Last month I wrote about suppressors and told you most Alaskans were not affected by a federal court ruling in Texas. That was true then. Not true after yesterday, and the change has still left Alaska in a legal mess we need to fix.
On October 9, ATF Director Robert Cekada signed a letter announcing that the federal government would no longer require approval or registration to make or transfer suppressors, short-barreled rifles, short-barreled shotguns, or what federal law calls “any other weapon.” No Form 4, no fingerprints, no photographs, and no months of waiting.
The original court ruling only protected those who sued. The U.S. Attorney General has now extended that treatment nationwide by directing federal authorities not to enforce those old requirements. The Justice Department had already told Congress it would not appeal the decision. Machine guns are not included and still require the full federal process. Background checks and Form 4473 are also still required when buying from a licensed dealer.
So, 92 years of federal paperwork went away. For most Americans, which is good news, but it still creates a problem for Alaskans.
Alaska law continues to list suppressors as prohibited weapons, and possession can be charged as a class C felony. The defense written into our law depends on following federal registration rules. We never wrote our own standard. We simply borrowed Washington’s.
A dealer in Wasilla could sell a suppressor today without federal registration, and the sale would follow the new federal policy. The buyer, however, could walk out the door facing a felony under Alaska law because the paperwork that once gave him a defense is no longer required.
ATF addressed this in questions and answers published with its announcement. Asked whether states could still prosecute people who possess unregistered items under the new policy, the agency told readers to check with state authorities. It would not say whether its own policy satisfies state law.
A federal court order binds ATF, and the Justice Department policy governs federal enforcement. Neither changes Alaska law nor stops a state prosecutor from filing charges.
ATF is still accepting voluntary registrations. Nobody has to register under the new federal policy, but an Alaskan may still need that paperwork to claim the defense in our state law. We may be one of the few states where the safest course is to send Washington paperwork that Washington no longer wants. That’s pretty nonsensical if you ask me.
We need to do two things.
First, the Alaska Department of Law needs to act now. We don’t need to wait for a legislative session in January. The Firearms Policy Coalition has already asked Acting Alaska Attorney General Cori Mills to direct state prosecutors not to pursue charges under a law that depends on federal registration, which the federal government has stopped enforcing. That is a reasonable request. Our State Troopers, prosecutors, and the people they serve deserve a clear answer about what is legal in Alaska.
Second, the Legislature needs to fix the statute.
ALASKA WATCHMAN DIRECT TO YOUR INBOX
Senator Scott Kawasaki introduced SB 243 last session to remove suppressors from Alaska’s prohibited-weapons list. Senators Tilton, Bjorkman, Myers, Cronk, and Rauscher signed on with him. A Fairbanks Democrat carrying a gun bill with five Republicans behind him tells you how partisan this issue really is – not very.
SB 243 passed State Affairs on May 1 with no cost to the state, then sat in Judiciary until the session ended. It wasn’t defeated. It simply never got called.
When we return to Juneau in January, we should pass that bill and include short-barreled rifles and shotguns. Bombs, grenades, and machine guns can stay right where they are in statute. I am not suggesting otherwise.
We need to make this change regardless of what Washington does next. The October 9th letter was an enforcement decision, not a change in federal law and another administration could reverse it with another letter. Alaska should not leave its citizens’ rights hanging on whoever happens to be running ATF.
Alaska has allowed hunting with suppressors for years. They protect hearing and cut noise, yet our criminal code still treats possession as a felony unless the federal registration defense applies. We never fixed that contradiction because the federal paperwork gave people a way around it. Now that paperwork is gone.
In September, I wrote that a few words in Alaska law created this problem and a few words could solve it. I still believe that. What changed is that waiting now puts law-abiding Alaskans at risk of criminal charges.
Washington let go. Alaska hasn’t yet. Let’s do it in January.
The views of the author are his own and represent no other person or entity, including the State of Alaska. Nothing here is legal advice.
