Domestic violence and Alaska federal gun laws?

Answer 1

The above is INCORRECT!!! State Law supercedes federal law and in Alaska the domestic violence misdemeanors ALL LACK THE "INTENT" NECCESSARY TO ENFORCE THE FEDERAL STATUTE! THERFORE YOU CAN OWN A GUN! Believe me, I searched long and hard to find this answer because people (like the above respondent) want you to believe that as an Alaska resident you aren't allowed to own a gun. Now there ARE exceptions. See the following excerpt from WomensLaw.org: "It depends. If the abuser has been convicted of a felony in Alaska, is it illegal for him to have or buy a gun under federal law. Federal law also states that if someone has been convicted of a domestic violence misdemeanor, he cannot have or buy a gun -- however, this currently does not apply to certain states on the West Coast, including Alaska.*

But, if the abuser was convicted of a domestic violence misdemeanor in which he used or had a gun, the gun may still be taken away. Alaska state law says that if a person had in his possession or used a deadly weapon while committing a crime involving domestic violence, the judge should order that the gun be taken away and given to the commissioner of public safety or a law enforcement agency. **

In addition, Alaska state law says that a police officer who is investigating a crime of domestic violence can seize any deadly weapons that are in plain view at the scene of the crime, if the officer believes taking the weapon is necessary to protect you or your family. Also, if the abuser had or used a deadly weapon against you during the domestic violence, the police officer can take any weapons (in plain view or not) that the abuser has in his possession. However, if the weapon is not needed as evidence in a criminal case, the law enforcement agency that has the weapon must let the owner get the weapon back.***

Alaska law defines domestic violence as certain crimes that are committed against you or a family or household member by a family or household member. The crimes include assault, stalking, harassment, sexual offenses, and violating a protective order, among others. For a more complete explanation of the crimes that qualify as "domestic violence," see What is the legal definition of domestic violence? For the definition of "household member" in Alaska, please see Who can get a protective order?

* 18 USC § 922 (g)(9); (Note: although federal law prohibits owning or buying a gun if the abuser is convicted of a "domestic violence misdemeanor," none of Alaska's domestic violence misdemeanors have the 'intentional' element that is required under current case law to meet the federal definition. Therefore, a conviction for a domestic violence misdemeanor in Alaska does not make it illegal for an abuser to own or buy a gun. See United States v. Nobriga, 474 F.3d 561 (9th Cir. Ct App., 2006))

** Alaska Statute § 12.55.015(f)

*** Alaska Statute § 18.65.515(b)" Added: Thanks Matanuskathunder - following the cited references - it appears that Alaska law does, in fact, allow misdemeanent domestic violence offenders to possess firearms - under certain circumstances- and, insofar as the state of Alaska is concerned - I withdraw that portion of the answer.