Alaska Statutes
Alaska Stat. § 11.61.210 (2026)
Misconduct involving weapons in the fourth degree
✓ current as of July 2026
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Sec. 11.61.210. Misconduct involving weapons in the fourth degree.
(a) A person commits the crime of misconduct involving weapons in the fourth degree if the person
(1) possesses on the person, or in the interior of a vehicle in which the person is present, a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or a controlled substance into the person's body in circumstances other than described in AS 11.61.200(a)(7);
(2) discharges a firearm from, on, or across a highway;
(3) discharges a firearm with reckless disregard for a risk of damage to property or a risk of physical injury to a person under circumstances other than those described in AS 11.61.195(a)(3)(A);
(4) manufactures, possesses, transports, sells, or transfers metal knuckles;
(5) sells or transfers a switchblade or a gravity knife to a person under 18 years of age without the prior written consent of the person's parent or guardian;
(6) knowingly sells a firearm or a defensive weapon to a person under 18 years of age;
(7) other than a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a person 21 years of age or older may possess
(A) a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle;
(B) a defensive weapon;
(C) an unloaded firearm if the person is traversing school premises in a rural area for the purpose of entering public or private land that is open to hunting and the school board with jurisdiction over the school premises has elected to have this exemption apply to the school premises; in this subparagraph, “rural” means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or
(8) being a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a student may possess a deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student has obtained the prior permission of the chief administrative officer of the school or district or the designee of the chief administrative officer for the possession.
(b) [Repealed, § 4 ch 63 SLA 1990.]
(c) The provisions of (a)(7) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
(d) Misconduct involving weapons in the fourth degree is a class A misdemeanor.
(a) A person commits the crime of misconduct involving weapons in the fourth degree if the person
(1) possesses on the person, or in the interior of a vehicle in which the person is present, a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or a controlled substance into the person's body in circumstances other than described in AS 11.61.200(a)(7);
(2) discharges a firearm from, on, or across a highway;
(3) discharges a firearm with reckless disregard for a risk of damage to property or a risk of physical injury to a person under circumstances other than those described in AS 11.61.195(a)(3)(A);
(4) manufactures, possesses, transports, sells, or transfers metal knuckles;
(5) sells or transfers a switchblade or a gravity knife to a person under 18 years of age without the prior written consent of the person's parent or guardian;
(6) knowingly sells a firearm or a defensive weapon to a person under 18 years of age;
(7) other than a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a person 21 years of age or older may possess
(A) a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle;
(B) a defensive weapon;
(C) an unloaded firearm if the person is traversing school premises in a rural area for the purpose of entering public or private land that is open to hunting and the school board with jurisdiction over the school premises has elected to have this exemption apply to the school premises; in this subparagraph, “rural” means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or
(8) being a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a student may possess a deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student has obtained the prior permission of the chief administrative officer of the school or district or the designee of the chief administrative officer for the possession.
(b) [Repealed, § 4 ch 63 SLA 1990.]
(c) The provisions of (a)(7) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
(d) Misconduct involving weapons in the fourth degree is a class A misdemeanor.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1982–2024 · leading case: Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016).
Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016). “5 AS 11.61.210(a)(1). –5– 2507 competent to stand trial, and she ordered a competency evaluation.”
Rocky Mountain Gun Owners v. Polis, 121 F.4th 96 (10th Cir. 2024). “9 9 We recognize that the following statutory schemes are complex and may include various exceptions, but the categories below are designed to provide a general overview of each jurisdiction’s minimum purchase age(s).”
Pedersen v. Blythe, 292 P.3d 182 (Alaska 2012). “AS 11.61.210(a)(2). . AS 11.41.220(a)(1)(A).”
Leonard v. State, 655 P.2d 766 (Alaska Ct. App. 1982). “Leonard was convicted of two counts of misconduct involving weapons in the second degree, AS 11.61.210 (Counts I and III) and two counts of criminal mischief in the third degree, AS 11.”
Dyer v. State, 666 P.2d 438 (Alaska Ct. App. 1983). “Pending Charges About twenty-one months after the Dyer incident, Seimears was charged with two criminal violations: AS 11.61.210(a)(1) (class A misdemeanor; misconduct involving weapons in the second degree, to wit: knowingly possessing a shotgun while intoxicated); and former…”
Noyakuk v. State, 127 P.3d 856 (Alaska Ct. App. 2006). “AS 11.61.210(a)(1). 4 . Federal courts: See United States v.”
Kinnish v. State, 777 P.2d 1179 (Alaska Ct. App. 1989). “200 (misconduct involving weapons in the first degree); AS 11.61.210 (misconduct *1181 involving weapons in the second degree); AS 11.”
Brockway v. State, 37 P.3d 427 (Alaska Ct. App. 2001). “AS 11.61.210(a)(1). 4 . AS 28.35.030(a), (n).”
Alfred v. State, 758 P.2d 130 (Alaska Ct. App. 1988). “AS 11.61.210(a)(1), (3). Wassillie L. Gregory pled no contest to a charge of assault in the fourth degree for threatening someone with a knife.”
Gibson v. State, 930 P.2d 1300 (Alaska Ct. App. 1997). “Newcomb and Gibson were convicted of violating AS 11.61.210(a)(1), which provides in relevant part: (a) A person commits the crime of misconduct involving weapons in the fourth degree if the person (1) possesses on the person .”
State v. Jeske, 823 P.2d 6 (Alaska Ct. App. 1991). “-220(a)(1) and AS 11.61.210(a)(1). The superior court dismissed these charges because it ruled that Jeske had not been brought to trial within the time limits of Alaska Criminal Rule 45.”
Blake v. State, 763 P.2d 511 (Alaska Ct. App. 1988). “789(a); and misconduct involving weapons in the second degree, AS 11.61.210(a)(1). For misconduct involving weapons, Blake was sentenced to thirty days with twenty days suspended, anu fined $2,000 with $1,000 suspended.”
— Alaska Stat. § 11.61.210(a)(1) — 18 cases
Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016). “5 AS 11.61.210(a)(1). –5– 2507 competent to stand trial, and she ordered a competency evaluation.”
Dyer v. State, 666 P.2d 438 (Alaska Ct. App. 1983). “Pending Charges About twenty-one months after the Dyer incident, Seimears was charged with two criminal violations: AS 11.61.210(a)(1) (class A misdemeanor; misconduct involving weapons in the second degree, to wit: knowingly possessing a shotgun while intoxicated); and former…”
Noyakuk v. State, 127 P.3d 856 (Alaska Ct. App. 2006). “AS 11.61.210(a)(1). 4 . Federal courts: See United States v.”
Brockway v. State, 37 P.3d 427 (Alaska Ct. App. 2001). “AS 11.61.210(a)(1). 4 . AS 28.35.030(a), (n).”
Alfred v. State, 758 P.2d 130 (Alaska Ct. App. 1988). “AS 11.61.210(a)(1), (3). Wassillie L. Gregory pled no contest to a charge of assault in the fourth degree for threatening someone with a knife.”
— Alaska Stat. § 11.61.210(a)(2) — 1 case
Pedersen v. Blythe, 292 P.3d 182 (Alaska 2012). “AS 11.61.210(a)(2). . AS 11.41.220(a)(1)(A).”
— Alaska Stat. § 11.61.210(a)(3) — 1 case
Leonard v. State, 655 P.2d 766 (Alaska Ct. App. 1982). “Leonard was convicted of two counts of misconduct involving weapons in the second degree, AS 11.61.210 (Counts I and III) and two counts of criminal mischief in the third degree, AS 11.”
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