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Alabama Carry Laws Question -- Update

Discussion in 'Legal' started by SammyLBusby, Aug 17, 2010.

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  1. SammyLBusby

    SammyLBusby Member

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    I live in Nauvoo, Alabama in Walker County. Recently theft of property has started up in my neighborhood. 30 years and nothing like this has happened until a couple moved in behind me and now SHTF. While driving to Jasper, the ENTIRE wheel and tire came off my truck and I almost slid into the Lunch Time Traffic. Upon inspection of my lugs, I found that there was NO DAMAGE at all to them. Someone had been trying to steal my wheels. And only two nights before that, someone stole 4 2 gallon gas jugs from my grandmothers house across the road from me. I had had enough. I went and bought a 9mm pistol to keep it from happening anymore. I just applied for my CCW today and was told to check back on Thursday. Can someone help me out with someting. Im trying to find out my rights to carry this weapon. I know I can have it in the vehicle with me but what about carrying the weapon other places?? Thanks

    Sam
     
  2. WALKERs210

    WALKERs210 Member

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    Your lucky here in Walker County we have John Mark Trye as sheriff. You can carry anyplace you go, especially the Wally World in Jasper, except for federal buildings.
     
  3. Gary Slider

    Gary Slider Member

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    Alabama State Parks
    http://www.alapark.com/parks/pdfs/RulesAndRegulations.pdf

    8. Prohibited Devices (220-5-.08)
    (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 or custodian in charge of the State Park visited;
    provided, however, nothing in this regulation prohibits the possession of
    handguns by lawfully licensed persons for personal protection, provided the
    handguns are not used for any unlawful purpose. No person shall possess,
    discharge or set off on or within a State park any firecrackers, torpedoes, rockets,
    cap pistols, or other fireworks.


    Alabama State and National Forests
    http://www.alabamaadministrativecode.state.al.us/docs/ftry/McWord390-X-7.pdf

    390X7.
    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.
     
  4. SammyLBusby

    SammyLBusby Member

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    Really? Or are you being sarcastic? ;) I know a little about the laws but not enough to push them. LOL.
     
  5. Sam1911

    Sam1911 Moderator

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    For the lists of places you can't carry concealed (and other pertinent info) go here:
    http://www.handgunlaw.us/states/alabama.pdf


    For information on open carrying in AL, go here:
    http://www.opencarry.org/al.html

    Do be careful as you do need a permit to carry the gun in a vehicle, even openly.
     
  6. smince

    smince Member.

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  7. docnyt

    docnyt Member

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    In the clause relating to public school, what if you have no intent to do bodily harm but just carrying concealed?
     
  8. smince

    smince Member.

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    That's the million-dollar question. It does seem to say that it is OK to CCW at school if you have a permit issued by the standards in Section 13A-11-75.

    To complicate matters even more, our local school has "No Weapons" signs up, but the handbook and the Board of Education rules merely repeat Section 13A-11-72 (a)-(e) (I don't know if this is state-wide or just my county).

    A few lawyers I've asked said "that's what it looks like it says" but won't go out on a limb and actually commit.

    It's also been stated that it's ok to ccw while dropping off or picking up, but not for any long-term visits, but I haven't found that written down anywhere.
     
  9. JellyJar

    JellyJar Member

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    I follow the rule that since most school departments don't like it I won't CCW on school grounds or buildings even if it is legal.

    That includes the local university. Not illegal but they don't like it.
     
  10. Bhamrichard

    Bhamrichard Member

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    Under Alabama Statues, you can carry pretty much anywhere except for Federal buildings, most court houses, airport terminals, etc. Carrying Concealed on school property is not specifically disallowed if you have a pistol permit, and have no intent to "do harm".

    Overall Alabama's laws are very liberal on where you can carry, check the permit itself for any additional restrictions the sheriff for your county may impose.
     
  11. jonboynumba1

    jonboynumba1 Member

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    Yeah in AL. it's basically schools (remember the gun free school zone federal push from the 90's?) state and federal buildings (courthouse, post office ect) state forrests ect are a bit of a grey area...in that there are open hunting seasons...in all likelyhood you "can" have a problem but driving through one likely will not have one...however get caught walking the woods off season with a .44 under your shirt...officiers and game management have some discretion in how they proceed...and USUALLY in AL. they show good common sense unless you get the proverbial "new guy" No sports events (especially at schools) gatherings over certain number of people (it's listed in state code...basically a sporting event type senario) anything political related...voting or rally wise. Anywhere that serves alcohol (they may have just amended that part...I seem to remember hearing that but am not sure...I know at the very least YOU can not be drinking...good rule of thumb anyway) Don't forget the "gun free school zone" I have a bud that lives "in" one...that's right...on his private property he can be strapped but when he pulls oput of the driveway it technically should be unloaded and ammo separated from gun until out of the school zone...where his permit allows him to carry on his person and in his vehicle...but technically he's in violation of state law every time he leave his house for about 1000 yards...again dumb arse law...and an officer would likely overlook it given his address. Don't forget all that Federal/TVA land we get to drive through here in AL. most of it is technically not Kosher for CCW. But again...how many thousands of people drive through it every day without thinking about it...and would it really be an issue for a regular/minor traffic stop/citation....probably not....but still...it pays to know the law...


