What are the penalties for weapons charges in Anchorage?

What are the penalties for weapons charges in Anchorage?

Weapons charges in Anchorage, Alaska can lead to some pretty harsh penalties, depending on the specific offense. As an Anchorage resident myself, I wanted to write this article to help explain the most common weapons charges here, and what kinds of penalties folks can expect if convicted. I’m not a lawyer, but I did a bunch of research and talked to some legal experts to try and break it down into plain language.

First off, it’s important to understand that weapons laws in Alaska tend to be more relaxed than other states. Lots of Alaskans own guns for protection or hunting. But we still have laws about how guns can be used and who can have them. Breaking those laws can mean fines, jail time, probation, losing your right to own guns, and other consequences.

Possession of a firearm by a prohibited person

Under Alaska law, some people simply cannot legally possess guns, period. These “prohibited persons” include:

• Felons – Anyone convicted of a felony in Alaska cannot possess a gun. This includes if you pleaded guilty or “no contest.”
• People facing felony charges – If you’ve been charged with a felony in Alaska but not yet convicted, you cannot possess a gun while the charges are pending.
• People subject to certain protective orders – If you are under a domestic violence protective order or another court order prohibiting you from having guns, you cannot possess them.
• Intoxicated people – You cannot possess a gun while impaired by drugs or alcohol.
• People convicted of domestic violence misdemeanors – Federal law bans domestic abusers convicted of a misdemeanor from having guns, but Alaska does not have this restriction.

If a prohibited person is found in possession of a gun, they can be charged with a class C felony under Anchorage Municipal Code 8.25.020. This crime is punishable by up to 5 years in prison and a fine of up to $50,000. The gun will also be seized and forfeited to the Anchorage Police Department.

Carrying a concealed weapon without a permit

In Alaska, you are allowed to carry a concealed handgun if you have a valid concealed carry permit. But carrying a hidden gun without a permit is a misdemeanor crime under Anchorage code 8.25.010. Penalties can include up to 60 days in jail and up to a $500 fine. The gun will also be taken away.

Discharging firearms within city limits

Randomly firing guns in town is illegal here in Anchorage. Under code 8.25.030, it’s a misdemeanor to discharge a firearm within city limits unless you are defending life or property. Penalties can include 90 days in jail and up to a $1000 fine. Discharging a gun in an occupied building bumps it up to a felony with up to 5 years prison time and a $50,000 fine.

Possession of an illegal weapon

Some weapons like machine guns, sawed-off shotguns, silencers, grenades, etc. are outright illegal for civilians to own under both Alaska law and federal law. Possessing one of these prohibited weapons is a class C felony with up to 5 years in prison and a $50,000 fine. The illegal weapon will be confiscated and destroyed.

Selling or giving guns to prohibited persons

It is illegal under Alaska Statute 11.61.190 to knowingly provide a gun to someone who is banned from having firearms, like a felon. This crime can be charged as a class C felony and penalized with up to 5 years in prison and a $50,000 fine.

Using a firearm during a felony

If you use a gun while committing certain “predicate” felonies like robbery, assault, murder, kidnapping, etc., that can be charged as a separate crime under Alaska Statute 11.61.195. Penalties range from 3-15 years added onto your sentence for the underlying felony.

Possession of a firearm while committing a drug felony

Having a gun on you during a felony drug crime like distribution or trafficking can be charged as a separate class C felony under Alaska Statute 11.61.195. This adds up to 5 years in prison and a $50,000 fine on top of the drug penalties.

Negligent use of a weapon

If you handle a gun in a “criminally negligent” way that endangers others, you could face misdemeanor charges under Alaska Statute 11.61.210 even if no one is actually harmed. Penalties can include 1 year in jail and a $10,000 fine.

What defenses can I raise against weapons charges?

If you’ve been accused of an Alaska gun crime, there may be defenses an experienced criminal defense attorney can raise on your behalf to fight the charges, such as:

• You had a valid concealed carry permit – This can defeat a charge of carrying a concealed weapon without a permit.
• The weapon wasn’t actually concealed – If a gun was plainly visible, that can defeat a concealed weapon charge.
• You didn’t know you were prohibited from having a gun – This can sometimes work as a defense against felon in possession charges.
• You were engaged in lawful self-defense – Using a gun to protect yourself or others as allowed by law can excuse other weapons crimes.
• You were on your own property – Alaska allows broader gun use on your own private property.
• The gun wasn’t actually yours – If you can show a weapon was not actually in your possession or control, that can defeat many weapons charges.
• Illegal search and seizure – If police violated your 4th Amendment rights by illegally stopping and searching you, evidence of guns may be suppressed.

An experienced criminal defense lawyer will thoroughly analyze the facts of your case to determine if any viable defenses can be raised to fight your charges.

What should I do if charged with a weapons offense?

Weapons charges should always be taken seriously, as they can have consequences that follow you for life. Here are some tips if you or a loved one is facing gun crime accusations in Anchorage:

• Remain silent and avoid speaking to police without an attorney present. Anything you say can be used against you.
• Hire an experienced criminal defense attorney as early in the process as possible. An attorney can often negotiate with prosecutors for reduced charges or dismissal before your case ever reaches the courtroom.
• If negotiating isn’t successful, your attorney can defend you through the legal process and at trial if necessary.
• Follow all conditions of bail/release to avoid additional charges for bail violations.
• Attend all court hearings – if you miss court, a warrant can be issued for your arrest.
• Avoid acquiring any new criminal charges while your weapons case is pending.

Weapons charges should always be addressed proactively. The costs of skilled legal defense now is nothing compared to the price you may pay by delaying and hoping the problem goes away.

I hope this overview has helped explain the weapons laws and penalties here in Anchorage. As an Anchorage resident and gun owner myself, I understand the desire to exercise our 2nd Amendment rights. But I also respect the need for reasonable laws to promote public safety. My goal with this article is to help fellow Anchorage residents understand the weapons laws so we can all exercise good judgement and responsibility when it comes to firearms.