Overview of Alaska Knife Laws
Knife laws in Alaska are relatively liberal, especially in comparison to many other states. No permit is required to own a knife, and there are no restrictions on blade length, concealed carry, or open carry. Knives of any type or design, including dirks, daggers, stilettos, nunchaku, or throwing stars may be possessed by persons of any age.
Facilitating a Class C felony: Alaska generally prohibits possessing or selling the tools that facilitate a Class C felony. The typical penalties for possessing the tools are up to a year in jail and/or a $10,000 fine. However, there is an exception in the law for a dagger, dirk, or stiletto carried openly upon the person. Alaska Statute 11.61.220 explains. A person commits the crime of possession of a concealed deadly weapon if the person carries a dirk, dagger, stiletto, or other knife designed for the purpose of inflicting serious injury or death to another person, on their person in a concealed manner.
A concealed knife is defined as "a knife with a blade with a length of less than 3 1/2 inches that is carried on a person having it concealed from ordinary observation . " Therefore, while knives of any type may be openly carried with or without a concealed carry license, some knives may not be carried in any other manner.
Switchblades: Alaska permits the possession of switchblades, but limits their sale. Unless you’re a government entity such as a military base or a police department, the law prohibits the sale of switchblades with blades longer than one-and-a-half inches. The penalty for violating the switchblade ban is up to a year in jail and/or a $25,000 fine.
Dirk, dagger, stiletto, or other knife designed for the purpose of inflicting serious injury or death to another person: Alaska regulates the possession of this type of knife. The penalty for possession without a concealed carry license is up to a year in jail and/or a $10,000 fine. Note that the wording of the law seems to indicate that any knife can fall under this law, since the reference starts with a list of combat knives, but broadens to "other knife designed for the purpose of inflicting serious injury or death to another person." Accordingly, it could be argued and clarified in court or through the legislature that all knives, including common pocket knives, fall under this more stringent rule.
Types of Knives and Legal Restrictions
Alaska regulates several categories of knives, just like the majority of other states. Knives are typically split into two general groups: large knives and small knives. Both come with their own restrictions under Alaska law.
Large knives include switchblades, daggers, double-edged swords, and disguised knives. Switchblade knives are prohibited completely in Alaska. Specifically, under Article 11.61.220(b) of Alaska Code, it is illegal for an individual to "possess with intent to use, give, or sell, a switchblade knife." Daggers are generally defined as a knife with a blade that penetrates at least one-third of an inch into the handle.
Some jurisdictions in Alaska have prohibited folding knives, but these ordinances do not apply to the entire state. Folding knives are knives with a blade that folds into the handle when not in use. Some folding knives are prohibited under certain city ordinances because of how they can be used for concealed carry.
Most knives that fall under the small knife category of prohibited knives are illegal to carry concealed, but not illegal to possess. Folding knives, dirks, stilettos, and any similar types of knives fit into the category of small knives prohibited under Alaska law. Some of the knives that fall under the "small knife" category are illegal at all times under Alaska law.
Throwing knives, including knives that are designed for throwing, are illegal, according to Article 11.61.220(c) of Alaska Code. However, according to the case of Hodge v. State, a throwing knife that is intended for use as a dagger is still legal to use and keep. Bowie knives are also prohibited under Alaska law, and they have the same restrictions as daggers.
Concealed Carry of Knives in Alaska
Concealed carry of knives in the state of Alaska is permitted, without restriction. Statutes governing the lawful carrying of knives do not include a prohibition on the concealed carry of such weapons, and the statutes providing for an exception to the general rule against concealed carry of deadly weapons simply do not include knives or other slicing weapons (axes, hatchets, swords, etc.) within their purview. See AS 11.61.220(a)(4) ("Concealed deadly weapons. A person commits the offense of concealing a deadly weapon in circumstances not described in (1) – (5) of this section if the person carries a concealed, deadly weapon on the person’s private property, including the area of private property immediately adjacent to the area of privately owned real estate or dwelling units thereon, or in a building, or other property, owned, leased, or legally occupied by the person, and, without first having secured the express permission of the rightful possessor of the premises, knowingly fails to accurately identify the nature of the weapon when asked by a peace officer.")
"Deadly weapons" are defined under AS 11.81.900(b)(11) as "any firearm, or any implement for striking, cutting, stabbing, or bludgeoning, including ammunition for the implement, that is capable of inflicting death or serious physical injury, except an implement designed solely and specifically for the purpose of self-defense or defense of another." While this definition might suggest that knives are covered under the deadly weapon prohibition, the reference to "specifically" is limiting. If knives are implicitly included, it is only by way of analogy. And AS 11.61.220(a)(6) removes any doubt, by referencing "any explosive, incendiary or radioactive bomb, grenade, missile, or similar device" in hushed company with "bludgeons, metal knuckles, or other dangerous instruments; … or switch-blades or other knives designed for ease of concealment and carried concealed on the person."
