Alaska Laws Relating to Workplace Violence

A summary of Alaska laws relating to weapons and conduct that impact workplace violence.

In Alaska it is unlawful to:

• knowingly possess a deadly weapon, other than an ordinary pocket knife or defensive weapon, that is concealed on the person
• knowingly possess a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises
• for an unemancipated minor under 16 years of age, possess a firearm without the consent of a parent or guardian of the minor
• knowingly possess a firearm within the grounds of or on a parking lot immediately adjacent to a center, other than a private residence, licensed or recognized by the federal government as a child care facility
• possess or transport a switchblade or a gravity knife

However, it is not unlawful to possess a concealed deadly weapon:

• in one's own house, on one's own land (owned or leased)
• while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection
• if one is the holder of a valid permit to carry a concealed handgun, the weapon concealed was a handgun and the possession did not occur in a municipality or established village in which the possession of concealed handguns is prohibited; or on one's own business premises (owned or leased) or on one's business premises in the course of employment for the owner or lessee of those premises.

The prohibitions do not apply to peace officers acting within the scope and authority of their employment.

The state, a municipality, or a person may not adopt or enforce a law, ordinance, policy, or rule that prohibits or has the effect of prohibiting an individual from possessing a firearm while that individual is within a motor vehicle or prohibiting an individual from storing a firearm that is locked in the individual's motor vehicle while the motor vehicle is otherwise legally parked in or on state or municipal property or another person's property. This rule applies only to possession of a firearm by an individual who may legally possess a firearm under state and federal law.

An employer or its agent may prohibit the possession of firearms within a secured restricted access area, in a vehicle owned, leased, or rented by the employer or its agent or in a parking lot owned or controlled by the employer within 300 feet of the secured restricted access area that does not include common areas of ingress and egress open to the general public. The employer or its agent is required to post conspicuous notice of the prohibition against possession of firearms at each entrance to the restricted access area and affected parking area.

In Alaska a person who is justified in using nondeadly force in self-defense under the law may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against death, serious physical injury, kidnapping, except for what is described as custodial interference in the first degree, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, or robbery in any degree.

A person may not use deadly force if the person knows that, with complete personal safety and with complete personal safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is on premises:

• that the person owns or leases
• where the person resides
• as a guest or agent of the owner, lessor, or resident
• a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer
• in a building where the person works in the ordinary course of the person's employment
• protecting a child or a member of the person's household