Alabama: Carry in restaurants that sell beer?
- Thread starter Doug.38PR
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ojibweindian
Member
After searching this site http://alisdb.legislature.state.al.us, I've found no mention of prohibiting CCW in a place that sells alcohol.
You'd definitely would want to confirm this for yourself, though.
You'd definitely would want to confirm this for yourself, though.
bamawrx
Member
I can help you on this.
It is not a specific restriction in the law, however your sherriff may issue a restricted or un-restricted permit. So, look on the back and it may say that you can not carry while drinking, or in any place that serves alcohol, etc...
If it has those comments then it is illegal for you to do so. My permit had those comments, and with some effort I was able to get the sherriff to remove those comments from MY permit. He would not yield on the rest of the permits.
Whatever restrictions that are placed are also in effect for you in the entire state, not just your home county. If you are thinking of getting a FL non-res, it will not allow you to circumvent these issues, as you will not be able to use the FL permit as a substitute in AL as a AL resident. This is specifically spelled out in the law.
I attended a CCW AL law lecture were these issues were dealt with in detail. I specifically requested the lawyer to address these issues in advanced, so he could be prepared with good answers.
I didn't like what I heard, but its the law.
It is not a specific restriction in the law, however your sherriff may issue a restricted or un-restricted permit. So, look on the back and it may say that you can not carry while drinking, or in any place that serves alcohol, etc...
If it has those comments then it is illegal for you to do so. My permit had those comments, and with some effort I was able to get the sherriff to remove those comments from MY permit. He would not yield on the rest of the permits.
Whatever restrictions that are placed are also in effect for you in the entire state, not just your home county. If you are thinking of getting a FL non-res, it will not allow you to circumvent these issues, as you will not be able to use the FL permit as a substitute in AL as a AL resident. This is specifically spelled out in the law.
I attended a CCW AL law lecture were these issues were dealt with in detail. I specifically requested the lawyer to address these issues in advanced, so he could be prepared with good answers.
I didn't like what I heard, but its the law.
Malum Prohibitum
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bamawrx
Did this lawyer tell you it is "illegal" or just grounds for revocation of your permit?
Doug.38pr, the only places off limits in Alabama to carry by state statute are picket lines, and then only if you are a participant or ordered to leave by the police.
With all of that having been said, Alabama is a discretionary issue ("may issue") state.
Did this lawyer tell you it is "illegal" or just grounds for revocation of your permit?
Doug.38pr, the only places off limits in Alabama to carry by state statute are picket lines, and then only if you are a participant or ordered to leave by the police.
With all of that having been said, Alabama is a discretionary issue ("may issue") state.
EVIL5LITER
Member
In Mobile county, you cannot carry into any establishment that serves alcohol.
Truthfully, I wouldn't. If, god forbid, you ever did end up using it for some reason there, it would only be a very, very, very ugly case.
Use a busted beer bottle instead.
Truthfully, I wouldn't. If, god forbid, you ever did end up using it for some reason there, it would only be a very, very, very ugly case.
Use a busted beer bottle instead.
The back of my AL permit states the following:
1. This pistol permit does not permit you to carry a gun openly.
2. Your permit is valid for the State of Alabama only.
3. Your pistol permit is void if you are arrested, on any charge.
4. Your pistol permit does not allow you to carry a pistol in any place that
serves alcohol or while you are drinking or using ony illegal drug.
5. Your pistol permit is also void in any air terminal or in any Court House or
other public building whether City, County, State or Federal.
6. If you carry a pistol under any of the above conditions where it is void, you
will be subject to ARREST for carrying a concealed weapon.
Bamawrx,
Any more details on getting these removed from your permit.
1. This pistol permit does not permit you to carry a gun openly.
2. Your permit is valid for the State of Alabama only.
3. Your pistol permit is void if you are arrested, on any charge.
4. Your pistol permit does not allow you to carry a pistol in any place that
serves alcohol or while you are drinking or using ony illegal drug.
5. Your pistol permit is also void in any air terminal or in any Court House or
other public building whether City, County, State or Federal.
6. If you carry a pistol under any of the above conditions where it is void, you
will be subject to ARREST for carrying a concealed weapon.
Bamawrx,
Any more details on getting these removed from your permit.
Tommygunn
Member
Hmmmm. the back of my permit only has a sorta translucent photo of a semiauto pistol and my chickenscratch signature.
greyhound
Member
In Jefferson County, its says:
"WARNING: State and Federal laws strictly regulate the possession of firearms in certain areas that include schools, federal, state, county and city buildings, and air terminals".
"WARNING: State and Federal laws strictly regulate the possession of firearms in certain areas that include schools, federal, state, county and city buildings, and air terminals".
Malum Prohibitum
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Mr. Dangit
One need not have a permit at all to open carry in Alabama, although you need one to carry openly in your vehicle.
go to opencarry.org
And, Dangit, does your condition number 6 mean that you can be arrested for carrying a concealed weapon for violating number 1, which is carrying a weapon that is not concealed?
