Alaska Statutes

Alaska Stat. § 11.61.220 (2026)

Misconduct involving weapons in the fifth degree

✓ current as of July 2026

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Sec. 11.61.220. Misconduct involving weapons in the fifth degree.
(a) A person commits the crime of misconduct involving weapons in the fifth degree if the person
     (1) is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,
          (A) that is concealed on the person, and, when contacted by a peace officer, the person fails to
                (i) immediately inform the peace officer of that possession; or

                (ii) allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact;

          (B) that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence;

     (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;

     (3) being an unemancipated minor under 16 years of age, possesses a firearm, switchblade, or gravity knife without the consent of a parent or guardian of the minor;

     (4) knowingly possesses a firearm
          (A) within the grounds of or on a parking lot immediately adjacent to 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, except that a person 21 years of age or older may possess an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle;

          (B) within a
                (i) courtroom or office of the Alaska Court System; or

                (ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or

          (C) within a domestic violence or sexual assault shelter that receives funding from the state;

     (5) [Repealed, § 7 ch 54 SLA 2013.]
     (6) is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person.

(b) In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was
     (1) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or

     (2) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.

(c) The provisions of (a)(2) and (4) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.

(d) In a prosecution under (a)(2) of this section, it is
     (1) an affirmative defense that
          (A) [Repealed, § 7 ch 62 SLA 2003.]
          (B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and

          (C) the possession occurred at a place covered by a restaurant or eating place license under AS 04.09.210, seasonal restaurant or eating place tourism license under AS 04.09.360, or restaurant endorsement under AS 04.09.450 and the defendant did not consume intoxicating liquor at the place;

     (2) a defense that the defendant, at the time of possession, was on business premises
          (A) owned by or leased by the defendant; or

          (B) in the course of the defendant's employment for the owner or lessee of those premises.

(e) For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; a deadly weapon on a person is not concealed if it is an unloaded firearm encased in a closed container designed for transporting firearms.

(f) For purposes of (a)(2) and (e) of this section, a firearm is loaded if the
     (1) firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge; and

     (2) chamber, magazine, clip, or cylinder is installed in or on the firearm.

(g) The provisions of (a)(1) and (6) of this section do not apply to a
     (1) peace officer of this state or a municipality of this state acting within the scope and authority of the officer's employment;

     (2) peace officer employed by another state or a political subdivision of another state who, at the time of the possession, is
          (A) certified as a peace officer by the other state; and

          (B) acting within the scope and authority of the officer's employment; or

     (3) police officer of this state or a police officer or chief administrative officer of a municipality of this state; in this paragraph, “police officer” and “chief administrative officer” have the meanings given in AS 18.65.290.

(h) In a prosecution
     (1) under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court;

     (2) under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the administrator of the shelter to possess the firearm.

(i) In (a)(1) of this section, “contacted by a peace officer” means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.

(j) Misconduct involving weapons in the fifth degree is a class B misdemeanor.

Notes of Decisions

Cited in 26 cases (5 in the last 5 years), 1982–2024 · leading case: De Nardo v. State, 819 P.2d 903 (Alaska Ct. App. 1991).

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De Nardo v. State, 819 P.2d 903 (Alaska Ct. App. 1991). · cites it 12× “-220(e): For purposes of [AS 11.61.220], a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or…”

United States v. Shaquille Robinson, 846 F.3d 694 (4th Cir. 2017). · cites it 2× “, Alaska Stat. § 11.61.220 ; La. Stat. § 40:1379.”

Blake J. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. Philip Kaufman John Does 1-10 & Alexa J., 554 P.3d 430 (Alaska 2024). “050(a) (setting drinking age at 21); AS 11.61.220(a)(3) (criminalizing possession of firearms by minors under 16); AS 25.”

Mustafoski v. State, 867 P.2d 824 (Alaska Ct. App. 1994). · cites it 2× “-030(a)(1), and third-degree misconduct involving weapons (carrying a concealed firearm), AS 11.61.220(a)(1). We uphold the validity of the search warrant issued for Musta- *826 foski’s residence, and we uphold the validity of the indictment against Mustafoski (as it concerns…”

Liddicoat v. State, 268 P.3d 355 (Alaska Ct. App. 2011). · cites it 3× “AS 11.61.220(a)(1)}(A)(). This offense was originally enacted as third-degree weapons misconduct.”

Paige v. State, 115 P.3d 1244 (Alaska Ct. App. 2005). “AS 11.61.220(a)(1). 5 . AS 11.41.510(a)(l)/(2).”

United States v. Shaquille Robinson, 814 F.3d 201 (4th Cir. 2016). “, Alaska Stat. § 11.61.220 ; La. Stat. § 40:1379.”

Clifton v. State, 751 P.2d 27 (Alaska 1988). · cites it 2× “100(a)(1), and misconduct involving weapons in the third degree, AS 11.61.220(a)(1). On appeal, Clifton argues that the trial court allowed the prosecution to impeach a key defense witness with prior convictions obtained more than five years before the trial, in violation of…”

Mustafoski v. State, 954 P.2d 1042 (Alaska Ct. App. 1998). “030(a)(1), and one count of third-degree misconduct involving weapons (felon in possession of a concealable firearm), former AS 11.61.220(a)(1). He appeals his convictions on various grounds.”

