Alaska Gun Laws for Felons: Restoration Paths and Penalties

Under Alaska gun laws for felons, the state ban is narrower than most people realize: it reaches only firearms that can be concealed on the person, and for many felonies it lifts automatically after ten offense-free years. Federal law is the opposite. It bans every firearm and every round of ammunition for life. Anyone relying on the Alaska rule without accounting for the federal one is one traffic stop away from a federal prosecution.

What Alaska Prohibits

AS 11.61.200 makes it a crime for a person convicted of a felony to knowingly possess “a firearm capable of being concealed on one’s person.”¹ In practical terms, that means handguns. Standard rifles and shotguns are outside the state prohibition.

The state ban also has an expiration date for many people. If your felony was not a crime against a person under AS 11.41 (assault, murder, robbery, sexual assault, kidnapping, and similar offenses), the prohibition lifts automatically once ten years have passed since your unconditional discharge from probation or parole. No paperwork, no court order.¹ Unconditional discharge means the full sentence, including probation and parole, is complete with nothing outstanding. The ten-year clock starts from that date.

If the underlying felony was a crime against a person, the state ban is permanent. Lifting it requires a governor’s pardon or a court-ordered set-aside of the conviction.

What Federal Law Prohibits

Federal law does not care whether a firearm is concealable. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is barred from possessing, transporting, or receiving any firearm or ammunition.² Rifles, shotguns, handguns, and every cartridge in the house are covered.

There is no automatic ten-year restoration under federal law. There is no distinction between violent and nonviolent felonies. The rule applies whether the conviction came from an Alaska court, another state, or a federal court.

This is the trap. A felon whose Alaska handgun prohibition expired ten years ago can still be prosecuted federally for possessing that same handgun, or a hunting rifle Alaska never banned in the first place.

When State Restoration Lifts the Federal Ban

Federal law contains a narrow opening. Under 18 U.S.C. § 921(a)(20), a felony conviction does not count as a disqualifying conviction if the person has received a pardon, had the conviction expunged, or had civil rights restored, so long as that pardon or restoration does not expressly restrict the right to possess firearms.³

The details matter. A pardon or restoration that returns civil rights broadly, without carving out firearms, can lift the federal ban. A partial restoration, one that returns voting rights but says nothing about firearms, generally does not.

In Alaska, voting rights restore automatically upon unconditional discharge.⁴ That single restoration, on its own, is not enough to meet the federal standard. Anyone whose state handgun ban has expired and who can now vote still needs a lawyer to look at the whole picture before assuming federal law has released them.

Paths to Restoring Firearm Rights

The Ten-Year Automatic Restoration

For felonies that were not crimes against a person, Alaska restores the right to possess concealable firearms ten years after unconditional discharge, with no application required.¹ By itself, this does nothing to the federal ban.

Governor’s Pardon

A governor’s pardon, if issued without firearms restrictions, is the tool most likely to satisfy both Alaska and federal requirements. Before clemency issues, the Board of Parole receives notice and has 120 days to investigate and report, and victims of the original offense may submit written comments.⁵ Pardons are rare, and the governor’s decision is final. For someone with a permanent state ban from a person crime, this is one of the only options.

Set-Aside of the Conviction

If a court gave you a suspended imposition of sentence and later discharged you without imposing sentence, the court may set aside the conviction.⁶ AS 11.61.200 lists a set-aside as an exception to the state firearm prohibition.¹ Whether it also satisfies 18 U.S.C. § 921(a)(20) turns on whether it qualifies as an expungement that leaves firearm rights alone, which is a case-specific question.

Federal Relief Under 925(c)

For decades, the federal application process for firearm rights restoration under 18 U.S.C. § 925(c) has been unavailable because Congress defunded the ATF’s ability to process individual petitions starting in 1992. The Department of Justice has announced it is developing a web-based application to process 925(c) petitions.⁷ As of early 2026 the application is not live and depends on a final rule being published.

Domestic Violence Misdemeanors Are Not an Exception

A misdemeanor domestic violence assault conviction triggers a lifetime firearm ban even though it is not a felony. Federally, 18 U.S.C. § 922(g)(9) bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition.⁸ The Alaska Department of Public Safety treats a domestic violence assault misdemeanor as a lifetime prohibition on firearms and ammunition, liftable only by a state or presidential pardon that does not restrict firearm rights.⁹ Other misdemeanor convictions in Alaska do not trigger firearm prohibitions.

