Concealing a Firearm Under 21?
This is an email we received this week:
“My 19 year old daughter took your class a while back and we were extremely happy with it. Tonight, while she was out jogging, I received this text from her.”Help! Creepy guy won’t leave.” My first thought was fear. My second thought was, “She has her gun and knows how to defend herself!” (She made sure I knew she had it before she left home.) My husband got in the car and was there picking her up within three minutes. She was fine, although a bit uneasy, and the “creepy guy” was still walking by her side. (He had come up jogging from behind, and when she stopped to walk, he did also, keeping pace with her) But my point is this- She could have defended herself, she was prepared, and we all knew she had her gun and your training.
Thank you for that peace of mind. Sincerely…”
I am glad things turned out but was this girl breaking the law in Alaska, being only 19 and concealing a firearm? She certainly is not the only person under age 21 that we have trained. In fact, we have a class designed for kids ages 13-17, teaching them how to use a firearm to defend themselves. Why are we probably the only training company in Alaska teaching youth to carry a firearm and how to use it to defend themselves? Because in this great State it is an affirmative defense for those under age 21 to conceal a firearm if they are “actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.” (AS 11.61.220.)
An affirmative defense is a justification for the defendant having committed the accused crime. Self-defense is actually an affirmative defense or justification for committing a crime. You are breaking the law to use lethal force for self-defense but you have justification for doing it. The same way, it is committing a crime for someone under 21 to conceal a firearm but there is justification for committing the crime. It is justified when one is participating in lawful hunting, fishing, trapping or other lawful outdoor activity that may involve carrying a weapon for personal protection.
Do to the nature of Alaska, our firearm laws are actually very forgiving and you could almost make a case that ANY outdoor activity in Alaska involves carrying a gun for personal protection.
In conclusion, it is a crime in Alaska for someone under 21 to conceal a firearm. However, the crime is justified if you are legally hunting, fishing, trapping or participating in any legal outdoor activity that may warrant a firearm for personal protection. I think jogging in Alaska is certainly a legal outdoor activity that involves a gun for personal protection. I NEVER exercise out of doors in Alaska without my firearm. With that being said, if you have not been properly trained to use your firearm under stress, carrying it with you only gives you a false sense of security. Firearm training can give you true PEACE OF MIND with a firearm and I don’t believe anyone should carry a firearm without it. Remember, even though a permit is not required to conceal in Alaska, if you choose to carry, you are responsible for knowing all the State laws about firearms.
MAJORITY ARMS FIREARM TRAINING
BTW: I am not an attorney, the opinions given on this blog are mine alone and should not be relied on as legal advice
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