Alaska Statutes

Alaska Stat. § 11.61.200 (2026)

Misconduct involving weapons in the third degree

✓ current as of July 2026

Find cases: SyfertCases citing this section AK-LEGakleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Sec. 11.61.200. Misconduct involving weapons in the third degree.
(a) A person commits the crime of misconduct involving weapons in the third degree if the person
     (1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory;

     (2) knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory;

     (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon;

     (4) knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body;

     (5) removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable;

     (6) possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable;

     (7) violates AS 11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body;

     (8) violates AS 11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued or filed under AS 18.66.100 — 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;

     (9) communicates in person with another in violation of AS 11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;

     (10) resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located; or

     (11) discharges a firearm from a propelled vehicle while the vehicle is being operated in circumstances other than described in AS 11.61.190(a)(2).

     (12) [Repealed, § 2 ch 100 SLA 2010.]
(b) The provisions of
     (1) (a)(1) of this section do not apply to a person if
          (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction;

          (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or

          (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(1) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory;

     (2) (a)(2) or (10) of this section do not apply to a person if
          (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction;

          (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or

          (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the violation of (a)(2) or (10) of this section, and the prior conviction did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory.

(c) It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act).

(d) It is an affirmative defense to a prosecution under (a)(11) of this section that the person was using a firearm while hunting, trapping, or fishing in a manner not prohibited by statute or regulation.

(e) The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.

(f) [Repealed, § 2 ch 100 SLA 2010.]
(g) [Repealed, § 2 ch 100 SLA 2010.]
(h) As used in this section,
     (1) “prohibited weapon” means any
          (A) explosive, incendiary, or noxious gas
                (i) mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death;

                (ii) rocket, other than an emergency flare, having a propellant charge of more than four ounces;

                (iii) bomb; or

                (iv) grenade;

          (B) device designed, made, or adapted to muffle the report of a firearm;

          (C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or

          (D) rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches;

     (2) “unconditional discharge” has the meaning ascribed to it in AS 12.55.185.

(i) Misconduct involving weapons in the third degree is a class C felony.

Notes of Decisions

Cited in 101 cases (12 in the last 5 years), 1980–2026 · leading case: Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999).

Sort: Relevance Newest Treatment

Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). · cites it 46× “The single issue presented in these two consolidated appeals is whether these two appellants were "convicted of a felony" for purposes of AS 11.61.200(a)(1) (felon in possession of a concealable firearm) when they possessed a concealable firearm after they had been found guilty…”

Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). · cites it 4× “For example, AS 11.61.200 (misconduct involving weapons in the third degree) punishes a person "who knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony," but provides an affirmative defense to prosecution if "the…”

Morgan v. State, 943 P.2d 1208 (Alaska Ct. App. 1997). · cites it 19× “Clarence Morgan appeals his conviction for third-degree misconduct involving weapons, AS 11.61.200(a). Morgan was convicted under subsection (a)(10) of the statute, which prohibits a convicted felon from residing in a dwelling when the felon knows that there is a concealable…”

State v. McLaughlin, 860 P.2d 1270 (Alaska Ct. App. 1993). · cites it 10× “NOTES [1] As originally enacted, AS 11.61.200 defined the offense of misconduct involving weapons in the first degree; the offense was a class C felony.”

Jay Isaac Hollis v. Loretta Lynch, 827 F.3d 436 (5th Cir. 2016). “See Alaska Stat. § 11.61.200 ; Ariz. Rev. Stat.”

United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “a court of another carry punishment of up to a year in prison (MD, 2 Alaska Alaska Stat. § 11.61.200 state or territory " MS, OH, OK, UT) Statute includes felonies from other states that "Any person who has been convicted of a felony carry punishment of up to a year in prison…”

Wilson v. State, 207 P.3d 565 (Alaska Ct. App. 2009). · cites it 6× “Why we conclude that AS 11.61.200(a)(1) does not violate article I, section 19 of the Alaska Constitution The thrust of Wilson's argument is that the statute prohibiting a felon from possessing a concealable firearm violates article I, section 19 of the Alaska Constitution…”

Clark v. State, 739 P.2d 777 (Alaska Ct. App. 1987). · cites it 4× “AS 11.61.200(a)(1). He was charged with knowingly possessing a concealable firearm after having been convicted of a felony.”