One need not have a permit at all to open carry in Alabama, although you need one to carry openly in your vehicle.
go to opencarry.org
And, Dangit, does your condition number 6 mean that you can be arrested for carrying a concealed weapon for violating number 1, which is carrying a weapon that is not concealed?
Malum Prohibitum
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EVIL5LITER
What kind of case?
I mean, what charge?
Are there cases made in Alabama of carrying in a place where the Sheriff has restricted it? Actual real criminal cases that were upheld?
By the way, you people do know, don't you, that there is nothing in the licensing statute that allows Sheriffs to "restrict" licenses.
To the guy who got the "no carry outside Alabama" restriction, you ought to be outraged!
What kind of case?
I mean, what charge?
Are there cases made in Alabama of carrying in a place where the Sheriff has restricted it? Actual real criminal cases that were upheld?
By the way, you people do know, don't you, that there is nothing in the licensing statute that allows Sheriffs to "restrict" licenses.
To the guy who got the "no carry outside Alabama" restriction, you ought to be outraged!
I called the local sheriff and his answers were basically "nothing to see here, move along". I did bring up the opinion of the attorney general as regards to open carry. (http://www.ago.state.al.us/oldopinions/8400205.pdf) He stated that the opinion had been overturned but he didn't know by what statute or where it was located in the code of alabama.
To the guy who got the "no carry outside Alabama" restriction, you ought to be outraged!
I asked him about that one too. The sheriff stated that my permit would be good in any state that has reciprocity with alabama.
You also need to understand that in the part of AL where I live. I saw a cop once...in 2004.
I asked him about that one too. The sheriff stated that my permit would be good in any state that has reciprocity with alabama.
You also need to understand that in the part of AL where I live. I saw a cop once...in 2004.
Malum Prohibitum
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Figures 
I would really hate to be stopped in another state and have an officer see that note on the back, though . . .
I would really hate to be stopped in another state and have an officer see that note on the back, though . . .
JerryM
Member
[WARNING: State and Federal laws strictly regulate the possession of firearms in certain areas that include schools, federal, state, county and city buildings, and air terminals"]
I do not believe the "air terminals" is correct. I believe it is in the secured areas of air terminals. That is what the TX law says.
Jerry
I do not believe the "air terminals" is correct. I believe it is in the secured areas of air terminals. That is what the TX law says.
Jerry
Hot DOG!! I didnt' know this about Texas and Alabama.
The Florida non resident license is confusing thought, I understood Alabama recognized Florida non resident licences, period. Why the heck do they have to make it so complicated so nobody can understand the law
Florida
Updated: 2003-02-06
http://www.ago.state.al.us/ag_items.cfm?Issue=64
(High confidence)
Non-resident Permit/License ok
marklbucla
Member
So what can be said to remove the restriction about no carry in places that serve Alcohol, being in Tuscaloosa County specifically?
I'm one of those people who doesn't feel comfortable with leaving a gun unattended in my car. That along with the law about no carry in restaraunts that serve alcohol pretty much forces me to leave my guns at home all the time. Honestly, I'd only carry at night, but that's when I'd be going to restaraunts, etc.
I don't understand that restriction. As long as I'm not drinking, I don't see the harm in it. Unless it's to protect the drunken people who might attack me. I mean, for Christ's sake, my California permit had more power than my AL permit does!!!
But then again, it sure did cost a helluva lot more...
I'm one of those people who doesn't feel comfortable with leaving a gun unattended in my car. That along with the law about no carry in restaraunts that serve alcohol pretty much forces me to leave my guns at home all the time. Honestly, I'd only carry at night, but that's when I'd be going to restaraunts, etc.
I don't understand that restriction. As long as I'm not drinking, I don't see the harm in it. Unless it's to protect the drunken people who might attack me. I mean, for Christ's sake, my California permit had more power than my AL permit does!!!
But then again, it sure did cost a helluva lot more...
bamawrx
Member
MP
I believe he is saying that violating the restictions on the back of your CCW is the same as carrying without a permit to begin with. I'll leave the level of punishment for someone else to determine. I would think that most sherriffs would revoke your ccw if you violated the terms.
On the topic of dealing with these restrictions: I just wrote a nice letter to my sherriff and he called me to say that he would not remove the strictions. We went back and forth for an hour or so, and he used every stupid cliche in the book. I had immediate replies for each ready, and he wore down after a while. He even said that "no cop would ticket me" and I indicated that I want to be legal and not rely upon my excellent reputation to cause LEO to look the other way. He finally agreed and so my permit has a line drawn through the restriction and the change is signed.
If I had a scanner I'd put it on here for you guys to see. I'm kind of proud of it since I had to work so hard. I hope you guys try this too and post your results. We could get a county by county account of how each sherriff is.
I was really thinking it would be no big deal getting the restiction removed, but it turned out not to be the case. Your sherriff has a lot of power and can almost anything they wish. Just go ask for the restictions to be removed, and you better have a damn good reason ready.
