 'by a court of this state, a court of the United States, or a court of another state or territory.' Out-of-state and federal felony convictions trigger the same handgun prohibition. The 10-year automatic restoration applies equally to out-of-state convictions, provided the offense would not be classified as an offense against a person under AS 11.41.
- Can I carry a concealed handgun after the 10-year restoration?
- Alaska is a constitutional carry state — no permit is required for lawful handgun carry. After the 10-year period for a single nonviolent felony, the state-level prohibition lifts automatically and you would not be prohibited under state law from carrying concealed. However, the federal ban under 18 USC 922(g)(1) still applies, making any possession (open or concealed) a federal felony until the federal disability is also addressed.
- What offenses are listed under AS 11.41 (offenses against persons)?
- AS 11.41 covers a broad range of offenses including murder, manslaughter, criminally negligent homicide, all degrees of assault, all degrees of sexual assault, sexual abuse of a minor, kidnapping, custodial interference, robbery, extortion, and coercion. If your felony conviction falls under any of these categories, the permanent prohibition applies and automatic restoration is not available.
Take Action — Direct Links
- Alaska Statutes AS 11.61.200 — Full Text
Full text of Alaska's felon-in-possession statute, including the 10-year automatic restoration provision and exceptions for offenses against persons and multiple felonies.
- Collateral Consequences Resource Center — Alaska Profile
Comprehensive guide to Alaska restoration of rights, pardon, set-aside, and sealing, including gun rights restoration.
- Giffords Law Center — Alaska Firearm Prohibitions
Summary of Alaska's firearm prohibition laws including who is prohibited and available restoration mechanisms.
- ATF State Laws and Published Ordinances — Alaska
ATF's official compilation of Alaska firearms statutes and regulations, including federal interaction with state law.
- Alaska Board of Parole — Pardon Information
Overview of Alaska's pardon process, including application procedures, eligibility, and the role of the Board of Parole.
- DOJ Office of the Pardon Attorney — Federal Firearm Rights Restoration
Information on the revived federal 18 USC 925(c) firearm rights restoration process, relevant for Alaska felons whose state restoration does not lift the federal ban.
Video Guides
Sources
- Alaska Statutes AS 11.61.200 — Misconduct Involving Weapons in the Third Degree
- Alaska Statutes AS 12.55.085 — Suspending Imposition of Sentence
- Collateral Consequences Resource Center — Alaska Restoration Profile
- Giffords Law Center — Alaska Firearm Prohibitions
- ATF State Laws and Published Ordinances — Alaska
- 18 USC 922(g)(1) — Federal Firearms Prohibition