Page 1 of 2 12 LastLast
Results 1 to 20 of 34

Thread: Open Carry Age...?

  1. #1
    Member akhunter3's Avatar
    Join Date
    Apr 2006
    Location
    Eagle River
    Posts
    824

    Default Open Carry Age...?

    Hello,

    After reading JOAT's CCW thread, it got me to thinking about this next summer, as I'll most likely be heading to Fairbanks to continue my exchange of cool looking green paper for knowledge in my head.
    So I have to ask..."How old does one have to be to open carry in Alaska??"


    I have read the statutes, and it appears that you only have to be 18. I have asked a couple people here on the forums and gotten conflicting answers.


    As such, I was wondering if anyone would be able to clear this up for me...



    Thanks,


    Jon

  2. #2

    Default Open Carry

    You have to be 18 to carry a long gun that does not shoot a cartridge also shot in a pistol and 21 to carry a handgun.

  3. #3
    Member akhunter3's Avatar
    Join Date
    Apr 2006
    Location
    Eagle River
    Posts
    824

    Default haha confusion....

    You've know made the score 2-2

    two people say you can under 21

    two people say you can't under 21



    I know you can carry a rifle under 18, so long as a note is carried sayin' your allowed to.


    Everything I've found about possessing a handgun refers to it when it is concealed. Doesn't seem to be any different from a long gun when not concealed...BUT am I missing a piece of the puzzle??


    Thanks,

    Jon

  4. #4
    Member JOAT's Avatar
    Join Date
    Aug 2007
    Location
    Soldotna, ALASKA since '78
    Posts
    3,720

    Exclamation The law says...

    Go look at the Alaska Statutes 11.61.190-220 for weapons crimes and you'll find all you're looking for.

    You must be 21 years old to carry concealed (with or without a CCW permit).

    You must be 16 years old to possess a firearm without parent/guardian consent (if you're under 16, you can still be in possession, but you must have consent).

    You must be 18 years old to purchase a firearm.

    Alaska law does not differentiate between types of firearms, but you must be careful with a handgun that you do not conceal it, even inadvertently (holster under a jacket). For anyone under 21, any firearm must remain in plain view.

    You don't have to take my word for it, or any of the misinfo you'll get from everyone you ask, just go read the statutes and official state documents via the following links...

    http://touchngo.com/lglcntr/akstats/...Section220.htm

    http://touchngo.com/lglcntr/akstats/...Section210.htm

    http://www.dps.state.ak.us/PermitsLicensing/achp/

    http://www.dced.state.ak.us/oed/stud...g/firearms.htm
    Winter is Coming...

    Go GeocacheAlaska!

  5. #5
    Member akhunter3's Avatar
    Join Date
    Apr 2006
    Location
    Eagle River
    Posts
    824

    Default

    Thanks Joat!!!!


    much appreciated.



    Jon

  6. #6

    Default

    Quote Originally Posted by mauserboy View Post
    You have to be 18 to carry a long gun that does not shoot a cartridge also shot in a pistol and 21 to carry a handgun.
    Um no.
    That is not a law on the books. You can carry any firearm openly if you over 16 years of age. (AS 11.61.220 B 3)It has nothing to do with caliber or action type. If you are 21 years of age you can carry concealed weapons.
    Pat
    Colt M16/AR15 & Glock Armorer.
    Certified firearms Instructor & Urban Rifle Instructor.
    Completed SWAT Entry Team and SWAT Sniper courses.
    NRA Endowment Member IDPA Expert USPSA B Class

  7. #7
    Member
    Join Date
    Jul 2007
    Location
    Fairbanks
    Posts
    19

    Post Open Carry Age..

    AS 11.61.220(b)(2) Allows those under 21 to carry concealed if it's for protection while hunting, fishing, etc.
    AS 11.61.220(a)(3) Bars unemancipated minors under 16 years of age from possessesing a firearm without the consent of a parent or guardian.

    Don't take my word for it... go look it up yourself. You'd be surprised what you find when actually reading the laws we are supposed to be living under.

  8. #8
    Member akprideinvegas's Avatar
    Join Date
    May 2006
    Location
    Anchorage, Ak
    Posts
    579

    Default

    Yes you can carry as the statutes say, im 19 and i was pulled over with a sw 500 this summer and there was no problem. I researched it and new my rights. I have argued this with too many people, but i did not know about the AS 11.61.220(b)(2). thanks and i glad people are actually using the statutes. vance

  9. #9
    New member
    Join Date
    Mar 2010
    Location
    kenai penisula
    Posts
    5

    Default

    I have read those statues and most are for concealed carry and purchasing guns. Nowhere does it say they have to be 16 to open carry. At opencarry.org it states open carry in Alaska is 14 yrs old.


    so those statues are useful but dont answer the question.