Regardless, there is no permitting scheme, registration, or other limitation on the concealed carry of knives in Alaska, or any other knife possession restrictions such as age or type, in so far as we can tell. A compelling case could be made for the principle that knives are not weapons at all in Alaska (excepting some exotic analogies), and even lethal knives are not deadly weapons per se, but this is not the interpretation courts have adopted elsewhere, leaving murky the duty to retreat, and other legal principles, in potential self-defense cases. See RH WARREN, The Law Hunter: Self-Defense by deadly force with deadly weapons other than firearms is problematic, even in places like Alaska, Shooting Sports Magazine (Jan./Feb., 2010). This is the GAO’s initial attempt at, and a teaser for, an all-in-one guide to carrying knives in all fifty states.
Knife Use and Self-Defense Laws
According to Alaska law, using a knife is just like using any other weapon when it comes to self-defense. Basically, if you are in a position where you could be harmed in a location that you have the right to be, you have the right to use a knife or any other object to defend yourself.
The key to legally defending yourself with a knife in Alaska is a "reasonable belief" that it is necessary to use the knife to protect yourself in an imminent attack. Basically, you must "reasonably believe" that your body is in harm’s way and you must avoid the confrontation in the first place.
But, if you have tried to avoid a confrontation and still find yourself in a situation where you could be seriously injured or killed and using a knife is the only military-grade or police-grade weapon you have on your person, then you have no other choice but to go along with what you have. You have the right to use any object or weapon to defend yourself from an attack against your person.
That said, it is up to the judge to decide whether or not what you did was reasonable. In other words, it is basically at the judge’s discretion whether or not your actions in defense of yourself warranted that kind of action.
When you are found to have used a knife to defend yourself against an imminent attack against your person, you are covered under Alaska self-defense laws.
Knife Laws for Minors
Most laws regarding minors and knives relate to the legal issues surrounding antisocial behavior. The line where a kid does something with a knife that is "just playing around" or "fooling around" to "being serious" is fairly hard to discern and is almost always dependent on personal judgment. Accordingly, most laws regarding minors and knives relate to whether a minor possesses or sells them. Alaska has a few notable laws in this area. Alaska Statute 11.61.210 states that "a person under 16 years of age shall not possess a dangerous weapon outdoors." Presumably "outdoors" means outdoors of the home or abode. Note: This entire section was added to the statute in 2007 and has not been extended to young women.
More interestingly, Section 11.61.220 states:
Section 11.61.220. Parent or Guardian Crimes
Except as provided in AS 11.51.140 (setting a fire), a parent or guardian of a minor or a person having physical control of a minor four years of age or older commits the crime of endangering the welfare of a minor in the second degree if he or she knowingly
- (1) allows the minor to be present in or on a house, apartment, or other structure, or an enclosed or partially enclosed area of a building or structure, that he or she owns, rents, leases, or otherwise occupies or that is otherwise within the control of the owner, occupant, or property manager of the premises, in violation of AS 11.61.220(c);
- (2) dispenses, sells, places on school property, gives away, distributes, or causes to be dispensed, sold, distributed, or given away to a minor in violation of AS 11.61.220(c), or manufactures, compounds, or disposes of substances under circumstances that show disregard for the harm that may result from dispensing, distributing, or disposing in violation of AS 11.61.220(c);
- (3) allows the minor to use or be in control of a handgun, dangerous weapon, or firearm while the minor is in or on a house, apartment, or other structure, positioned on or near a body of water, in violation of AS 11.61.220(d);
- (4) knowingly permits the minor to be present upon premises where possession, use, commerce, or promotion of a controlled substance is unlawful in violation of AS 11.51 . 155;
- (5) knowingly allows the minor to use or be within three years of a firearm designed to expel a projectile by means of an explosive or burning propellant, or within three years of a dangerous weapon, while the minor is within a residence or on residential or commercial property, except on property lawfully possessed, owned, or controlled by the minor’s parent or guardian, and except when it is necessary for the minor child to have access to the weapon for the purpose of obtaining the safety instruction or supervision from the minor’s parent or guardian necessary to comply with (i) (A) the mandatory education requirements of AS 14.30.065; (B) the mandated education requirements of 18 U.S.C. 922(z)(4); or (C) AS 14.30.176 (firearm safety education requirement); or
- (6) allows the minor, at a gathering with a group of people, where alcohol is consumed, to carry or possess a firearm, dangerous weapon, or firearm while the minor has an alcoholic beverage in his or her hand.
