10/15/2026
Dept of LAW has responded to my letter about protecting your 2A rights in light of the recent ATF changes. As I suspected, state law must be updated and current law repealed.
As always, you have my commitment to protect your second amendment rights.
Acting Alaska Attorney General Cori Mills is asking the next Legislature to address inconsistences between state and federal fi****ms laws following a federal court decision concerning the registration requirements for suppressors, Short-Barreled Ri**es (SBRs) and Short-Barreled Sh****ns (SBSs).
In Silencer Shop Foundation v. Bureau of Alcohol, To***co, Fi****ms and Explosives, a federal court ruled that certain federal registration requirements for these fi****ms and accessories was unconstitutional and could not be enforced against the plaintiffs, including the State of Alaska. The decision was welcomed by supporters of Second Amendment rights. However, it created uncertainty in Alaska because state law links certain criminal-code defenses to federal registration requirements. Legislative clarification is needed. Until then, the Department has asked law enforcement agencies to consult with state prosecutors before filing charges under the affected statute.
“The Second Amendment, and the right to bear arms, must be protected,” said Acting Alaska Attorney General Cori Mills. “The court made the right decision, and we appreciate the court recognizing federal overreach into our Second Amendment rights. 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 fi****ms but don’t see the legal way forward in ownership under existing law. 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. 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.”
On Aug. 5, a United States District Court ruled that certain registration and regulatory requirements of the National Fi****ms Act (NFA), could not be enforced against the plaintiffs in that case. The NFA, enacted in 1934, established federal requirements for certain fi****ms, like SBSs and SBRs, as well as certain accessories, like suppressors. Historically, individuals seeking to purchase or transfer these items were required to pay a $200 federal tax stamp, submit an application for ownership to ATF, and register the item in the National Fi****ms Registration and Transfer Record.
Congress subsequently eliminated the $200 making and transfer taxes for these items through the One Big Beautiful Bill Act, effective January 1, 2026, while leaving the associated registration and approval requirements in place. Alaska joined 14 other states, six businesses and associations, a non-profit, and one individual gun owner, to sue the federal government, challenging those remaining requirements, arguing that Congress no longer had the authority to enforce the regulatory requirements when it eliminated the tax.
The district court agreed with the plaintiffs, and the United States Department of Justice chose not to appeal the decision. Although the court’s ruling applied only to the plaintiffs, ATF subsequently announced that it would no longer enforce the affected approval and registration requirements nationwide. ATF also clarified that it would continue accepting voluntary registrations, recognizing that several states, including Alaska, have laws that reference federal registration requirements.
Under existing state law, possession of certain prohibited weapons remains a criminal offense. However, the statute provides an affirmative defense for individuals who have complied with applicable federal registration requirements. The Federal government’s decision to discontinue enforcement of those requirements, while continuing to accept voluntary registrations, creates uncertainty about how Alaska’s criminal statute should operate going forward. Although voluntary federal registration remains available, it does not resolve the broader inconsistency between the state prohibition and the changed federal regulatory framework.
The Department believes legislative clarification is necessary to provide Alaskans, law enforcement, and prosecutors with clear guidance regarding the lawful possession of these items. Until the Legislature acts, the Department will carefully evaluate any potential prosecutions under the affected statute, taking into account the federal court decision, ATF’s guidance, and applicable constitutional considerations.