  10. #10
    Sponsor ADfields's Avatar
    Join Date
    Nov 2008
    Location
    Missing Palmer AK in Phonix AZ.
    Posts
    6,416

    Default

    This thread is about the more lax State law so far and completely ignores Federal laws, cops/DAs will almost always go by the more restrictive law. As I understand the law, from memory and I’m no lawyer.

    1. You can purchase (buy from an FFL) and possess a handgun at age 21 by Federal law.

    2. You can own and possess a handgun at age 18, gift or privet (buy it from non FFL) party transaction by Federal law.

    3. You can own but not possess a handgun under 18, unless accompanied by legal adult at a range, during hunting, etc by Federal law.

    4. You can purchase ammo for a handgun at age 21, 18 if you demonstrate that it's for use in a rifle chambered for a handgun round by Federal law.

    The best source for this stuff is not reading the law ‘as written’ but places like NRA-ILA that also takes case law into the equation. It's how the written law has been interpreted in case law that tells you what the law acutely is.
    Andy
    On the web= C-lazy-F.co
    Email= Andy@C-lazy-F.co
    Call/Text 602-315-2406
    Phoenix Arizona

  11. #11

    Default

    Quote Originally Posted by ADfields View Post
    This thread is about the more lax State law so far and completely ignores Federal laws, cops/DAs will almost always go by the more restrictive law. As I understand the law, from memory and Iím no lawyer.

    1. You can purchase (buy from an FFL) and possess a handgun at age 21 by Federal law.

    2. You can own and possess a handgun at age 18, gift or privet (buy it from non FFL) party transaction by Federal law.

    3. You can own but not possess a handgun under 18, unless accompanied by legal adult at a range, during hunting, etc by Federal law.

    4. You can purchase ammo for a handgun at age 21, 18 if you demonstrate that it's for use in a rifle chambered for a handgun round by Federal law.

    The best source for this stuff is not reading the law Ďas writtení but places like NRA-ILA that also takes case law into the equation. It's how the written law has been interpreted in case law that tells you what the law acutely is.
    Please don't pretend to be a lawyer when your not. State or municipal police officers in Alaska do not enforce federal gun law, per se. If they believe a federal violation has occued then they refer it to the appropriate federal agency. However, bringing charges in the State of Alaska court system is only for state charges.

    Your best sources from reading laws concerning the State of Alaska will be found in the Alaska Statutes.

    Your plain giving out bad advice here.

  12. #12
    Member
    Join Date
    Apr 2006
    Location
    SwampView AK, Overlooking Mt. Mckinley and Points Beyond.
    Posts
    8,815

    Default

    Quote Originally Posted by stiffnecked View Post
    Please don't pretend to be a lawyer when your not. State or municipal police officers in Alaska do not enforce federal gun law, per se. If they believe a federal violation has occued then they refer it to the appropriate federal agency. However, bringing charges in the State of Alaska court system is only for state charges.

    Your best sources from reading laws concerning the State of Alaska will be found in the Alaska Statutes.

    Your plain giving out bad advice here.
    Read the first paragraph of what AD said,,,,,,

    "As I understand the law, from memory and Iím no lawyer."

    Then offer the man your apology.

    Smitty of the North
    Walk Slow, and Drink a Lotta Water.
    Has it ever occurred to you, that Nothing ever occurs to God? Adrien Rodgers.
    You can't out-give God.

  13. #13
    Sponsor ADfields's Avatar
    Join Date
    Nov 2008
    Location
    Missing Palmer AK in Phonix AZ.
    Posts
    6,416

    Default

    Quote Originally Posted by stiffnecked View Post
    Please don't pretend to be a lawyer when your not.
    Well no I'm not a lawyer and said so up front. However I have paid for enough hours from lawyers to have gone to Harvard Law and I picked up a thing or two along the way about how it works. I do very well understand that the wording of the law text means what the courts say it means and that's seldom what we think as we read the black and white. Settled case law is what will make or break.


    Quote Originally Posted by stiffnecked View Post
    State or municipal police officers in Alaska do not enforce federal gun law, per se. If they believe a federal violation has occued then they refer it to the appropriate federal agency. However, bringing charges in the State of Alaska court system is only for state charges.

    Your best sources from reading laws concerning the State of Alaska will be found in the Alaska Statutes.

    Your plain giving out bad advice here.
    I suppose you think Troopers have no ‘authority’ to enforce USDOT Part 49 on truck drivers, detain illegal aliens, or arrest someone for pot or some other schedule one controlled substance under Federal law. Hay kids break all the Federal laws you want, stiffnecked says Alaska cops don’t enforce them so as long as you don't get pulled over by BATF or FBI I’m sure you’ll be fine!
    Andy
    On the web= C-lazy-F.co
    Email= Andy@C-lazy-F.co
    Call/Text 602-315-2406
    Phoenix Arizona

  14. #14
    Member stevelyn's Avatar
    Join Date
    Jul 2006
    Location
    Fairbanksan in Aleutian Hell
    Posts
    1,316

    Default

    Hay kids break all the Federal laws you want, stiffnecked says Alaska cops donít enforce them so as long as you don't get pulled over by BATF or FBI Iím sure youíll be fine!
    Uhh............Stiffnecked is right. We don't. We also tend to avoid fedpukes like the plague and only deal with them in rare, isolated cases. Besides enforcing fedlaw would require a complaint to be filed in US District Court and an AUSA willing to prosecute. Not gonna happen and DAs/ADAs working for AK Dept of Law aren't going to touch it.

