The Second Amendment to the United States Constitution provides for the right to keep and bear arms, and reads: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Some people believe this language creates a Constitutional, individual right for citizens of the United States to keep and bear arms, and prohibits Congress and state legislatures from prohibiting or restricting the possession of firearms.
Others believe the beginning words ("A well regulated militia being necessary”) indicate the intent of the Amendment was only to restrict Congress from limiting a state’s right to self-defense. This collective rights theory of the Second Amendment holds that citizens do not have an individual right to possess firearms, and that federal, state, and local legislative bodies may regulate the possession of firearms without implicating a Constitutional right.
At the time the First Amendment was ratified, some militia members used their own weapons, and some used weapons from their state’s militia stores.
In Alaska, the Second Amendment of the United States Constitution is upheld, recognizing the right of individuals to keep and bear arms. This interpretation aligns with the individual rights theory, which has been supported by the Supreme Court in decisions such as District of Columbia v. Heller (2008), where it was affirmed that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia. Alaska state statutes reflect a strong tradition of gun ownership and are permissive regarding firearm possession and carry. The state does not require permits for the purchase of firearms, nor does it mandate firearm registration. Additionally, Alaska allows for both open and concealed carry of firearms without the need for a permit for law-abiding citizens over the age of 21. While there is a debate over the collective versus individual rights interpretation of the Second Amendment, current federal law and Alaska state law support the individual's right to keep and bear arms, with few restrictions.