    atf publishes 5300.5 ATF state laws and published ordnances" 2008 29th edition you can likely get a copy from them and have state laws and ordnances for all states that you may travel through as well...I have one because we are an FFL dealer but I bet it's online somewhere...if not it shoud be...I bet they'd send or sell you a copy anyway (ATF) it's free to FFL's so have a bud that's one get you a copy or give you his old one if you can.
     
  12. jimmyraythomason

    jimmyraythomason Member

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    I clearly remember when this was reported on local radio. I don't know if it was a state court ruling or legislation but it was reported in a news report that anyone(CCWs) picking up or dropping off students were not in violation of the "gun free schools" regulations.
     
  13. Galt

    Galt Member

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    Interesting. Why no commentary about the OP's purchasing a handgun to "prevent" petty theft? How does that fit with the notion of self defense?
     
  14. jonboynumba1

    jonboynumba1 Member

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    just remember what I or some radio show guy says won't protect you in court...get a copy of the state code and read it sometime...that's the best answer. Most times I think common sense prevails in day to day "normal" encounters with a regular law abiding citizen in situations like that...but knowing where the letter of the law is is always good...even if you choose to take a small calculated risk in fudging it a little like my bud that lives in a school zone.
     
  15. jimmyraythomason

    jimmyraythomason Member

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    It doesn't. His question was where he could carry not for opinions on his reason for carrying.
     
  16. Bhamrichard

    Bhamrichard Member

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    I'm going to climb out on this limb here (pass me that saw) but to the best of my knowledge, Alabama does not currently have any "gun free school zones" that extend further than the edge of the property of the school. These 1000 ft zones don't seem to appear anywhere in the Alabama code, though it does in the Federal text. However as I understand it, and IANAL, your CCW permit allows you, under both the state and federal laws, to still carry on your person in these school zones.

    State Parks/Forrests, and wildlife management areas are an odd breed, you would need permission from those managing those areas to carry unless it's specifically a designated hunting area.
     
  17. jimmyraythomason

    jimmyraythomason Member

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    I am inclined to agree with you Bhamrichard. If for example,a car is pulled over by LE on a public highway with-in the 1000 feet of a school the driver cannot be cited for violating the school zone regulations if he is carrying.
     
  18. Galt

    Galt Member

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    Yeah, opinions on reasons for carrying would technically be thread drift. THAT would be a travesty on THR. Still a little advice as to when deadly force is warranted could prevent a disaster for someone with a misconception about it any day. Particularly someone who is looking to carry a handgun around.
     
  19. JellyJar

    JellyJar Member

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    Sam1911

    The Alabama admin code 390-x-7 only refers to State Forests, I don't see anything about National Forests.
     
  20. JellyJar

    JellyJar Member

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    Everybody..Here is more about CCW in National Forests in Alabama:

    http://www.fs.fed.us/r8/alabama/law/

    Didn't the law about CCW in National Parks now allow CCW in WMAs?

    I will see if I can find an answer.
     
  21. jimmyraythomason

    jimmyraythomason Member

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    I don't know if it has changed in the last few years(and many Alabama game laws have recently) it is not legal to hunt with a handgun on Alabama WMAs.
     
  22. Holiday

    Holiday Member

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    Actually, Alabama Game Laws HAVE changed to allow handgun hunting in Wldlife Management Areas. You must have a valid Concealed Carry Permit, though. Not sure why as you can carry it open but it's their rule.
     
  23. jimmyraythomason

    jimmyraythomason Member

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    Well,state law does require a pistol permit (as it is known in Alabama) to have a handgun in a vehicle so unless you walk from your home to the WMA,you will need one anyway.
     
  24. jimmyraythomason

    jimmyraythomason Member

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    From the 2009-2010
    Wildlife Management Area
    Hunting Schedule and Information
    If the handgun is used for hunting a WMA permit as well as a valid Al. hunting license is required.
     
  25. Holiday

    Holiday Member

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    Jimmy, the pistol permit is actually a concealed carry permit. If you carry an unloaded pistol in your vehicle you don't need a permit, just keep it secured AWAY from the ammunition as you would a rifle or shotgun. Locking them in seperate cases works. Last Febuary we went on a wild hog hunt in the Black Warrior WMA. THe Game Warden checked for pistol permits as well as licenses.
     
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