Alabama Laws on Concealed Carry


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P95loser
April 10, 2008, 04:13 PM
So, I have been studying the Code of Alabama's State Weapons Law and section 13A of Alabama's State Legislature. I found them both quite informative and feel much better educated about my rights. However, I am still left with a few questions that aren't covered in these documents.

1) Where can I find the legal places I can and cannot carry other than what is printed on my CC permit?
2) Where can I find laws concerning property not owned by me and carrying? (I.E. work, shopping centers, other citizen's property).
3) According to 13A-11-72 (c) and (e), I can lawfully carry concealed on public schools with my permit, are there any other laws or regulations out there that make this illegal?
4) If I carry on a premises that publicly declares a no firearms policy, am I legally obligated to obey their request?
5) I see nowhere in either of these documents any information regarding to open carry. Is it or is it not legal in Alabama?

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claytonfaulkner
April 10, 2008, 04:37 PM
4) legally obligated? i wouldnt say so, if you let them know you are carrying(which should never happen) and they ask you to leave then you are legally obligated to leave or face trespassing charges
5) there is no open carry laws in alabama. in other words, you can only carry a pistol if you have a ccw permit and it must be concealed.

i dont have a permit yet because tuscaloosa county so has a policy against issuing permits to anyone under the age of 19, even though the state of alabama says you can get one at 18

P95loser
April 10, 2008, 05:52 PM
i dont have a permit yet because tuscaloosa county so has a policy against issuing permits to anyone under the age of 19, even though the state of alabama says you can get one at 18

What permit are you referring to? I thought alabama code stated you cannot transfer a handgun to anyone under the age of 18... But you have to be 21 to legally carry conceal (federal requirement?).

tonfa2
April 10, 2008, 06:53 PM
I'm not sure where you got 19 from, but the "Sheriff" in Tuscaloosa doesn't issue pistol permits to anyone under the age of 21.

Winchester 73
April 10, 2008, 07:09 PM
Two websites take:

http://www.opencarry.org
http://www.handgunlaw.us

The Sheriff in Tuscaloosa seems to be in the minority.18 is the rule as it should be.

claytonfaulkner
April 10, 2008, 07:36 PM
ok so i just went to tcsoal.org and it apears they have changed there policy on ccw perment, have have raised the age to 21, about 4 months ago it was 19. wow im seriously pissed now

P95loser
April 10, 2008, 08:39 PM
ok so i just went to tcsoal.org and it apears they have changed there policy on ccw perment, have have raised the age to 21, about 4 months ago it was 19. wow im seriously pissed now

I am 24, and looked into getting a CC permit when I was 20 (almost 5 years ago)... You had to be 21 then.

REB
April 10, 2008, 11:13 PM
The only place that is off limits per Alabama state law is within 1000 feet of a public protest. In addition the local sheriff can also put further restrictions on where you can carry and that information is typically printed on the back of your permit.

There is no law concerning posting of business like some states have. At worse you would be asked to leave.

True there are no laws on open carry but contrary to popular belief it is not against the law as long as you are on foot. By law you must have a permit to carry a loaded weapon in a vehicle concealed or not. See AG opinion 84-205, you can get to it on this page http://www.ago.state.al.us/opinion_search.cfm half way down select 1984 for the year and 205 for the opinion #.

By law if you are 18 you are eligible for a permit but as a "May Issue" state the sheriff can set his own age requirements. I wanted my 19 year old daughter to get a permit and called our sheriff, he told me that the age is normally 21 but to come by and talk to him about it. That was a couple of weeks ago and I haven't got by there yet.

For what it's worth the crime of carrying a concealed weapon without a permit in Alabama carries a maximum penalty of $500 and six months in jail.

claytonfaulkner
April 10, 2008, 11:27 PM
I am 24, and looked into getting a CC permit when I was 20 (almost 5 years ago)... You had to be 21 then.

i know my sister got hers when she was 19 or 20, what county are you in?

By law if you are 18 you are eligible for a permit but as a "May Issue" state the sheriff can set his own age requirements. I wanted my 19 year old daughter to get a permit and called our sheriff, he told me that the age is normally 21 but to come by and talk to him about it. That was a couple of weeks ago and I haven't got by there yet.

really? what county are you in? i guess it would never hurt to call and ask them about it, or get one of my parents to go and talk to them about it.

