Alaska firearms laws face uncertainty following federal ruling

Alaska Acting Attorney General Cori Mills is calling on state lawmakers to amend the criminal code following a federal court decision and new guidance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. The changes have created legal uncertainty regarding the regulation of suppressors, short-barreled rifles, and short-barreled shotguns.

Under Alaska Statute 11.61.200, possessing certain prohibited weapons is a class C felony. However, the law includes an affirmative defense for individuals who can prove their weapons were handled according to federal registration requirements under the National Firearms Act. Because federal enforcement of these registration processes has changed, the legal basis for this defense is now in question.

Until the legislature can clarify the statute, the Alaska Department of Law has instructed law enforcement agencies to consult with state prosecutors before pursuing charges under the affected provision. The issue is expected to be addressed when lawmakers convene in Juneau for their next regular session in January.