National Carry AcademySupplemental Information
September 11, 2015
Federal laws can apply within the state if they receive money under certain federal programs.
Visit the US Code for specific laws that apply during emergencies.
Loaded firearm definition:
AS 11.61.220. Misconduct Involving Weapons in the Fifth Degree.
(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.
State Emergency Powers:
AS 26.23.020. The Governor and Disaster Emergencies. (Edited for Space Considerations)
(a) The governor is responsible for meeting the dangers presented by disasters to the state and its people.
(b) The governor may issue orders, proclamations, and regulations necessary to carry out the purposes of this chapter, and amend or rescind them. These orders, proclamations, and regulations have the force of law.
(c) If the governor finds that a disaster has occurred or that a disaster is imminent or threatened, the governor shall, by proclamation, declare a condition of disaster emergency. The disaster emergency remains in effect until the governor finds that the danger has passed or the disaster has been dealt with so that the emergency no longer exists. The governor may terminate the disaster emergency by proclamation. A proclamation of disaster emergency may not remain in effect longer than 30 days unless extended by the legislature by a concurrent resolution. The proclamation must indicate the nature of the disaster, the area threatened or affected, and the conditions that have brought it about or that make possible the termination of the disaster emergency. A proclamation to declare a condition of disaster emergency must also state whether the governor proposes to expend state funds to respond to the disaster under (i) or (j) of this section. (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles;
Governor Emergency Powers:
AS 26.20.040. Emergency Powers of the Governor.
(a) In the event of actual enemy or terrorist attack in or against the state, or a credible threat of imminent enemy or terrorist attack, the governor may declare that a state of emergency exists, and, during the period of time that the state of emergency exists or continues, the governor has and may exercise the additional emergency power:
(1) to enforce all laws and regulations relating to homeland security and civil defense and assume direct operational control of all homeland security and civil defense forces and helpers in the state;
(2) to seize, take, or condemn property if, and only to the extent that, the governor determines that the property is needed for the protection of the public, including (A) transportation and communication equipment, except newspapers and news services; (B) fuel; (C) food, clothing, equipment, materials, medicines, and supplies; and (D) facilities including buildings and plants;
(3) to sell, lend, give, or distribute the fuel, food, clothing, medicines, and supplies among the inhabitants of the state and account to the commissioner of revenue for funds received for the property; (4) to make compensation for the property seized, taken, or condemned on the basis described in AS 26.20.045;
(5) to suspend the provisions of a regulatory statute prescribing procedures for the conduct of state business or the order or regulation of a state agency if compliance with the provisions of the statute, order, or regulation would prevent, or substantially impede or delay, action necessary to cope with the emergency;
(6) to use all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the emergency;
(7) to transfer personnel or alter the functions of state departments and agencies or units of them for the purpose of responding to or facilitating the response to the emergency;
(8) to perform and exercise other functions, powers, and duties that are considered necessary to promote and secure the safety and protection of the civilian population. (b) A state of emergency declared under (a) of this section may not remain in effect longer than 30 days unless extended by the legislature by law and may be terminated by law or withdrawal of the declaration. (c) In this section, “credible threat of imminent enemy or terrorist attack” means a threat of attack against persons or property in the state that the adjutant general of the department or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from a local, state, federal, or international agency, or another source that the adjutant general or the designee of the adjutant general, in conjunction with the commissioner of public safety or a designee of the commissioner of public safety, determines is reliable.
Traffic Control Statutes:
AS 26.20.100. Traffic Control.
In coordination with the Department of Public Safety and the Department of Transportation and Public Facilities, the department may:
(1) formulate and execute plans and regulations for the control of traffic for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and materials for homeland security and civil defense; and
(2) establish and operate checkpoints along private or public roadways serving critical property or facilities in the state, at the direction of the governor when the governor determines that a sufficiently high threat of enemy or terrorist attack exists to warrant the action; the checkpoints established under this paragraph may be in conjunction with closure of the roadway under AS 19.10.100 ; operation of a checkpoint shall include the posting of checkpoint signs in a manner that provides advance notice of the checkpoint so that persons are afforded a reasonable opportunity to turn around without passing through the checkpoint; operation of a checkpoint shall be limited to enforcement of the roadway closure or reasonable inspection of persons and vehicles passing through the checkpoint for weapons, explosives, chemicals, biological or biochemical agents, or other instruments capable of causing widespread severe injury to persons or property; however, at a checkpoint authorized under this paragraph, a person is entitled to retain possession of an amount of deadly weapons or defensive weapons that is reasonably justifiable for the person’s lawful use, so long as those weapons are not prohibited weapons; in this paragraph, “deadly weapon” and “defensive weapon” have the meanings given in AS 11.81.900 (b), and “prohibited weapon” has the meaning given in AS 11.61.200
Supplemental Information
September 11, 2015
Federal laws can apply within the state if they receive money under certain federal programs.
