Alaska AG Says Legislature Must Act to Fix Conflict With State Law and NFA Ruling

Though the ATF has said that it will no longer require suppressors, short-barreled firearms, and “any other weapons” to be registered under the National Firearms Act as a result of a federal injunction, some states have their own restrictions on NFA items in place that might conflict with the ATF’s decision. 

First, there are states like California that have outright bans on some or all NFA items. Other states require residents to be in accordance with federal law, which raises questions now that the law has been enjoined for some, while the ATF and DOJ have determined it will not enforce those statutes against those individuals not covered by the injunction. 

Alaska, which was one of the states challenging the NFA’s registration rules in the Jensen and Silencer Shop litigation, has a law in place that prohibits possession of certain weapons, but also provides an affirmative defense for people who comply with applicable federal registration requirements. Now, Alaska Attorney General Cori Mills says the legislature needs to step in and address the issue, since there are no more federal registration requirements at the moment. 

ATF will continue processing voluntary registration applications because some states, including Alaska, have laws tied to federal registration. Its guidance expressly leaves state restrictions in place.

But the Department of Law says keeping voluntary registration available does not settle the broader question of how Alaska’s prohibition should operate under the changed federal framework.

“While a win for the Second Amendment, the court case and the ATF’s guidance adds a level of confusion for many Alaskans who want access to these firearms but don’t see the legal way forward in ownership under existing law,” Mills said.

“The proper place for this to be resolved is in the State Legislature and I’m asking the next legislature to look at this issue, and the Department of Law stands ready to assist.”

The Law Department said it will carefully evaluate potential cases under the affected provision, considering the court decision, federal guidance, and constitutional issues.

“In the meantime, our department is asking law enforcement to work closely with state prosecutors before filing any charges as the state of the law is in flux,” Mills said.

The easiest fix for lawmakers would be to simply rewrite that statute so that there are no state-level restrictions on suppressors, short-barreled rifles, and shotguns, and AOWs. That should be relatively straightforward, and it should also be one of the top priorities for legislators when the 2027 session kicks off on January 19. 

Making, possessing, transporting, selling or transferring an NFA item not registered under federal law is a class C felony in Alaska, punishable by up to five years in prison and a potential fine of $50,000, so there could be serious consequences for any FFL or buyer who engages in a transfer and pops up on the radar of a zealous prosecutor. 

It seems like Mills is trying to do what she can to help out Alaskan gun owners in the meantime, but given the conflict with state law and the ATF’s enforcement policy, my guess is that most gun shops are going to play it safe and hold off on transferring any items covered under new policy until there is clear guidance that what they’re doing doesn’t conflict with state law. 

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