For what it's worth the crime of carrying a concealed weapon without a permit in Alabama carries a maximum penalty of $500 and six months in jail.

wow i thought it was alot more than that for some reason. that makes me feel better, i sometimes carry mine anyways when i feel like i might need it, ie late night trips to walmart, but im very careful about keeping it completly hidden

REB
April 10, 2008, 11:29 PM
I am in Limestone County.

jimmyraythomason
April 10, 2008, 11:32 PM
I got my CCW when I was 20 and went with a buddy when he got his. He was 19. This was in Blount County,Alabama. Of course,this was in 1973!

GhostCat
April 10, 2008, 11:43 PM
Open Carry is Legal in Alabama.....But I wouldn't walk in Walmart doing it......Just use your better judgement.

Feanaro
April 11, 2008, 06:11 AM
Open carry is legal in Alabama. This has been confirmed by several AG opinions and court cases.

Don't expect anything ELSE to know that though.

claytonfaulkner
April 11, 2008, 02:55 PM
so i just got off the phone with a woman from the sheriff office and all she would say is that the age is 21, that the state law allows the sheriff to do that, and that no exceptions would be made. she pissed me off because after clearly starting i wasnt trying to be disrespectful, she just raised her voice and said "the age is 21 and there are no exceptions goodbye" and hung up.

hirundo82
April 11, 2008, 08:43 PM
5) there is no open carry laws in alabama. in other words, you can only carry a pistol if you have a ccw permit and it must be concealed.As has been stated, open carry is legal in Alabama, as confirmed by the attorney general (http://www.ago.state.al.us/oldopinions/8400205.pdf). That doesn't mean that the police won't arrest you; I'll leave it at that in lieu of making some very not-High Road comments.

In addition, your statement displays a significant amount of ignorance about how our system of laws work. In the United States, laws do not permit actions; they only prohibit actions, and then provide exceptions to those prohibitions.

For example, most states prohibit concealed carry. They then can create an exception that you can carry concealed if you have a permit. Not finding a law prohibiting open carry means than open carry is de facto legal.

To take it away from guns for a moment, try to find a law stating that you are allowed to own a computer; you won't find one. No prohibition in law, so it is legal.

claytonfaulkner
April 11, 2008, 08:47 PM
ok, sorry, i was wrong and i stand corrected. i guess i could have wred my initial responce better, but i still thought it was illegal to open carry in alabama.

REB
April 11, 2008, 09:49 PM
What county are you in claytonfaulkner? The reason I ask is because in my county the lady who answerers the phone and runs the front desk thinks she owns the place. Every time I have talked to her she has an attitude. A couple of years ago I had to stop by for some reason, I don't rember what it was, and she got so ugly one of the deputies standing there stepped in and put here in her place. Just saying you may want to ask to speak to the sheriff or someone with some actual authority.

marklbucla
April 12, 2008, 01:52 AM
Clayton's previous posts imply that he's from Tuscaloosa. But the rudeness of people on the telephone was something that I noted when I first moved out here in 2005. My initial experience was that "Southern Hospitality" only applies in FTF encounters.

The Sheriff in Tuscaloosa seems to be in the minority.

I would hope so. The CCW policies in Tuscaloosa suck. It's written that you can't carry in places that serve alcohol and you have to get registered with the school police if you are a student or work there. Sexton and his replacement are less gunfriendly than the sheriff I had back in Orange County, CA!

REB
April 12, 2008, 11:05 PM
This is why Alabama needs to become a shall issue state and the process taken out out of the hands of the individual sheriffs. The sheriffs will fight this I know because they make a lot of money from issuing permits.

I think that "Southern Hospitality" just doesn't apply to government employees:)

elrod
April 13, 2008, 01:17 AM
she just raised her voice and said "the age is 21 and there are no exceptions goodbye" and hung up.

This could have something to do with students at the U of A. The Tuscaloosa Sheriff probably isn't crazy about permitting students (stereotypical drinking, temporary residency, etc.) to carry guns.
Also, many students do not register to vote at their school residence, choosing to have their registration in home counties. No vote= no political pull.
Sheriffs in Alabama may impose special rules on their permits that only apply in that county. That is, a person that is 19 y/o and holding a permit from an Alabama County that issues permits to a person of that age may legally carry concealed in Tuscaloosa county. That same person could not get a permit in Tuscaloosa County, due to his age.

REB
April 13, 2008, 09:49 PM
I am not sure that is entirely correct elrod. If you are issued a permit in one county it is good through out the state regardless of if they set different age requirements. If the sheriff in the county that issues your permit imposes restrictions on where you can carry however those restrictions apply regardless of what county you are in.

claytonfaulkner
April 13, 2008, 10:48 PM
I am not sure that is entirely correct elrod. If you are issued a permit in one county it is good through out the state regardless of if they set different age requirements. If the sheriff in the county that issues your permit imposes restrictions on where you can carry however those restrictions apply regardless of what county you are in.

read his post again, i dont think he was implying that

ProguninTN
April 13, 2008, 11:46 PM
Maybe this will help. Directly taken from Code of Alabama.

76433 Do note, while AL has state pre-emption, Sheriffs still think they can add restrictions under the threat of permit revocation. :mad:(Somebody really needs to set a precedent by taking one of these Sheriffs to court.)

REB
April 14, 2008, 01:28 AM
ProguninTN the problem is 13A-11-75 States "The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license" The sheriffs use the "qualified" license to put restrictions on it. This has also been backed up by AG opinion 81-00044. This is not to says that it will absolutely hold up in court and as far as I have found there is no precedence. There is however wording in the law that supports the sheriffs putting restrictions on the permit.

Elrod statement "Sheriffs in Alabama may impose special rules on their permits that only apply in that county" could be interpreted to include restrictions on the license as to when and where you are allowed to carry. I was just trying to clarify that any restrictions a sheriff places on a license is valid through out the entire state. Just trying to make sure no one gets mislead:)

jimmyraythomason
April 14, 2008, 12:35 PM
REB, a sheriff only has jurisdition within the county for which he serves. Any restrictions on a CCW permit other than those applied by state or federal law are only enforceable within the county of origin. No county sheriff can over rule state or federal law.

ProguninTN
April 14, 2008, 01:15 PM
That opinion is informative, however, I still question the authority of Sheriffs to implement restrictions. While they do have the discretion to issue permits, they are County officials. Therefore, it would seem to me that they would be subject to the State preemption statute I referenced in the document I posted.

REB
April 14, 2008, 05:23 PM
Sorry I have to disagree with you Jimmy. The sheriff is allowed by law to put restrictions on your permit and those restrictions are valid through out the state. In Limestone county the restrictions are printed on the permit. Now the interesting part of this is as far as I know there are no criminal penalties for violating the restrictions. I am sure the sheriff could revoke your permit for violating the restrictions but that is about it as far as I can tell.

ProguninTN I would like to see this challenged in court myself but I certainly do not have the funds required to do it. With a standing AG opinion stating "As Sheriff you may also issue a qualified pistol permit. You may limit the permit to a particular pistol or pistols by including the serial numbers of those weapons on the permit. You may also limit when or where a person may have a pistol in his possession" the only way I see to get this practice stopped is through the courts.

I had considered not renewing my Alabama permit in the last couple of years since I also have a nonresident Florida permit because of these restrictions but unfortunately the reciprocity law states "This section shall apply to a license holder from another state only while the license holder is not a resident of this state".

REB
April 14, 2008, 09:41 PM
Sorry I know this is long.

OK folks I had some time this afternoon to do a little research while I was sitting in my hotel room and this is what I found. If you have references contrary to the following please let me know.

First is the preemption law only applies to a incorporated municipality and only applies to handguns. This seems extremely screwed up to me but that's the way it is.
"No incorporated municipality shall have the power to enact any ordinance, rule, or regulation which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns by the citizens of this state. The entire subject matter of handguns is reserved to the State Legislature. This section shall not be construed to limit or restrict the power of a municipality to adopt ordinances which make the violation of a state handgun law a violation of a municipal ordinance to the same extent as other state law violations, or to limit or restrict the power of a municipal court to exercise concurrent jurisdiction with the district court over violations of state handgun laws which may be prosecuted as breaches of a municipal ordinance."

In digging through different laws and other codes it appears that in other sections of the Alabama code that the Legislature has empowered certain other government agencies to regulate the carry of firearms and in some cases provide penalties for violating these regulations. I have included only the applicable sections here to save space.

State Parks
Alabama code Section 9-2-9
Commissioner of Conservation and Natural Resources - Powers and duties as to state parks, etc., generally.
The Commissioner of Conservation and Natural Resources, acting through the Division of Parks, shall have the following powers and authorities:
(4) To establish and promulgate and from time to time alter, amend or repeal rules and regulations governing the preservation, protection and use of the state park system and the property thereon and to preserve the peace therein. Any person who violates any rule or regulation so established and promulgated shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both, and may be adjudged to pay all costs of the proceedings. The Director of the Division of Parks shall have and he is hereby vested with full police power to prefer charges against and to make arrests of any person or persons violating any such rule or regulation. The Commissioner of Conservation and Natural Resources shall have full authority to designate any other employee or employees of the said Division of Parks as deputy police officers, who shall have full authority to prefer charges against or to make arrests of any person or persons violating any rule or regulation established or promulgated by the Commissioner of Conservation and Natural Resources;

Alabama Admin Code 220-5-.08 Prohibited Devices.
(1) It shall be unlawful for any person other than a duly authorized law enforcement officer to possess or carry into any State Park any form of firearm without written permission of the manager in charge of the State Park visited. No person shall possess, discharge or set off on or within a State Park any firecrackers, torpedoes, rockets, cap pistols, or other fireworks.

State Forest

Note that I can not find any penalties authorized by Alabama Code on State Forest.

Alabama Code Section 9-3-9
Promulgation of rules and regulations.
The commission shall have the power to adopt and promulgate rules and regulations pertaining to all phases of forestry within this state, which rules and regulations when adopted shall have the force and effect of law. All rules and regulations of the Division of Forestry of the Department of Conservation and Natural Resources heretofore promulgated shall continue in effect until repealed or amended by the commission.

Alabama Code Section 9-13-10
Powers of State Forestry Commission employees as to enforcement of laws, prevention and suppression of forest fires, etc.
All employees of the State Forestry Commission appointed as forest law enforcement officers by the State Forester are hereby constituted peace officers of the State of Alabama with full police power and may exercise such powers anywhere within the state. They are hereby authorized to carry firearms or other weapons when they are actually in the discharge of their duties as such officers as provided by law. They shall be clothed with the power to arrest with or without warrant any person who shall violate any of the laws of the State of Alabama or any rule or regulation of the Alabama Forestry Commission and take him before a proper court for trial. All employees of the State Forestry Commission and all duly appointed officers of the United States whose duty it is to prevent and suppress forest fires are empowered to enter any lands and to construct thereon fire lines, fire lanes or fire breaks, to set back fires thereon if necessary to prevent the further spread of fire then actually burning and to do all other work necessary in the performance of their duties, including the right to enter any lands for the purpose of making investigations for the cause or causes of fires, without liability for trespass or damage therefrom.

Alabama Admin Code 390 X 7 .08 Prohibited Devices.

(1)It shall be unlawful for any person other than a duly authorized law enforcement officer to possess or carry into any State Forest or any property owned by the Forestry Commission any form of firearm without written permission of the manager in charge of the State Forest visited, except those areas designated as a Wildlife Management Area or Handicapped Hunting Area in conjunction with the Alabama Department of Conservation and Natural Resources and then only firearms for the appropriate hunting season. No person shall possess, discharge or set off on or within a State Forest any firecrackers, torpedoes, rockets, cap pistols, or other fireworks.

It appears that prohibiting firearms in the following areas are also authorized by the Legislature through Alabama code but again I can not find any associated penalties.

Recreation areas operated by the Bear Creek Development Authority

All offices of the Alabama Department of Human Resources

Domestic violence shelters

Short term detention facilities operated by the Alabama Department of Youth Services .

Licensed family and group day care and nighttime homes, foster family homes, and residential child care facilities

Wildlife management areas, refuges, and sanctuaries

oldcop1971
April 15, 2008, 01:01 AM
have been determined by court rulling to be State Officials under the Alabama Constitution, even tho they are elected by a county (local) vote.


the AG of alabama has also issued opinions that unless something is PERMITTED by law then it is unlawful. this flies in the face of the theory that something is legal unless PROHIBITED by law.... we havent had the most brilliant of AG's down here:)

kurtmax
April 15, 2008, 01:38 AM
The law was almost changed to shall issue a few years back when they added the requirements to do a background check and stuff. 'Shall' was turned back into 'may' at the last minute.

REB
April 15, 2008, 05:15 PM
Most of the references I have seen to preemption in Alabama quote the law I posted above. However I was reading through the code of Alabama and realized that there is a new law passed in 2000 that now includes all local governments including counties. This brings up some serious doupt about the legality of sheriffs placing restrictions on permits. This aslo troughs out all previous AG opinions on the subject since they predate this law.

Section 11-80-11
Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General.
(a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components.

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