Andrew Craig Simpson v. State of Alaska, Andrew Craig Simpson v. State of Alaska, Andrew Craig Simpson v. State of Alaska, 489 P.3d 1181 (Alaska Ct. App. 2021). · cites it 2× “210(a)(1), AS 11.61.220(a)(1)(A), and AS 28.15.291(a)(1), respectively.”

Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “AS 11.61.220(a)(3). A 16- or 17-year-old who marries is considered to have arrived at the age of majority.”

Clifton v. State, 728 P.2d 649 (Alaska Ct. App. 1986). “100(a)(1), and one count of misconduct involving weapons in the third degree, AS 11.61.220(a)(1). Superior Court Judge James A.”

Show all 26 citing cases →

— Alaska Stat. § 11.61.220(a) — 1 case

Cardenas v. State, 435 P.3d 1002 (Alaska Ct. App. 2018).

— Alaska Stat. § 11.61.220(a)(1) — 12 cases

De Nardo v. State, 819 P.2d 903 (Alaska Ct. App. 1991). “-220(e): For purposes of [AS 11.61.220], a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or…”

Mustafoski v. State, 867 P.2d 824 (Alaska Ct. App. 1994). “-030(a)(1), and third-degree misconduct involving weapons (carrying a concealed firearm), AS 11.61.220(a)(1). We uphold the validity of the search warrant issued for Musta- *826 foski’s residence, and we uphold the validity of the indictment against Mustafoski (as it concerns…”

Paige v. State, 115 P.3d 1244 (Alaska Ct. App. 2005). “AS 11.61.220(a)(1). 5 . AS 11.41.510(a)(l)/(2).”

Clifton v. State, 751 P.2d 27 (Alaska 1988). “100(a)(1), and misconduct involving weapons in the third degree, AS 11.61.220(a)(1). On appeal, Clifton argues that the trial court allowed the prosecution to impeach a key defense witness with prior convictions obtained more than five years before the trial, in violation of…”

Mustafoski v. State, 954 P.2d 1042 (Alaska Ct. App. 1998). “030(a)(1), and one count of third-degree misconduct involving weapons (felon in possession of a concealable firearm), former AS 11.61.220(a)(1). He appeals his convictions on various grounds.”

— Alaska Stat. § 11.61.220(a)(1)(A) — 4 cases

Liddicoat v. State, 268 P.3d 355 (Alaska Ct. App. 2011). “AS 11.61.220(a)(1)}(A)(). This offense was originally enacted as third-degree weapons misconduct.”

Andrew Craig Simpson v. State of Alaska, Andrew Craig Simpson v. State of Alaska, Andrew Craig Simpson v. State of Alaska, 489 P.3d 1181 (Alaska Ct. App. 2021). “210(a)(1), AS 11.61.220(a)(1)(A), and AS 28.15.291(a)(1), respectively.”

McGuire v. State, 425 P.3d 203 (Alaska Ct. App. 2018).

James Henry Perozzo v. State of Alaska, 493 P.3d 233 (Alaska Ct. App. 2021).

— Alaska Stat. § 11.61.220(a)(1)(A)(i) — 3 cases

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

Cardenas v. State, 435 P.3d 1002 (Alaska Ct. App. 2018).

— Alaska Stat. § 11.61.220(a)(1)(A)(ii) — 3 cases

Cardenas v. State, 435 P.3d 1002 (Alaska Ct. App. 2018).

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

— Alaska Stat. § 11.61.220(a)(3) — 2 cases

Blake J. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. Philip Kaufman John Does 1-10 & Alexa J., 554 P.3d 430 (Alaska 2024). “050(a) (setting drinking age at 21); AS 11.61.220(a)(3) (criminalizing possession of firearms by minors under 16); AS 25.”

Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “AS 11.61.220(a)(3). A 16- or 17-year-old who marries is considered to have arrived at the age of majority.”

— Alaska Stat. § 11.61.220(a)(6) — 2 cases

Y.J. v. State, 130 P.3d 954 (Alaska Ct. App. 2006).

YJ v. State, 130 P.3d 954 (Alaska Ct. App. 2006).

— Alaska Stat. § 11.61.220(b) — 2 cases

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

— Alaska Stat. § 11.61.220(b)(1) — 1 case

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

— Alaska Stat. § 11.61.220(b)(3) — 1 case

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

— Alaska Stat. § 11.61.220(b)(8) — 1 case

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

— Alaska Stat. § 11.61.220(c) — 2 cases

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

— Alaska Stat. § 11.61.220(e) — 1 case

De Nardo v. State, 819 P.2d 903 (Alaska Ct. App. 1991). “-220(e): For purposes of [AS 11.61.220], a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or…”

— Alaska Stat. § 11.61.220(i) — 2 cases

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

Tyrin Malik Gillis v. State of Alaska (Alaska Ct. App. 2023).

— Alaska Stat. § 11.61.220(j) — 1 case

Pastos v. State, 157 P.3d 1066 (Alaska Ct. App. 2007).

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