Can a Felon Own a Gun in Alaska?
The right to bear arms is a fundamental liberty protected by the Second Amendment of the United States Constitution. However, this right is not absolute, and certain individuals, including felons, are prohibited from owning or possessing firearms under federal and state laws. In Alaska, the issue of whether a felon can own a gun is governed by a complex web of federal and state regulations.
Federal Laws
Prior to 1968, there were no federal laws prohibiting felons from owning firearms. However, following the assassination of Senator Robert F. Kennedy in 1968, Congress passed the Gun Control Act, which made it illegal for felons to possess firearms. The law defined a "felon" as an individual who has been convicted of a crime punishable by a term of imprisonment exceeding one year.
Under federal law, felons are prohibited from owning or possessing firearms, including handguns, rifles, and shotguns. The law also prohibits felons from receiving or possessing ammunition. (18 U.S.C. § 922(g)(1))
State Laws
Alaska, like other states, has its own laws regulating the possession and ownership of firearms. Alaska Statute § 11.61.210 makes it a class A misdemeanor for a felon to possess a firearm or ammunition. The statute defines a "felon" as an individual who has been convicted of a crime punishable by a term of imprisonment exceeding one year, or an individual who has been convicted of a felony in another state or country.
State vs. Federal Law
In Alaska, the state law is broader than the federal law, as it prohibits felons from possessing firearms and ammunition, while the federal law only prohibits the possession of firearms. (State v. Smith, 746 P.2d 1311 (Alaska Ct. App. 1987)) However, the federal law takes precedence over state law, and a felon can be prosecuted under federal law for possessing a firearm.
Consequences of Possession
If a felon is found to be in possession of a firearm or ammunition in Alaska, the consequences can be severe. A conviction under Alaska Statute § 11.61.210 can result in a fine of up to $10,000 and/or imprisonment for up to one year. In addition, the felon can be prohibited from possessing firearms and ammunition for a period of five years to life.
Restoration of Rights
In Alaska, a felon can apply for restoration of their right to possess firearms and ammunition under Alaska Statute § 12.55.100. The statute provides that a felon can have their rights restored if they have been free from conviction for a period of five years and have not been charged with a felony or any other crime punishable by imprisonment.
Table: Rights Restoration Process
| Step | Requirements |
|---|---|
| 1. Eligibility | Felon must have been free from conviction for five years |
| 2. Application | Felon must submit an application to the court |
| 3. Background Check | Court must conduct a background check |
| 4. Hearing | Court may hold a hearing to consider the application |
| 5. Restoration | Court may grant restoration of rights if all requirements are met |
Conclusion
In conclusion, a felon cannot own a gun in Alaska under either federal or state law. The possession of firearms and ammunition by felons is a serious offense that can result in severe consequences. While a felon may be able to apply for restoration of their rights, this process is complex and subject to various requirements and procedures. It is essential for individuals who have been convicted of a felony to understand the laws and regulations surrounding the possession of firearms in Alaska.
