Alabama Carry Laws Question -- Update

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SammyLBusby

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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
 
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.
 
Really? Or are you being sarcastic? ;) I know a little about the laws but not enough to push them. LOL.
 
For the lists of places you can't carry concealed (and other pertinent info) go here:
http://www.handgunlaw.us/states/alabama.pdf

Section 13A-11-72
Premises of a public school. The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12
(c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.
(d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.
(e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.

Section 13A-11-59
Possession of firearms by persons participating in, attending, etc., demonstrations at public places.
(a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, except in those instances where the context clearly indicates a different meaning:
(1) DEMONSTRATION. Demonstrating, picketing, speechmaking or marching, holding of vigils and all other like forms of conduct which involve the communication or expression of views or grievances engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. Such term shall not include casual use of property by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.
(2) FIREARM. Any pistol, rifle, shotgun or firearm of any kind, whether loaded or not.
(3) LAW ENFORCEMENT OFFICER. Any duly appointed and acting federal, state, county or municipal law enforcement officer, peace officer or investigating officer, or any military or militia personnel called out or directed by constituted authority to keep the law and order, and any park ranger while acting as such on the grounds of a public park and who is on regular duty and present to actively police and control the demonstration, and who is assigned this duty by his department or agency. Such term does not include a peace officer on strike or a peace officer not on duty.
(4) PUBLIC PLACE. Any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. Such term shall include the front or immediate area or parking lot of any store, shop, restaurant, tavern, shopping center or other place of business. Such term shall also include any public building, the grounds of any public building, or within the curtilage of any public building, or in any public parking lot,
public street, right-of-way, sidewalk right-of-way, or within any public park or other public grounds.
(b) It shall be unlawful for any person, other than a law enforcement officer, to have in his or her possession or on his or her person or in any vehicle any firearm while participating in or attending any demonstration being held at a public place.
(c) It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was
in possession of any firearm. This subsection shall not apply to any person in possession of or having on his or her person any firearm within a private dwelling or other private building or structure.

Section 13A-11-59
(c) It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was
in possession of any firearm.

Note: Sheriffs in Alabama can and do put other restrictions on the permit holders they issue to. Do be aware of any of those restrictions that may be on your permit/license to carry. Carrying where alcohol is served or consuming alcohol while carrying is one I have seen on more than one Alabama Sheriffs web site that adds these restrictions. Government buildings are another restricted item they add. Most state City, County and State Government Buildings are off limits. Again do be aware of any restriction on your permit/license. These restrictions if noted on the permit/license would be in effect in any other county in Alabama you would visit.

When going out of state and carrying on an Alabama permit/license that Alabama honors you must go by the laws of the state you are in. Do be careful.

Carry In State Parks/State & National Forests/WMA/Road Side Rest Areas
Carry Allowed in these Areas:

State Parks: YES Admin Code 220-5-.08
State/National Forests: NO Admin Code 390-X-7
WMA’s: YES Admin Code 220-2
Road Side Rest Areas: YES


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.
 
In the clause relating to public school, what if you have no intent to do bodily harm but just carrying concealed?
 
In the clause relating to public school, what if you have no intent to do bodily harm but just carrying concealed?
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.
 
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.
 
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.
 
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.
 
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.
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.
 
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?
 
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.
 
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.
 
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.
 
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.
 
Sam1911

The Alabama admin code 390-x-7 only refers to State Forests, I don't see anything about National Forests.
 
Everybody..Here is more about CCW in National Forests in Alabama:

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

Firearms on National Forests lands in Alabama - Visitors are allowed to carry concealed firearms on National Forest general forest areas, as long as they are in possession of a valid pistol permit issued by a county sheriff. However, no weapons, concealed or otherwise, may be carried onto a forest Service or any other federal administrative office or site. Also, if the National Forest general forest area is also a State wildlife Management Area (WMA), state regulation generally prohibits all firearms unless a scheduled hunt is in progress, and even then, there are limitations on the types of firearms that may be carried. The State Department of Natural Resources should be contacted for specific regulations pertaining to firearm possession in WMAs.

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

I will see if I can find an answer.
 
Didn't the law about CCW in National Parks now allow CCW in WMAs?
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.
 
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.
 
You must have a valid Concealed Carry Permit, though. Not sure why as you can carry it open but it's their rule.
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.
 
From the 2009-2010
Wildlife Management Area
Hunting Schedule and Information
(ff) Nothing in this regulation prohibits or requires a wildlife management area permit for the possession of
handguns by lawfully licensed persons for personal protection, provided the handguns are not used to
hunt or take or to attempt to take wildlife except as otherwise provided by this regulation.
If the handgun is used for hunting a WMA permit as well as a valid Al. hunting license is required.
 
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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