Out-of-State Convictions and Restorations

Alaska applies its firearm rules to felony convictions from any jurisdiction. If the out-of-state offense was equivalent to an AS 11.41 crime against a person, the state ban is permanent here. Otherwise, the ten-year automatic restoration applies once unconditional discharge is ten years in the past.¹⁰

Alaska does not recognize firearm rights restorations from other states. A certificate or court order that restored gun rights elsewhere carries no weight in Alaska. Alaska does recognize pardons from other state governors, but only pardons.¹⁰ Someone moving to Alaska with restored rights from another state should reassess their status here under both Alaska and federal law.

Living in a Home Where Someone Else Owns Guns

You do not have to hold a firearm to be charged with possessing it. Constructive possession means that if you know a firearm is in your home and have the ability to access or control it, prosecutors can charge possession without ever placing the gun in your hand.

This is the everyday problem for felons who live with a spouse, partner, or roommate who lawfully owns guns. A firearm in a shared closet or an unlocked nightstand creates real exposure. A gun in a safe can still be a problem if you have any means to open it.

If you share a home with a firearm owner, several layers of separation help:

Storage in a safe or locked container that you have no key, code, or combination for.
Storage in a room you do not regularly use, rather than a shared bedroom.
Written records establishing that the other person is the sole owner of every firearm in the home.

None of this is a guarantee. A prosecutor can still argue you could have gained access. But documented separation makes the defense far stronger. The safest option is a home with no firearms in it.

Antique Firearms and Muzzleloaders

Federal law excludes antique firearms from the definition of “firearm,” so the federal felon-in-possession ban does not reach them. An antique firearm is one manufactured in or before 1898, a replica that does not use modern ammunition, or a muzzleloader designed for black powder that cannot accept fixed ammunition.³

Alaska’s statute is less clear. AS 11.61.200 prohibits felons from possessing any firearm capable of being concealed on the person, with no explicit carve-out for antiques or muzzleloaders.¹ A concealable black powder pistol could fall within the state ban even though federal law would leave it alone. Get a case-specific opinion before assuming any antique is safe to own.

Penalties If You Get It Wrong

Under Alaska law, unlawful possession of a concealable firearm by a felon is a class C felony under AS 11.61.200.¹ A class C felony carries up to five years in prison and a fine of up to $50,000.¹¹ The court may order forfeiture of any deadly weapon in the defendant’s actual possession during the offense, and forfeiture is mandatory in domestic violence cases.¹²

Federal penalties are heavier. A conviction under 18 U.S.C. § 922(g) draws serious prison time, and under the Armed Career Criminal Act a defendant with three or more prior convictions for violent felonies or serious drug offenses faces a mandatory minimum of 15 years.¹³ U.S. Sentencing Commission data for fiscal year 2024 put the average sentence for all felon-in-possession cases at 71 months, and the average for defendants sentenced under the Armed Career Criminal Act at 199 months.¹⁴

State and federal prosecutions are not mutually exclusive. A single act of possession can be charged in both systems, and federal sentences run independently of state ones. Before buying, accepting, or moving in with a firearm, get a lawyer who works in firearms law to check your conviction history against both the Alaska statute and the federal one. The two rules do not line up, and the gap between them is where people go to prison.

1
Justia. Alaska Statutes 11.61.200 – Misconduct Involving Weapons in the Third Degree
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
Office of the Law Revision Counsel. 18 USC 921 – Definitions
4
Alaska Division of Elections. Restoration of Voting Rights
5
Justia. Alaska Statutes 33.20.080 – Required Notices and Investigation
6
Justia. Alaska Statutes 12.55.085 – Suspending Imposition of Sentence
7
U.S. Department of Justice. Federal Firearm Rights Restoration
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
Alaska Department of Public Safety. Firearms Frequently Asked Questions
10
Alaska Department of Public Safety. Frequently Asked Questions – Firearms and Ammunition
11
Justia. Alaska Statutes 12.55.035 – Fines
12
Justia. Alaska Statutes 12.55.015 – Authorized Sentences; Forfeiture
13
Office of the Law Revision Counsel. 18 USC 924 – Penalties
14
United States Sentencing Commission. Section 922(g) Firearms