Alaska Statutes
Alaska Stat. § 11.61.195 (2026)
Misconduct involving weapons in the second degree
✓ current as of July 2026
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Sec. 11.61.195. Misconduct involving weapons in the second degree.
(a) A person commits the crime of misconduct involving weapons in the second degree if the person knowingly
(1) possesses a firearm during the commission of an offense under AS 11.71.010 — 11.71.040;
(2) violates AS 11.61.200(a)(1) and is within the grounds of or on a parking lot immediately adjacent to
(A) a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer; or
(B) an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children; or
(3) discharges a firearm at or in the direction of
(A) a building with reckless disregard for a risk of physical injury to a person; or
(B) a dwelling.
(b) Misconduct involving weapons in the second degree is a class B felony.
(a) A person commits the crime of misconduct involving weapons in the second degree if the person knowingly
(1) possesses a firearm during the commission of an offense under AS 11.71.010 — 11.71.040;
(2) violates AS 11.61.200(a)(1) and is within the grounds of or on a parking lot immediately adjacent to
(A) a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer; or
(B) an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children; or
(3) discharges a firearm at or in the direction of
(A) a building with reckless disregard for a risk of physical injury to a person; or
(B) a dwelling.
(b) Misconduct involving weapons in the second degree is a class B felony.
Notes of Decisions
Cited in 23
cases (5 in the last 5 years), 1993–2025 · leading case: Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999).
Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). “[2] AS 11.61.195. [3] AS 11.61.200(a)(6). [4] See Hawley v.”
United States v. Lopez, 514 U.S. 549 (1995). “, Alaska Stat. Ann. §§ 11.61.195 (a)(2)(A), 11.”
Murray v. State, 54 P.3d 821 (Alaska Ct. App. 2002). “State, [9] we stated that AS 11.61.195(a)(1) "requires proof of a nexus between a defendant's possession of the firearm and the defendant's commission of the felony drug offense.”
Pedersen v. Blythe, 292 P.3d 182 (Alaska 2012). “AS 11.61.195(a)(3)(B). . AS 11.61.210(a)(2).”
Barber v. State, 386 P.3d 1254 (Alaska Ct. App. 2016). “” This conviction was based on the shots that Barber fired at the Bettencourts’ truck as it headed out of the driveway and away from the Hornaman residence. On appeal, Barber argues that both the grand jury evidence and the trial evidence were insufficient to support this charge.”
Murray v. State, 12 P.3d 784 (Alaska Ct. App. 2000). “Murray shall have thirty days from the transmission of those findings to submit a supplemental memorandum addressing Judge Card's decision. The State shall then have thirty days to submit its supplemental memorandum.”
Lewis v. State, 9 P.3d 1028 (Alaska Ct. App. 2000). “Lewis argues that we must reverse his convictions for possession of a firearm during the commission of a felony drug offense (AS 11.61.195(a)(1)). In Col *1038 lins v.”
State v. McLaughlin, 860 P.2d 1270 (Alaska Ct. App. 1993). “by adding two new and more serious forms of misconduct involving weapons, one a class A felony that was designated as misconduct involving weapons in the first degree (AS 11.”
Hutton v. State, 350 P.3d 793 (Alaska 2015). “discharges a firearm from a propelled vehicle while the vehicle is being operated and under circumstances manifesting substantial and unjustifiable risk of physical injury to a person or damage to property.”
Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[10] We concluded that "AS 11.61.195(a)(1) requires proof of a nexus between a defendant's possession of the firearm and the defendant's commission of the felony drug offense.”
West v. State, 223 P.3d 634 (Alaska Ct. App. 2010). “The defendant in Collins was convicted of second-degree weapons misconduct, AS 11.61.195(a)(1), for possessing a firearm during the commission of a felony drug offense.”
John William McKelvey III v. State of Alaska, 474 P.3d 16 (Alaska Ct. App. 2020). “040(a)(2), (a)(3)(F), (a)(3)(G), & (a)(5) (2012), and AS 11.61.195(a)(1), respectively. –3– 2675 expectation of privacy in the semi-opaque greenhouse.”
— Alaska Stat. § 11.61.195(a)(1) — 12 cases
Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). “[2] AS 11.61.195. [3] AS 11.61.200(a)(6). [4] See Hawley v.”
Murray v. State, 54 P.3d 821 (Alaska Ct. App. 2002). “State, [9] we stated that AS 11.61.195(a)(1) "requires proof of a nexus between a defendant's possession of the firearm and the defendant's commission of the felony drug offense.”
Lewis v. State, 9 P.3d 1028 (Alaska Ct. App. 2000). “Lewis argues that we must reverse his convictions for possession of a firearm during the commission of a felony drug offense (AS 11.61.195(a)(1)). In Col *1038 lins v.”
Murray v. State, 12 P.3d 784 (Alaska Ct. App. 2000). “Murray shall have thirty days from the transmission of those findings to submit a supplemental memorandum addressing Judge Card's decision. The State shall then have thirty days to submit its supplemental memorandum.”
Maness v. State, 49 P.3d 1128 (Alaska Ct. App. 2002). “[10] We concluded that "AS 11.61.195(a)(1) requires proof of a nexus between a defendant's possession of the firearm and the defendant's commission of the felony drug offense.”
— Alaska Stat. § 11.61.195(a)(3) — 1 case
Hutton v. State, 350 P.3d 793 (Alaska 2015). “discharges a firearm from a propelled vehicle while the vehicle is being operated and under circumstances manifesting substantial and unjustifiable risk of physical injury to a person or damage to property.”
— Alaska Stat. § 11.61.195(a)(3)(A) — 1 case
Goldsbury v. State, 342 P.3d 834 (Alaska 2015).
— Alaska Stat. § 11.61.195(a)(3)(B) — 7 cases
Pedersen v. Blythe, 292 P.3d 182 (Alaska 2012). “AS 11.61.195(a)(3)(B). . AS 11.61.210(a)(2).”
Barber v. State, 386 P.3d 1254 (Alaska Ct. App. 2016). “” This conviction was based on the shots that Barber fired at the Bettencourts’ truck as it headed out of the driveway and away from the Hornaman residence. On appeal, Barber argues that both the grand jury evidence and the trial evidence were insufficient to support this charge.”
Jose Miguel Contreras Evangelista v. State of Alaska, 550 P.3d 1086 (Alaska Ct. App. 2024).
Lammar David Burney v. State of Alaska, Jamal Kareem Townsend v. State of Alaska, 563 P.3d 86 (Alaska Ct. App. 2025).
Nick Arthorneal Frankson v. State of Alaska (Alaska Ct. App. 2022).
— Alaska Stat. § 11.61.195(b) — 1 case
Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). “[2] AS 11.61.195. [3] AS 11.61.200(a)(6). [4] See Hawley v.”
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