Alabama CCW law change(vehicle carry).

[jimmyraythomason]

Currently under Alabama law,just recently updated, we are required to have a pistol permit to carry a loaded handgun in our vehicles(whether on our person or not). A recent law change made transporting one without a permit lawful if it was unloaded, cased and out of the reach of the driver. Prior to that change it was only lawful (without a permit)when transporting a handgun home from the dealer after purchase or a gunsmith for updates/repairs or to your own place of business. Now a new change has been sponsored by Rep. Scott Beason(the sponsor of the original bill) to remove the requirement for a loaded handgun in a vehicle. It is opposed by the Alabama Sheriff's Association because they stand to loose out on permit money. here is a poll on Al.com. Our side has a bout a 60/40 lead.http://blog.al.com/wire/2014/03/should_alabama_allow_loaded_pi.html

 

[ironworkerwill]

As if the current law would stop a criminal from carrying a loaded handgun. Thanks for the poll! I've been hearing it on the news and I hope it will pass.

 

[jimmyraythomason]

This bill is what the first bill was intended to do but it was so mauled by legislators that it lost it's original intent by the time it was passed.

 

[lemaymiami]

Since I visit Alabama every few months and do hold a Florida CCW permit -are they honored in your state?

 

[jimmyraythomason]

Alabama honors all states CCW licenses. "The Attorney General's Office of the State of ALABAMA has indicated that Alabama will honor BOTH resident and non-resident Florida licenses. However, the Alabama Attorney General notes that there is some uncertainty as to the limits of Alabama's reciprocity law as it pertains to non-resident licenses. Pending clarification by the Alabama Legislature or a decision by an Alabama court, he urges non-resident Florida license holders to exercise caution. Refer to the Alabama AG's Web page for the latest information."-http://www.freshfromflorida.com/Divisions-Offices/Licensing/Concealed-Weapon-License/Related-Information/States-Recognizing-Florida-License

 

[herrwalther]

Since I visit Alabama every few months and do hold a Florida CCW permit -are they honored in your state?

Yes. AL and FL honor the other's CCW permits. I carry my firearm when visiting my mother in law in Florida every few months. Usually I check 3 or 4 carry websites before I go to make sure nothing changes between trips.

 

[Walkalong]

Prior to that change it was only lawful (without a permit)when transporting a handgun home from the dealer after purchase or a gunsmith for updates/repairs or to your own place of business.

I thought to the range and back was legal as well under the old law. Was that not so? Not that it matters as I have had a permit since I was 21, but that is what I always thought.

 

[22-rimfire]

Didn't know you couldn't carry unloaded a handgun in AL in your vehicle. Never really gave it much thought before since I have a carry permit.

 

[JSH1]

I thought to the range and back was legal as well under the old law. Was that not so? Not that it matters as I have had a permit since I was 21, but that is what I always thought.

Not until last year, this is the old law:

Section 13A-11-73

No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided.

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.)

The new bill to allow carry in a vehicle is SB354. It is not expected to pass this year as it is unlikely to make it to a vote before the end of the legislative session. There are less than 10 days remaining and they have yet to even pass the budget. The Senate did manage to pass a bill today setting up an Alabama Spaceport Authority.

For those not familiar with Alabama politics, Alabama does not have home rule. Country and city governments are not allowed to make any regulations without the approval of the State Legislature. So in addition to the State level business they must approve or reject everything that every local government wants to do. The State legislature is only in session 30 days per year.

 

[jimmyraythomason]

Edit, never mind. I just saw JSH1s post. Excellent explanation.

 

[Walkalong]

30 days a year. Definitely not getting out monies worth there.

 

[lemaymiami]

Thanks for the replies folks. Although I've had a concealed permit since the day I retired out of police work (1995) the closest I ever come is to keep my first service revolver handy whenever I'm going somewhere. Since it's not within my ready reach and I only infrequently even pay it the slightest attention... it's always been a comfort for that once it a lifetime need... I went from always armed 24/7 if I was awake for 22 years to never carrying, ever. I know it's not for everybody but that choice was the right one for me....

Nice to know that Alabama (the closest place I ever had as a home town or home state) honors Florida's license...

 

[Tommygunn]

30 days a year. Definitely not getting out monies worth there.