A person commits the crime of endangering the welfare of a minor in the second degree if the person, being a parent or guardian of a minor or a person having physical control of a minor four years of age or older, knowingly
- (1) provides endangered substances to the minor;
- (2) directs a minor to use, or knowingly helps a minor use, an endangered substance; or
- (3) knowingly permits a minor to use an endangered substance to or in contact with the minor’s body;
(a) with intent to cause serious injury to health or bodily injury;
(b) with intent to seriously endanger or impair the growth, development, mental condition, or physical condition of the minor;
(c) with intent to violate AS 11.51.140; or
(d) under circumstances that create a
(1) high risk that the substance, use or exposure will cause death or serious injury to health; or
(2) substantial risk that the substance, use or exposure will cause injury to health, growth, development, or mental or physical condition.
As used in this subsection, "endangered substance" means a substance that is a firearm, dangerous weapon, or firearm, at a gathering with a group of people where alcoholic beverages are being consumed or offered for consumption in a manner that may endanger the health, growth, development, mental condition, or physical condition of the minor.
The takeaway is that in Alaska, the law often presumes young children or minors are vulnerable, and as such, parental oversight of their conduct is required.
Transporting Knives Across State Lines
In addition to state laws regarding carrying and owning knives, there are also regulations that come into effect when transporting knives across state lines. These laws can be particularly relevant for those who enjoy activities such as hunting or camping that may require interstate travel.
When traveling with knives between states, it is important to be aware of both Alaska state law and federal regulations. The general rule of thumb is that knives can be legally transported in checked luggage on commercial airlines, but they cannot usually be carried on in carry-on bags. While Alaska state laws do not prevent the transportation of knives across state lines, any knives that are defined as deadly weapons under Alaska law would be illegal to have on school or university grounds and in various other government buildings.
Every state has its own laws regarding the possession and carry of knives, so it is vital to know the local laws of each state you may visit. If you are traveling from a state where concealed carrying knives is prohibited to Alaska where it is allowed, passing through a third state with knife carry restrictions may put you at risk for arrest. It is best to do some research in advance and know what to expect, even if only passing through an airport.
If you plan to travel out of the country and return to Alaska, the laws of the destination country also apply. Some countries have very strict knife laws – if you are caught carrying a knife that is not allowed, it could result in fines, arrest, or imprisonment. Therefore, you should consider any international travels you are planning and review the laws of your destination before venturing forth with knives or swords, even those that have legal status in your home state of Alaska.
Penalties for Violating Alaska Knife Laws
Violating knife laws in Alaska may result in exposure to both jail time and fines. While Alaska’s knife requirements are relatively lax, at least compared to some other states, failure to follow Alaska knife law could still land you in hot water; especially where use or intent to use a knife for purposes beyond self-defense are involved.
Most likely, the first time you risk offense is in violating AS 11.61.210, the "third-degree assault" provision of the Alaska Penal Code. This offense occurs when an individual knowingly causes physical injury to another individual. AS 11.81.250(d)(7) specifically states that a person is guilty of this offense if, "under circumstances not amounting to recklessness as defined in (a), (b), or (c) of this section, using a dangerous instrument, the person causes physical injury to another person."
The violation is a Class A misdemeanor, punishable by up to five (5) years’ imprisonment and a fine of up to $10,000.
This offense aside, it is also a crime to carry a "concealed deadly weapon" (read: knife) if that weapon is defined as an illegal knife under Alaska’s knife law. Under AS 11.61.220(b), the statute meant to punish concealed carrying of illegal knives, any person who carries a concealed deadly weapon is guilty of a Class A misdemeanor.
If found guilty of this crime, a person is subject to a fine of up to $10,000 and a maximum jail sentence of one (1) year.
Alaska’s knife law is found in section 11.61.220 and its subsections. Section (a) prohibits the carrying of a concealed deadly weapon. Section (b) makes it a class A misdemeanor for a person to carry a dirk knife, bowie knife, dagger, or other dangerous knife for the purpose of unlawful activity. Both subsections have only one exception – that is a person may carry a concealed deadly weapon or a dirk knife, bowie knife, or dagger (i.e. a "dangerous knife") in their "place of business or on other land possessed by him."
As such, for an individual found guilty of a violation of Alaska’s knife law, they face both significant criminal and civil penalties.
Resources and Legal Assistance
For further information on Alaska knife laws, readers may consult the following resources:
Legal Aid: Alaska Supports and Defends Your Rights
AK Statutes, Chapter 11, Article 225 Discussion of deadly weapon offenses
Alaska Knife Rights Page
Alaska Knife Laws Page: Knife Up
Knife Rights Foundation’s State Knife Laws Pages: Alaska
Read Law for Police Officers, Seasoned Lawyers, and Interns
Attorney’s at Frost & Beck: Unlawful Weapons in Alaska
Okay, padlocking knives to shoes for concealed carry . You gotta see this.
Bail Bond Agent info
They are also a good source for attorney’s in the area who may be able to help you if you are in need of legal assistance.
Consult with an attorney before taking any action that could result in a criminal charge against you related to knife law in Alaska.