Alabama law on pistols?


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jwood
May 6, 2007, 02:57 PM
:confused: Anyone from Alabama who can help me out here? I was told that even just to carry my pistol to the range, locked in the trunk and unloaded, would require me to have a concealed carry permit, is this for real?

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Jim Watson
May 6, 2007, 03:17 PM
I am from and in Alabama and while state law could be interpreted that way, you are protected by Federal law on the transport of firearms.

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000926---A000-.html

nitesite
May 6, 2007, 03:26 PM
Section 13A-11-73 License to carry pistol in vehicle or concealed on person - Required.

No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided.

(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 175; Acts 1947, No. 616, p. 463, 3; Acts 1951, No. 784, p. 1378; Acts 1956, 2nd Ex. Sess., No. 43, p. 336; Code 1975, 13-6-153.)

Section 13A-11-74 License to carry pistol in vehicle or concealed on person - Exceptions.
The provisions of Section 13A-11-73 shall not apply to marshals, sheriffs, prison and jail wardens and their regularly employed deputies, policemen and other law enforcement officers of any state or political subdivision thereof, or to the members of the army, navy or marine corps of the United States or of the national guard, or to the members of the national guard organized reserves or state guard organizations when on duty or going to or from duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state; provided, that such members are at or are going to or from their places of assembly or target practices, or to officers or employees of the United States duly authorized to carry a pistol, or to any person engaged in manufacturing, repairing or dealing in pistols, or the agent or representative of such person possessing, using, or carrying a pistol in the usual or ordinary course of such business, or to any common carrier, except taxicabs, licensed as a common carrier, or to any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper, from the place of purchase to his home or place of business, or to or from a place of repair or in moving from one place of abode or business to another.

(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 176; Acts 1947, No. 616, p. 463, 4; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-154.)

Section 13A-11-75 License to carry pistol in vehicle or concealed on person - Issuance; term; form; fee; revocation.
The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed. The license shall be in triplicate, in form to be prescribed by the Secretary of State, and shall bear the name, address, description, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall, within seven days, be sent by registered or certified mail to the Director of Public Safety, and the triplicate shall be preserved for six years by the authority issuing the same. The fee for issuing such license shall be one dollar ($1) which shall be paid into the county treasury unless otherwise provided by local law. Prior to issuance of a license, the sheriff shall contact available local, state, and federal criminal history data banks to determine whether possession of a firearm by an applicant would be a violation of state or federal law. The sheriff may revoke a license upon proof that the licensee is not a proper person to be licensed.

(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 177; Acts 1947, No. 616, p. 463, 5; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-155; Act 2006-551, 1.)

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Section 13A-11-50 thru 13A-11-85

nitesite
May 6, 2007, 03:30 PM
Jim Watson made a valid point on the transportation of firearms protected by Federal Law. There is, however, that pesky little detail regarding the actual title of this provision:

926A. Interstate transportation of firearms


Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

My previous post was Alabama Code which I believe addresses the issue(s) of loaded carry or readily accessible firearms.

The Federal provision does have some wording that is (to some) open to interpretation.

But in general it is considered a fairly safe practice if you have it as you described.

Why not just get a pistol permit and save any possible hassles?

Jim Watson
May 6, 2007, 04:35 PM
I know that the heading of the federal law says "interstate" but the body of the test says "any place" to "any other place."

I would not want to have to pay a lawyer to argue the difference in court, though.

But why is that cop looking in your trunk anyhow?

And why do you not have a permit? (Nasty sheriff? Alabama is a MAY issue state.)

Walkalong
May 6, 2007, 09:06 PM
It has always been my understanding that you have to have a permit to carry in the car, but that is word of mouth that we have always just taken for granted.

Nomad, 2nd
May 6, 2007, 09:13 PM
Unloaded, and locked in a case is the way you have to carry it in your car unless you have a CCW..
-Think they were slightly confused.

Don't take my word/memory for it. Check www.packing.org

A AL CCW is SOOO easy to get, $20 and 20 minutes... unless the computer is down:rolleyes:
I used my Military ID for ID and they didn't even ask me to prove I was stationed instate.
Just get one, it'll make things easier and you should have one anyway.

Ala Dan
May 6, 2007, 10:50 PM
In Jefferson County, a six month residency is required and its only
$7.50, but takes a couple of weeks to obtain~! :scrutiny: ;) :D

HeedJSU
May 6, 2007, 10:54 PM
Not in Etowah! LOL

Took me ten minutes. I'm with Jim and Nomad. Save yourself a headache, go get a license.

Justin

WJR
May 8, 2007, 12:17 AM
Seriously, go get a license. Enjoy the fact that you live in a free state.

WJR

LAK Supply
May 8, 2007, 12:44 AM
You could live in ************ where I'm residing at the moment....... have to donate lots of $$ to sheriff's campaign, own a business with a record of large cash deposits (for a RESTRICTED CCW), have an FFL (takes lots of $$ here, and it's still only a RESTRICTED permit), or be LEO. Nearly getting killed during a robbery may also land you a permit, but it's not likely unless you want to go through a lot of BS. This is not the case in all counties here, but it is for most.

As WJR said, get the permit and enjoy the fact that you live in a free state where you still have the right to defend yourself. I won't be allowed to get a permit until I move back to Wyoming. Sucks being a serf.......:fire:

Nomad, 2nd
May 8, 2007, 12:54 AM
In Jefferson County, a six month residency is required and its only
$7.50, but takes a couple of weeks to obtain~

...And they honor a Fl nonresident permit...

wdlsguy
May 8, 2007, 11:51 AM
...And they honor a Fl nonresident permit...
Unless you're a resident of Alabama:

Section 13A-11-85

Reciprocity for licenses issued in other states.

(a) A person licensed to carry a handgun in any state whose laws recognize and give effect in that state to a license issued under the laws of the State of Alabama shall be authorized to carry a handgun in this state. This section shall apply to a licenseholder from another state only while the licenseholder is not a resident of this state. A licenseholder from another state shall carry the handgun in compliance with the laws of this state.

(b) The Attorney General shall periodically publish a list of states which meet the requirements of subsection (a).

(Act 2001-494, p. 862, 1.)

http://www.legislature.state.al.us/CodeofAlabama/1975/13A-11-85.htm

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