OTOH, it does limit their opportunity to do a lot of damage .....

 

[Walkalong]

Good point.

 

[JSH1]

30 days a year. Definitely not getting out monies worth there.

Not really. Alabama only pays their legislatures $10 per day = $3650 / year. On top of that they get a $50 per diem for the 30 days they meet = $1500. That is the money that they can pocket. Then they get $4174 per month for expenses for their office and supplies and such. However, they have to submit receipts to get reimbursed.

OTOH, it does limit their opportunity to do a lot of damage

There is a middle ground. Some legislatures may do too much but Alabama does too little. Bills with popular support routinely die because the clock runs out and the legislature doesn't have time to vote. 30 days might be enough time if they didn't have to conduct the business of every city and county government in addition to state wide business. Alabama has by far the most messed up state government of the states that I have lived in. The lack of home rule really gets me. My city government should not have to get the approval from state legislatures on the other side of the state to pass a law or levy a tax.

 

[jimmyraythomason]

My city government should not have to get the approval from state legislatures on the other side of the state to pass a law or levy a tax.

That's not how it worked when I was a City Councilman. Laws passed by the council faced perusal by our lawyer to assure that it complied with the Code of Alabama (1975). Once he cleared it, it had to be publicly posted in conspicuous places and published in local news papers for a specific time and then it was enforced as law. The state had nothing to say about it. I personally have written municipal law that is still on the books.

 

[JSH1]

I stand corrected. Cities are allowed home rule, counties are not.
http://www.encyclopediaofalabama.org/face/Article.jsp?id=h-1153

From Wikipedia:
The Constitution of the State of Alabama is the basic governing document of the U.S. state of Alabama. It was adopted in 1901 and is the sixth constitution that the state has had. At 340,136 words, the document is 12 times longer than the average state constitution, 40 times longer than the U.S. Constitution, and is the longest still-operative constitution anywhere in the world.[1] (The English version of the Constitution of India, the longest national constitution, is about 117,369 words long, a third of the length.)

About 90 percent of the document's length, as of 2012, comes from its 856 amendments. About 75 percent of the amendments cover only a single county or city, and some deal with salaries of specific officials (e.g. Amendment 480 and the Greene County probate judge)
http://en.wikipedia.org/wiki/Constitution_of_Alabama

EDIT: To keep this a bit more on topic, SB 354 passed the 3rd reading and has been sent to the engrossing department for Beason's substitutions. It will then go to the House where it will most likely die waiting for a vote. To pass the House it would need to have the first reading, be sent to and voted out of committee, voted on and passed in the House, sent back to the Senate, and then on to the Governor. There are only 4 days left in the 2014 Legislative session.

Here is the details: http://legiscan.com/AL/bill/SB354/2014

 

[JSH1]

Update: The bill has been read for the first time in the House and has been sent to the House Public Safety and Homeland Security Committee.

The Alabama Legislature is taking the rest of March off and will return on April. There are 3 days left in the 2014 legislative session.

 

[JSH1]

Final update, car carry did not pass, the bill died in the house without a vote. It was a long shot to make it to a vote considering the limited time available in the session but it wasn't helped by the Senate ending there session early due to a squabble with the governor about teacher pay.

Short version:
The governor wanted a 2% pay raise for teachers, the legislature didn't. The legislature passed a bill without the raise which the governor threatened to send back with an amendment adding the raise. If the governor did this, the legislature would have to take a straight up or down vote on the amendment. The Senate leader was nervous that a straight up or down vote would pass so he ended the session early killing everything not passed until next year.

The bill's sponsor is not seeking reelection so I doubt it will come up again next year. So to carry a loaded firearm in a car in Alabama you still have to pay $20 for a concealed carry permit.

 

[Charlie Horse]

The real reason that this will never see the light of day,

The first time it was introduced, and this time, the biggest opposition was from the Alabama Sheriff's Association. They put out all kinds of scare tactics, but our Sheriff Sam Cochran in a brief moment of honesty, said that the opposition was because he was afraid that it would cause people"not to buy pistol permits." In Alabama, the permit is issued by the Sheriff, and the money goes ionto an account labeled "the Sheriff's Fund." Its basically a slush fund used for things that he could never get approval for.

There's so much going on here. Its an election year, and I don't know how much of the story would be on topic.