    ICE and USFWS are the agencies we most frequently interact with and they tend to be decent folks as fedpukes go. However, I've yet to find a reason to cooperate or assist the waffen BATFEces in any way.

    USDOT Part 49 has Alaska Statute counterparts. For the Troopers to enforce fedlaw, there has to be a MOA and a request from a specific agency to act as their agent. They also have to flash money from fed budgets.

    Anyways here's the deal.

    You can carry a handgun openly with written parental permission under 16 yoa.

    Carry openly and possess a handgun from 16 to 20 yoa.

    Carry openly or concealed, with OR without a CHL @21 yoa and up.


    The best source for this stuff is not reading the law Ďas writtení but places like NRA-ILA that also takes case law into the equation. It's how the written law has been interpreted in case law that tells you what the law acutely is.
    Funny.............. I was taught to base my enforcement decisions on how the law is written and is in my copy of the Alaska Criminal and Traffic Law Manual and sometimes the advice when needed of my DA. Case law and interpretation is someone elses problem way down the road.
    Now what ?

  15. #15
    Sponsor ADfields's Avatar
    Join Date
    Nov 2008
    Location
    Missing Palmer AK in Phonix AZ.
    Posts
    6,416

    Default

    So youíre saying that because some laws may not be enforced by you they don't need to abide by them, they don't matter . . . and you are telling this to kids? I don't like most of the laws we have but as a law abiding citizen that would just as soon not risk losing my gun and voting rights for life I will abide by them as best as I can. I will also continue to tell young people the laws are there, they do exist and breaking them thinking nobody will ever call you on it is to invite trouble.

    As for case law/written law Iím talking about the system as a whole not just the role LEOs play within the much larger system. Yes, definitely read the law as written I never said otherwise and would not. The written law is the foundation that everything is built off of but thinking you know what that means just from the wording alone if foolish at best. The context of how the law has been applied in the system as a whole is what counts. But dose the case law support your interpretation of the law as you read it?

    As a LEO you get guidance as to the context as you described but where does a 17 year old kid get theirs? Reading the law is a great start to understanding but the farther along a case progress the more important the details become and the answers lay in what the courts have said the words means not what the reader thinks they mean. I know this first hand because I have been burnt by just reading the law and thinking I understood it, Iím not guessing about this at all! As it turned out how one little word ďtheĒ had been interpreted in the past cost me about $35K.
    Andy
    On the web= C-lazy-F.co
    Email= Andy@C-lazy-F.co
    Call/Text 602-315-2406
    Phoenix Arizona

  16. #16

    Default

    ADfeilds, you think that the state of Alaska will enforce federal law that conflicts with its own state law? Whatr ya smokin?

  17. #17
    Sponsor ADfields's Avatar
    Join Date
    Nov 2008
    Location
    Missing Palmer AK in Phonix AZ.
    Posts
    6,416

    Default

    Quote Originally Posted by Barkbuster20 View Post
    ADfeilds, you think that the state of Alaska will enforce federal law that conflicts with its own state law? Whatr ya smokin?
    I think there is a good chance someone somewhere in Alaska will if I break laws, don't know or care what payroll they may be on. Also I don’t think it’s all that responsible to be telling kids they don’t need to bother with obeying laws. And I don’t smoke anything on the controlled substance list and have not since the early 70s when I was young and dumb.
    Last edited by Daveinthebush; 03-04-2010 at 15:12.
    Andy
    On the web= C-lazy-F.co
    Email= Andy@C-lazy-F.co
    Call/Text 602-315-2406
    Phoenix Arizona

  18. #18
    Supporting Member Amigo Will's Avatar
    Join Date
    Nov 2008
    Location
    Wrangell
    Posts
    7,600

    Default

    In Alaska if a cop will bust ya for haveing a joint in your house they will sure as heck get you for federal gun laws.

  19. #19
    Member
    Join Date
    Jan 2008
    Location
    Anchorage, AK
    Posts
    201

    Default

    Quote Originally Posted by stevelyn View Post
    the waffen BATFEces
    That right there, that's funny.

  20. #20

    Default

    Quote Originally Posted by Amigo Will View Post
    In Alaska if a cop will bust ya for haveing a joint in your house they will sure as heck get you for federal gun laws.
    I dont even think it is legal for a police officer to enforce federal law if it conflicts with state law. I do not live in alaska, but i was under the impression that it is legal to have personal use marijuana in your house, is this wrong?

Page 1 of 2 12 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •