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Alabama HB132

Discussion in 'Activism Discussion and Planning' started by phoenix79, Feb 28, 2012.

  1. phoenix79

    phoenix79 Well-Known Member

    I don't frequent this board but I did do a search. Has anyone seen HB132? I was looking for the bill from Mac McCutcheon about making it illegal to carry with a permit on school grounds (couldn't find it) when I ran across HB132. It would make open carry legal in Alabama by stating that openly carrying a holstered firearm not constituting disorderly conduct. It also removes the public demonstration restriction on CCW and a few other annoyances. We should REALLY be moving on this bill.

  2. jimmyraythomason

    jimmyraythomason Well-Known Member

    I like the removal of the ccw permit requirement for vehcle carry/transport. As it stands now you have to have a CCW permit just to drive to a range with your handgun.
  3. phoenix79

    phoenix79 Well-Known Member

    Frankly this one has everything wrapped up into one big bill
  4. jimmyraythomason

    jimmyraythomason Well-Known Member

    Not really that much is being changed. Alabama is ALREADY an open carry state,it is already legal to carry on your own property or at your own business without a permit. As I read it the only real changes are (1) removal of permit requirement for carrying/transporting in a vehicle (2) removing the no carry"political rally" restriction and (3) making open carry(by itself) exempt from disorderly conduct status. All in all a good bill.
  5. phoenix79

    phoenix79 Well-Known Member

    The open carry is a bigger deal if you live in one of the cities. I live outside Huntsville and for all intents and purposes it is illegal. While technically legal, you will get at least harassed for disorderly.

    Also, unless I'm reading it wrong doesn't this part

    "The license shall then be issued and delivered to
    2 the licensee within two weeks from the date the application
    3 was submitted."

    make AL a shall issue state? Again, another technicality since it more or less was to begin with except in Jefferson or Montgomery counties.
  6. jimmyraythomason

    jimmyraythomason Well-Known Member

    No because the beginning of that section states that the sheriff MAY issue the permit. The SHALL part has to do with delivering the permit to the permitee.
  7. jimmyraythomason

    jimmyraythomason Well-Known Member

    Yes those laws are not valid because of Alabama's pre-emption. The state has the authority in these matters not cities(and the Alabama Code 1975 spells that out). This does not mean that some municipalities won't try to make it rough on citizens though and it takes deep pockets to challenge them.
  8. Telekinesis

    Telekinesis Well-Known Member

    As noted earlier, we are technically an open carry state even though a lot of the LEOs don't like it and will occasionally harass you about it. That's the only reason I don't OC (well, apart from other things like people saying "oh my god, a 21 year old kid with a gun! Run for the hills!!!" That never seems to happen when I CC, but I digress... :rolleyes:)

    I would really like to see AL become a shall issue state, but I don't really see that happening or becoming much of an issue as it is essentially defacto shall issue. Only people under 21 (in some counties) are really getting hurt by the "may issue" part of the law.
  9. TenDriver

    TenDriver Well-Known Member

    You're correct on the preemption, but having OC spelled out as being legal would be a good thing.
  10. jimmyraythomason

    jimmyraythomason Well-Known Member

    Not arguing that at all! I am happy with this bill (as far as it goes) but would like to see the CCW permit law scrapped completely in favor of constitutional carry.
    Last edited: Feb 28, 2012
  11. robertmcm

    robertmcm New Member

  12. ChileRelleno

    ChileRelleno Well-Known Member

    I've been aware of this and other related bills for some time.
    I'm an ALOC member and am active when it comes to writing my State Reps.

    I both OC & CC, and my OC runs the risk of getting tagged with a 'Disorderly Conduct'.
    And too many the ALOC members who've been charged with Disorderly have been convicted by bad Judges/DAs who at the least misinterpret and at worst abuse & twist it to serve their agendas.
    Some places in Alabama are OC friendly, some are decidedly hostile.
    Some LEOs just don't like it and will try to ruin your day, if not your life.

    THIS^^^ Is what this Bill is all about, making it 100% clear that Lawful Open Carry is not in and of itself a crime via Disorderly Conduct.
    In other states they have misused laws, such as 'Going Armed to the Terror of the Public' and etc.
  13. Walkalong

    Walkalong Moderator

    It was my understanding that without a carry permit you could only drive to the gunsmith or the range with a handgun, but otherwise had to have a permit to have a handgun in the car. Have I been wrong all this time? I have my permit, but do not want to tell people without one wrong info.
  14. jimmyraythomason

    jimmyraythomason Well-Known Member

    Yes you have. Alabama law clearly states that a permit is required to have a handgun in a vehicle except when (1) transporting home(or to your business) after purchase,(2) taking to a gunsmith for repair or update or (3) when moving to a new residence.
    Code of Alabama 1975 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.)
    Notice the to and from range exemption does not apply to individuals who are not members of the above organizations.
    Last edited: Apr 11, 2012
  15. CountryUgly

    CountryUgly Well-Known Member

    The yet to be named bill that Rep. Mac McCutcheon (R) was to introduce is DEAD IN THE WATER. Last week he retracted any intentions of presenting such a bill. In fact he has done a complete 180 and is considering introducing a bill that would do away with the schools option to ban CCWs. There will probably be some provisions like no open carry and harsh penelties if you are caught carrying without a CCW permit but at least college students would be able to defend themselves on campus.
  16. TenDriver

    TenDriver Well-Known Member

    I heard him a few weeks ago on a local radio show discussing his proposed bill and was actually a little impressed with his response. He explained he had received numerous emails and calls on the subject and decided to listen to what folks had to say rather than proceed with a bad proposal (I'm sure he got the message it wouldn't pass as well from a few other representatives). If he is to be taken at face value, and I believe he should be until he proves otherwise, he's doing his job correctly.
  17. CountryUgly

    CountryUgly Well-Known Member

    I agree. I was actually a little surprised that he brought up such a proposal in the first place, (but he did say it was at the request of local law enforcement) considering that he had for the most part been a supporter of CCWs in the past. From my understanding the Alabama chapter of Students for Concealed Carry had a part in his change of heart on the matter. Those guys and girls at SCC really have their act together and more people should really support them they truly are fighting the good fight.
  18. jimmyraythomason

    jimmyraythomason Well-Known Member

    Latest word is that HB132(now SB337) has passed committee!
    Last edited: Apr 19, 2012
  19. jrdolall

    jrdolall Well-Known Member

    I sent an email to my representative. Let me know of any other officials I should contact to help push this type of legislation.
  20. jimmyraythomason

    jimmyraythomason Well-Known Member

    SB337 is scheduled to be before the Senate TODAY(5/8/12) after 2:00 pm!!!

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