david.ross
Regular Member
imported post
Spyder, if the library is city owned... they have NO say to ask you to leave.
Spyder, if the library is city owned... they have NO say to ask you to leave.
carry in to places which serve alcohol is illegal for open and conceal carry, unless you can provide an affirmative defense it was 1) concealed and 2) you did not consume alcohol. You can still go to court over it, just like you can go to court over shooting someone dead in your home for self-defense.Kangaroo, there has been an ongoing debate in this section about whether or not open carry is legal in Alaska in places that serve alcohol for on-premises consumption. This is based on a concealed carry law in the statutes that seems to leave out open carry. For a while, I believed it was not legal, but after careful consideration, considering that I can find no actual statutes stating that it is illegal (which would be required) I have since changed my mind. I will be looking for clarification someday from the Attorney's General Office.
What say you?
Also, there has been some other legal issues pertaining to our state. It seems that the city of Palmer still has restrictions listed on the city website for concealed and apparently open carry as well, which includes the Fairgrounds. It is my understanding that Anchorage may still as well and has signs posted at the Lusaac Library, which is a public Library I believe. It is my legal understanding that Municipal Preemption signed in 2005 overrides these restrictions.
What say you?
The Lusac Library is posted, so I just don't go there. I rarely go to libraries as it is. As mentioned before, if you're open carrying and you're asked to leave, do so, otherwise you'll be charged with trespassing. I usually conceal carry most of the time during the winter, so it's a don't ask don't tell kind of thing for me. The statute regarding the carrying of weapons to me is as clear as day. I am not aware of any municipal restrictions as stated in the statute, municipalities are prohibited from enacting stricter laws.
Places off limits are K-12 schools, bars, courthouses, domestic violence shelters, licensed daycare facilities, and any residence where the person carrying the weapon has not received permission to carry within the home they're about to enter.
If the statute applies to concealed carry, I do not see why it shouldn't apply to open carry as well. If you KNOWINGLY possess a deadly weapon on or in any of the restricted areas, you will be charged for it.
(d) In a prosecution under (a)(2) of this section, it is
(1) an affirmative defense that
(A) [Repealed, Sec. 7 ch 62 SLA 2003].
(B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and
(C) the possession occurred at a place designated as a restaurant for the purposes of AS 04.16.049and the defendant did not consume intoxicating liquor at the place;
The Lusac Library building is owned and operated by the city. And houses many city offices. its not just a library, I would like to see you carry in city hall. I know for a fact there are armed guards and metal detectors in there.The Lusac Library is posted, so I just don't go there. I rarely go to libraries as it is. As mentioned before, if you're open carrying and you're asked to leave, do so, otherwise you'll be charged with trespassing. I usually conceal carry most of the time during the winter, so it's a don't ask don't tell kind of thing for me. The statute regarding the carrying of weapons to me is as clear as day. I am not aware of any municipal restrictions as stated in the statute, municipalities are prohibited from enacting stricter laws.
Places off limits are K-12 schools, bars, courthouses, domestic violence shelters, licensed daycare facilities, and any residence where the person carrying the weapon has not received permission to carry within the home they're about to enter.
If the statute applies to concealed carry, I do not see why it shouldn't apply to open carry as well. If you KNOWINGLY possess a deadly weapon on or in any of the restricted areas, you will be charged for it.
That is the place.My google-fu fails me, where is the web site for Lusac Library? I seen the lexicon site but I didn't see a library named Lusac...
do you mean Loussac Public Library?
edit: ...
I wouldn't but I would like to have at least some clarification on our laws so I can write my represenatives and complain.Why would you want to carry an unloaded firearm? You might as well not be carrying at all. I simply do not go to places that are posted, or don't want me around when I am carrying a gun. I have nothing against open carry, I do it on occasion during the summer on warm sunny days, but CC has its advantages as well. Like I said, I almost never go to libraries, so if I want to read a book, I will go to Barnes & Noble, Title Wave Books, or Borders.
If there is ever a time where I have to or really want to go in a posted business, I usually ignore the signs, they have no legal weight to them, but I do try to avoid them as much as possible.
If there are things in a public building you can't talk about, then we should be filing a FOIA request. This building is created and maintained wih our tax dollars and unless that place is a nerve center for the police department or something, I don't see what the issue is. I worked security in that building many years ago and I don't recall what you may be referring to. Additionally,there is no law against the carriage of firearms in the facility.insane.kangaroo wrote:That is the place.My google-fu fails me, where is the web site for Lusac Library? I seen the lexicon site but I didn't see a library named Lusac...
do you mean Loussac Public Library?
edit: ...
This building is the central control for all the municipality building alarms in anchorage. This is where all the city council members offices are. as well as the council meetings. There is no judicial offices in there I know of. but I have yet to see all the building. There are things there I cant talk about. But nothing that should keep you from being able to carry.
The building is only public access IN THE LIBRARY, if you try to go anywhere else you are no longer covered under the public access clause. Most of the interior doors have mag locks and rfid access control systems. so good luck.
Lets think about People Movers, they are operated by the muni. How can they kick people off the bus for having firearms?
Yes, you're right, it leaves out the open carry of an unloaded firearm. I'm not sure however what a state of loading the firearm would be in if a person carried the loaded magazine on the other side of their person. I've not seen any case law as of yet, though other states had cases in the past, which makes me curious as to what action a case in Alaska would result.
PM on the way.I don't see why not either, but unfortunately there are some people who just don't want armed individuals in their businesses. We have every right to carry, and those who are against the carrying of guns have every right to not allow weapons in their establishments. That is why I take my money elsewhere if I am not welcomed.
Two seconds is all it takes for a scumbag to seriously injure or kill you. If I cannot carry my loaded handgun into a certain place, I do not go there. I like to have my carry gun at the ready, at all times. If you wish to carry a holstered paper weight, go right ahead.
I don't see why not either, but unfortunately there are some people who just don't want armed individuals in their businesses. We have every right to carry, and those who are against the carrying of guns have every right to not allow weapons in their establishments. That is why I take my money elsewhere if I am not welcomed.
Two seconds is all it takes for a scumbag to seriously injure or kill you. If I cannot carry my loaded handgun into a certain place, I do not go there. I like to have my carry gun at the ready, at all times. If you wish to carry a holstered paper weight, go right ahead.
I looked into their rules when I thought I would be heading north much sooner than I thought, and they had clear "no firearms" rules... Which struck me as pretty stupid. The transit agencies did that down here too, until a bunch of us got together and pretty much hammered on 'em.People movers shouldn't be able to, they are covered as part of the city. If they're kicking people off because of firearms, they're opening themselves up to a lawsuit.
I don't see why not either, but unfortunately there are some people who just don't want armed individuals in their businesses. We have every right to carry, and those who are against the carrying of guns have every right to not allow weapons in their establishments. That is why I take my money elsewhere if I am not welcomed.
Two seconds is all it takes for a scumbag to seriously injure or kill you. If I cannot carry my loaded handgun into a certain place, I do not go there. I like to have my carry gun at the ready, at all times. If you wish to carry a holstered paper weight, go right ahead.