Carlson v. State, 128 P.3d 197 (Alaska Ct. App. 2006). · cites it 2× “48 Given the record in Carlson's case, and given Judge Hopwood's findings, we can not say that a composite sentence of 47 years to serve is clearly mistaken.”

Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). · cites it 2× “[3] AS 11.61.200(a)(6). [4] See Hawley v. State, 614 P.”

Turney v. State, 936 P.2d 533 (Alaska 1997). · cites it 2× “Merle Hall was to be tried under AS 11.61.200(a)(1), which prohibits convicted felons from knowingly possessing a concealable weapon.”

McCracken v. State, 743 P.2d 382 (Alaska Ct. App. 1987). · cites it 5× “1986), this court stated that in order to show a violation of AS 11.61.200(a)(1), the prosecution needed to prove the following: 1) the defendant was aware of or recklessly disregarded the fact that he had been convicted of a felony; 2) the defendant knew that he possessed a…”

Show all 101 citing cases →

— Alaska Stat. § 11.61.200(G) — 1 case

Griffin v. State, 9 P.3d 301 (Alaska Ct. App. 2000).

— Alaska Stat. § 11.61.200(a) — 8 cases

Wortham v. State, 689 P.2d 1133 (Alaska Ct. App. 1984).

State v. Tinsley, 928 P.2d 1220 (Alaska Ct. App. 1996).

Morgan v. State, 943 P.2d 1208 (Alaska Ct. App. 1997). “Clarence Morgan appeals his conviction for third-degree misconduct involving weapons, AS 11.61.200(a). Morgan was convicted under subsection (a)(10) of the statute, which prohibits a convicted felon from residing in a dwelling when the felon knows that there is a concealable…”

Baker v. State, 22 P.3d 493 (Alaska Ct. App. 2001).

Shaw v. State, 673 P.2d 781 (Alaska Ct. App. 1983).

— Alaska Stat. § 11.61.200(a)(1) — 71 cases

Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). “The single issue presented in these two consolidated appeals is whether these two appellants were "convicted of a felony" for purposes of AS 11.61.200(a)(1) (felon in possession of a concealable firearm) when they possessed a concealable firearm after they had been found guilty…”

Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “For example, AS 11.61.200 (misconduct involving weapons in the third degree) punishes a person "who knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony," but provides an affirmative defense to prosecution if "the…”

Wilson v. State, 207 P.3d 565 (Alaska Ct. App. 2009). “Why we conclude that AS 11.61.200(a)(1) does not violate article I, section 19 of the Alaska Constitution The thrust of Wilson's argument is that the statute prohibiting a felon from possessing a concealable firearm violates article I, section 19 of the Alaska Constitution…”

Clark v. State, 739 P.2d 777 (Alaska Ct. App. 1987). “AS 11.61.200(a)(1). He was charged with knowingly possessing a concealable firearm after having been convicted of a felony.”

Turney v. State, 936 P.2d 533 (Alaska 1997). “Merle Hall was to be tried under AS 11.61.200(a)(1), which prohibits convicted felons from knowingly possessing a concealable weapon.”

— Alaska Stat. § 11.61.200(a)(10) — 3 cases

Morgan v. State, 943 P.2d 1208 (Alaska Ct. App. 1997). “Clarence Morgan appeals his conviction for third-degree misconduct involving weapons, AS 11.61.200(a). Morgan was convicted under subsection (a)(10) of the statute, which prohibits a convicted felon from residing in a dwelling when the felon knows that there is a concealable…”

Barber v. State, 386 P.3d 1254 (Alaska Ct. App. 2016).

Murray v. State, 12 P.3d 784 (Alaska Ct. App. 2000).

— Alaska Stat. § 11.61.200(a)(11) — 1 case

Smith v. State, 28 P.3d 323 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.61.200(a)(12) — 2 cases

Farmer v. State, Dep't of Law, Off. of the Attorney Gen., 235 P.3d 1012 (Alaska 2010).

Gabrielle v. State, Dep't of Pub. Saf., 158 P.3d 813 (Alaska 2007).

