Alaska has a statutory stand your ground law that removes the duty to retreat before using force in self-defense. Here are the key aspects of Alaska’s stand your ground law:
Legal Basis
Alaska’s stand your ground law is codified in Alaska Statutes Section 11.81.335. This law justifies the use of deadly force in self-defense under certain circumstances.
Key Provisions
- No Duty to Retreat: A person has no obligation to retreat before using deadly force if they are in a place where they have a right to be.
- Justified Use of Force: The law allows the use of force, including deadly force, if a person reasonably believes it is necessary to defend against death, serious bodily injury, or certain violent crimes.
- Extended Protection: Alaska’s law also extends the stand your ground principle to certain justified uses of force in defense of property and premises under Section 11.81.350.
Scope of Application
- The law applies to any place where a person has a legal right to be, not just their home or property.
- It covers situations both in public spaces and private property.
Comparison to Other States
- Alaska is one of 38 states with stand your ground laws as of 2025.
- The state adopted its stand your ground law in 2013, following the trend set by Florida in 2005.
Controversies and Concerns
- Critics argue that stand your ground laws may lead to increased violence and misuse of the self-defense claim.
- A 2020 RAND Corporation review found evidence suggesting that stand your ground laws are associated with increases in firearm homicides and total homicides.
Alaska’s stand your ground law represents a significant shift from the traditional “duty to retreat” doctrine, providing broader legal protection for those who use force in self-defense situations.
Sources
- https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/
- https://tacticalgear.com/experts/stand-your-ground-law-all-50-states-reviewed
- https://www.joshfinklaw.com/blog/2022/01/what-is-alaskas-self-defense-law/
- https://www.rand.org/research/gun-policy/analysis/stand-your-ground.html