I told the sherriff that I CCW and I don't want to leave my gun in the car just because I'm having dinner with my family at XYZ family restaurant that just so happens to serve beer. I also have a dangerous job, so it helps that he "thinks" that I "need" to have a gun. Funny thing is I was CCW in his house just the other day. Your results will vary.
bama
I believe he is saying that violating the restictions on the back of your CCW is the same as carrying without a permit to begin with. I'll leave the level of punishment for someone else to determine. I would think that most sherriffs would revoke your ccw if you violated the terms.
On the topic of dealing with these restrictions: I just wrote a nice letter to my sherriff and he called me to say that he would not remove the strictions. We went back and forth for an hour or so, and he used every stupid cliche in the book. I had immediate replies for each ready, and he wore down after a while. He even said that "no cop would ticket me" and I indicated that I want to be legal and not rely upon my excellent reputation to cause LEO to look the other way. He finally agreed and so my permit has a line drawn through the restriction and the change is signed.
If I had a scanner I'd put it on here for you guys to see. I'm kind of proud of it since I had to work so hard. I hope you guys try this too and post your results. We could get a county by county account of how each sherriff is.
I was really thinking it would be no big deal getting the restiction removed, but it turned out not to be the case. Your sherriff has a lot of power and can almost anything they wish. Just go ask for the restictions to be removed, and you better have a damn good reason ready.
I told the sherriff that I CCW and I don't want to leave my gun in the car just because I'm having dinner with my family at XYZ family restaurant that just so happens to serve beer. I also have a dangerous job, so it helps that he "thinks" that I "need" to have a gun. Funny thing is I was CCW in his house just the other day. Your results will vary.
bama
marklbucla
Member
What county are you in?
and uh....
ROOOOOOLLLL
TIDE!!!!
and uh....
ROOOOOOLLLL
TIDE!!!!bamawrx
Member
Something else, Its not illegal to CCW in Mobile County in places that serve alcohol. It would only be illegal to those persons with restricted permits.
A person from FL can CCW here with the reciprocity agreement and they are "unrestricted". Its not fair that us locals have less freedom than the visitors.
If you read the codified restrictions in AL, we are one of the best states. The only issue is the "may" issue and the unlimited restrictions.
A person from FL can CCW here with the reciprocity agreement and they are "unrestricted". Its not fair that us locals have less freedom than the visitors.
If you read the codified restrictions in AL, we are one of the best states. The only issue is the "may" issue and the unlimited restrictions.
bamawrx
Member
War eagle.
Lets just say a "southern" county. I don't wish to embarrass my sherriff, besides it looks like I'm going to need a couple LEO sign offs here real soon.
Can't wait see the look on his face when he sees the firearms listed on the form 4's
I'm sure he'll give me the tired old "what do you need this for" crap.
Lets just say a "southern" county. I don't wish to embarrass my sherriff, besides it looks like I'm going to need a couple LEO sign offs here real soon.
Can't wait see the look on his face when he sees the firearms listed on the form 4's
I'm sure he'll give me the tired old "what do you need this for" crap.bamawrx
Member
One more thing, http://www.optionsgroup.org/
Those guys are very good, and all you alafreekingbama readers here should check them out. They are the ones that put on that legal seminar I was speaking of, and the gun classes are top rate. I've trained many times with tiger mckee, randy cain, jim crews, gabe suarez, and my personal favorite clint smith. But the guys at defensive options group are just as good, and are cheaper too.
They are in montgomery, so most people should be able to get there easy enough. Tell them the "green gun from the south" sent you to them. They'll know who it is.
If your in northern AL, then check out tiger mckee at http://www.shootrite.org/index.html
Those guys are very good, and all you alafreekingbama readers here should check them out. They are the ones that put on that legal seminar I was speaking of, and the gun classes are top rate. I've trained many times with tiger mckee, randy cain, jim crews, gabe suarez, and my personal favorite clint smith. But the guys at defensive options group are just as good, and are cheaper too.
They are in montgomery, so most people should be able to get there easy enough. Tell them the "green gun from the south" sent you to them. They'll know who it is.
If your in northern AL, then check out tiger mckee at http://www.shootrite.org/index.html
smince
Member.
I live about 20 miles from Shootrite, but haven't been able to take any classes yet. Too much overtime!
The problem with the Alabama counties is no consistency. Almost every county charges a different price for a permit, from a low of $7.50 to $25.00 in my county (DeKalb). I looked on www.legallyarmed.com and the surrounding counties are: $15, $10, $10, and $20 for permits in each.
The back of my permit only says:
"This permit entitles you to carry a handgun concealed within the State of Alabama unless otherwise prohibited" followed by the four gun safety rules, then the name of our current Sheriff.
The problem with the Alabama counties is no consistency. Almost every county charges a different price for a permit, from a low of $7.50 to $25.00 in my county (DeKalb). I looked on www.legallyarmed.com and the surrounding counties are: $15, $10, $10, and $20 for permits in each.
The back of my permit only says:
"This permit entitles you to carry a handgun concealed within the State of Alabama unless otherwise prohibited" followed by the four gun safety rules, then the name of our current Sheriff.
I believe, according to AL code 13A-11-72 and 13A-11-75 school carry is legal, at least while picking up and dropping off. At least, according to my lawyer.
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