— Alaska Stat. § 11.61.200(a)(3) — 5 cases

State v. Weaver, 736 P.2d 781 (Alaska Ct. App. 1987).

Moore v. State, 895 P.2d 507 (Alaska Ct. App. 1995).

Townsel v. State, 763 P.2d 1353 (Alaska Ct. App. 1988).

Jacobson v. State, 786 P.2d 388 (Alaska Ct. App. 1990).

State v. Strange, 785 P.2d 563 (Alaska Ct. App. 1990).

— Alaska Stat. § 11.61.200(a)(6) — 1 case

Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). “[3] AS 11.61.200(a)(6). [4] See Hawley v. State, 614 P.”

— Alaska Stat. § 11.61.200(a)(7) — 1 case

Dickie v. State, 282 P.3d 382 (Alaska Ct. App. 2012).

— Alaska Stat. § 11.61.200(a)(9) — 1 case

Liddicoat v. State, 268 P.3d 355 (Alaska Ct. App. 2011).

— Alaska Stat. § 11.61.200(b) — 2 cases

McCracken v. State, 743 P.2d 382 (Alaska Ct. App. 1987). “1986), this court stated that in order to show a violation of AS 11.61.200(a)(1), the prosecution needed to prove the following: 1) the defendant was aware of or recklessly disregarded the fact that he had been convicted of a felony; 2) the defendant knew that he possessed a…”

Berg v. State, 711 P.2d 553 (Alaska Ct. App. 1985).

— Alaska Stat. § 11.61.200(b)(1) — 1 case

Humphrey v. The U.S. Fed. Bureau of Investigations (D. Alaska 2023).

— Alaska Stat. § 11.61.200(b)(1)(A) — 1 case

Gabrielle v. State, Dep't of Pub. Saf., 158 P.3d 813 (Alaska 2007).

— Alaska Stat. § 11.61.200(b)(1)(B) — 1 case

Humphrey v. The U.S. Fed. Bureau of Investigations (D. Alaska 2023).

— Alaska Stat. § 11.61.200(b)(1)(C) — 1 case

Humphrey v. The U.S. Fed. Bureau of Investigations (D. Alaska 2023).

— Alaska Stat. § 11.61.200(b)(3) — 1 case

Simmons v. State, 899 P.2d 931 (Alaska Ct. App. 1995).

— Alaska Stat. § 11.61.200(e)(1)(D) — 2 cases

State v. Weaver, 736 P.2d 781 (Alaska Ct. App. 1987).

State v. Strange, 785 P.2d 563 (Alaska Ct. App. 1990).

— Alaska Stat. § 11.61.200(f) — 2 cases

State v. McLaughlin, 860 P.2d 1270 (Alaska Ct. App. 1993). “NOTES [1] As originally enacted, AS 11.61.200 defined the offense of misconduct involving weapons in the first degree; the offense was a class C felony.”

Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992).

— Alaska Stat. § 11.61.200(g) — 2 cases

Morgan v. State, 943 P.2d 1208 (Alaska Ct. App. 1997). “Clarence Morgan appeals his conviction for third-degree misconduct involving weapons, AS 11.61.200(a). Morgan was convicted under subsection (a)(10) of the statute, which prohibits a convicted felon from residing in a dwelling when the felon knows that there is a concealable…”

Gabrielle v. State, Dep't of Pub. Saf., 158 P.3d 813 (Alaska 2007).

— Alaska Stat. § 11.61.200(g)(2) — 1 case

Gabrielle v. State, Dep't of Pub. Saf., 158 P.3d 813 (Alaska 2007).

— Alaska Stat. § 11.61.200(g)(2)(A) — 1 case

Gabrielle v. State, Dep't of Pub. Saf., 158 P.3d 813 (Alaska 2007).

— Alaska Stat. § 11.61.200(i) — 1 case

Carlson v. State, 128 P.3d 197 (Alaska Ct. App. 2006). “48 Given the record in Carlson's case, and given Judge Hopwood's findings, we can not say that a composite sentence of 47 years to serve is clearly mistaken.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

Alaska Statutes Home | Search Alaska | Find cases citing this section | syfert.com