Visit the US Code for specific laws that apply during emergencies.
Loaded firearm definition:
AS 11.61.220. Misconduct Involving Weapons in the Fifth Degree.
(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.
State Emergency Powers:
AS 26.23.020. The Governor and Disaster Emergencies. (Edited for Space Considerations)
(a) The governor is responsible for meeting the dangers presented by disasters to the state and its people.
(b) The governor may issue orders, proclamations, and regulations necessary to carry out the purposes of this chapter, and amend or rescind them. These orders, proclamations, and regulations have the force of law.
(c) If the governor finds that a disaster has occurred or that a disaster is imminent or threatened, the governor shall, by proclamation, declare a condition of disaster emergency. The disaster emergency remains in effect until the governor finds that the danger has passed or the disaster has been dealt with so that the emergency no longer exists. The governor may terminate the disaster emergency by proclamation. A proclamation of disaster emergency may not remain in effect longer than 30 days unless extended by the legislature by a concurrent resolution. The proclamation must indicate the nature of the disaster, the area threatened or affected, and the conditions that have brought it about or that make possible the termination of the disaster emergency. A proclamation to declare a condition of disaster emergency must also state whether the governor proposes to expend state funds to respond to the disaster under (i) or (j) of this section. (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles;
Governor Emergency Powers:
AS 26.20.040. Emergency Powers of the Governor.
(a) In the event of actual enemy or terrorist attack in or against the state, or a credible threat of imminent enemy or terrorist attack, the governor may declare that a state of emergency exists, and, during the period of time that the state of emergency exists or continues, the governor has and may exercise the additional emergency power:
(1) to enforce all laws and regulations relating to homeland security and civil defense and assume direct operational control of all homeland security and civil defense forces and helpers in the state;
(2) to seize, take, or condemn property if, and only to the extent that, the governor determines that the property is needed for the protection of the public, including (A) transportation and communication equipment, except newspapers and news services; (B) fuel; (C) food, clothing, equipment, materials, medicines, and supplies; and (D) facilities including buildings and plants;
(3) to sell, lend, give, or distribute the fuel, food, clothing, medicines, and supplies among the inhabitants of the state and account to the commissioner of revenue for funds received for the property; (4) to make compensation for the property seized, taken, or condemned on the basis described in AS 26.20.045;
(5) to suspend the provisions of a regulatory statute prescribing procedures for the conduct of state business or the order or regulation of a state agency if compliance with the provisions of the statute, order, or regulation would prevent, or substantially impede or delay, action necessary to cope with the emergency;
(6) to use all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the emergency;
(7) to transfer personnel or alter the functions of state departments and agencies or units of them for the purpose of responding to or facilitating the response to the emergency;
(8) to perform and exercise other functions, powers, and duties that are considered necessary to promote and secure the safety and protection of the civilian population. (b) A state of emergency declared under (a) of this section may not remain in effect longer than 30 days unless extended by the legislature by law and may be terminated by law or withdrawal of the declaration. (c) In this section, “credible threat of imminent enemy or terrorist attack” means a threat of attack against persons or property in the state that the adjutant general of the department or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from a local, state, federal, or international agency, or another source that the adjutant general or the designee of the adjutant general, in conjunction with the commissioner of public safety or a designee of the commissioner of public safety, determines is reliable.
Traffic Control Statutes:
AS 26.20.100. Traffic Control.
In coordination with the Department of Public Safety and the Department of Transportation and Public Facilities, the department may:
(1) formulate and execute plans and regulations for the control of traffic for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and materials for homeland security and civil defense; and
(2) establish and operate checkpoints along private or public roadways serving critical property or facilities in the state, at the direction of the governor when the governor determines that a sufficiently high threat of enemy or terrorist attack exists to warrant the action; the checkpoints established under this paragraph may be in conjunction with closure of the roadway under AS 19.10.100 ; operation of a checkpoint shall include the posting of checkpoint signs in a manner that provides advance notice of the checkpoint so that persons are afforded a reasonable opportunity to turn around without passing through the checkpoint; operation of a checkpoint shall be limited to enforcement of the roadway closure or reasonable inspection of persons and vehicles passing through the checkpoint for weapons, explosives, chemicals, biological or biochemical agents, or other instruments capable of causing widespread severe injury to persons or property; however, at a checkpoint authorized under this paragraph, a person is entitled to retain possession of an amount of deadly weapons or defensive weapons that is reasonably justifiable for the person’s lawful use, so long as those weapons are not prohibited weapons; in this paragraph, “deadly weapon” and “defensive weapon” have the meanings given in AS 11.81.900 (b), and “prohibited weapon” has the meaning given in AS 11.61.200