Carry in Alabama, nonresident

[allaroundhunter]

THR,

I went through handgunlaw.us and understand that without a permit I may not carry a handgun concealed on my person in my vehicle, nor out in public. However, there was a letter from the AG about open carry that stated a permit was not required for open carry (http://www.handgunlaw.us/documents/agopinions/ALAGOp8400205OOpenCarry.pdf).

What can Alabama residents tell me about what I have found here?

Thanks,
-AAH

 

[hermannr]

You might want to ask this question on www.opencarry.org in the Alabama forum

 

[DeepSouth]

You can open carry, but you have to have a permit to carry in your vehicle.

BTW. If you've got a TX permit then your good here.
http://www.ago.state.al.us/files/14.htm

 

[Telekinesis]

I'm not sure about some of the more rural counties, but good luck trying to OC in Jefferson County (around Birmingham). While OC is legal in AL, a lot of LEOs around Jeff. County either don't know or don't care and will stop and harass you. You'll win the court case, but you'll still have to go to court.

Its a minor quirk of AL law that instead of having a statute that authorizes OC, there is just nothing criminalizing it, so that means that when stopped you can't just point to a law saying you're legal. AG opinions are also non-binding, especially considering that the AG opinion you cited is over 25 years old, so you can't really use that as a legal justification. AGOs are for guidance, not for an iron-clad interpretation of a law.

Like DeepSouth said, any carry whatsoever is illegal in a vehicle without a permit. It must be in the trunk and unloaded (there's a few more AL oddities to this, but in practice they're not enforced so it makes no difference.) It makes OC without a permit rather difficult when you have to load your gun and reholster every time you exit your vehicle...

 

[allaroundhunter]

Another question, is carry on personal, private land legal?....I know, dumb question, but I would rather not get into any legal trouble while there.

I don't have a permit to carry in Texas (under 21)....but I can still carry in my vehicle here.

Alabama...not so much...

It must be in the trunk and unloaded

This brings up another question that I had after reading handgunlaw.us - It states that the gun must be unloaded outside of the driver compartment. Does that mean that it just needs to be out of the front seat, and in a case in the back seat is ok? Or does it actually mean stowed in the trunk?

And Telekinesis, I am specifically talking Washington County and also the Monroeville area. Any thoughts?

 

[Telekinesis]

I don't have a permit to carry in Texas (under 21)

If you have time and some extra money laying around, I'd recommend getting Maine and New Hampshire CCW permits. NH is valid in AL (and quite a few other states) and you must already have at least one permit to get the NH CCW, so that's where the Maine permit comes in.

Being under 21, you may also want to print out the US Code and AL code that says handgun possession is legal for anyone 18 and over. You'd be surprised how many people (including LEOs) think you have to be 21... Odd considering you can get a AL CCW at 18 in some counties.
Cites are 18 USC 922 (x) and AL Code Title 13A-11-76

As to carrying on your own land, its legal to do without a permit. But I'm not sure if that extends to another's land with just their permission. Legally, AL Code 13A-11-52 expressly prohibits carry on "property not under your control" but I have heard from some that it has been nullified by case law (which makes sense considering CCW permits are not exempted from the statute, but someone with a AL CCW can carry practically anywhere...) I would not recommend carrying on someone else's property without a permit if you're just on a small 1 acre plot of land in suburbia.

If that land is legally yours, be careful not to legally become an AL resident. If you do, the Maine and NH permits I mentioned above will become invalid as far as carrying within the state of AL.

The driver's compartment typically includes the passenger area, so it will need to be in the trunk. If you have a truck or SUV with no separate trunk, you probably should abide by the FOPA rules in regards to locking the gun (trigger/cable lock or locking the case) just to be safe.

I haven't heard anything about Washington County and Monroeville, but I don't spend much time down there. I haven't heard any big issues, but that doesn't mean there aren't any. You may want to drop in at AlabamaOpenCarry.com