Alabama - Displaying your firearm?

[Bhamrichard]

My eyeballs are about to bleed here (from reading/searching too much!), I've been trying to educate myself more on firearm laws where I live. Most information has been easy to come by really but I've been searching for information on display of a firearm, emphasis on deescalating a possible bad situation. I cannot find any references anywhere with regard to any law in Alabama the forbids or even defines "brandishing a weapon".

As an example... I went to a local convenience store a few hours ago, with my IWB holster at 4o'clock. In my sweeping motion to retrieve my wallet, I unintentionally allowed my pistol to be seen as my jacket moved to uncover it.

Is anyone aware of any reference material that may cover this topic with regard to Alabama law?

TY

 

[jimmyraythomason]

"brandishing a weapon".

Whether you can find the actual statute or not,if you "brandish" a weapon you can and likely will be charged,especially in Birmingham.

 

[jimmyraythomason]

I unintentionally allowed my pistol to be seen

Ithink you would be okay in that situation as that doesn't constitute brandishing.

 

[Bhamrichard]

I think you would be okay in that situation as that doesn't constitute brandishing.

Well I suppose that's my question, what constitutes "brandishing". Does the mere display bring that into play or must there be intent behind it?

 

[jimmyraythomason]

"Brandishing" is the deliberate display of a firearm with the intent to intimidate. Example of brandishing; If someone trys to run you off of the road and you flash a gun at them you have violated the law.

 

[deadin]

If you intentionally expose you CCW (i.e. pull back your jacket, etc.) to intimidate someone, (you don't have to pull it out) it's brandishing. At least here in WA. Accidental exposure isn't brandishing, but it may end up in your being asked to leave the premises.

 

[jimmyraythomason]

Remember,in Alabama you can open carry without a permit so just unintentionally exposing your CCW isn't likely to get you into trouble but as deadin said you may be asked to leave.

 

[Bhamrichard]

I've been a regular customer of this convenience store since they opened, know most of the employees etc.. All that happened was a "Cool, what kind of gun is that?" reaction.. But it did get me to thinking, had a LEO been around or someone else saw it and felt threatened, what would the possible repercussions be.

I've had my permit for 20 years but only recently starting carrying my gun pretty much full time.. I'm just trying to educate myself and make sure I don't inadvertently cross any lines.

Remember,in Alabama you can open carry without a permit

Tell that to the deputy sheriff that conducted the handgun safety class I attended.. I asked him point blank if Ala allowed open carry and both deputies answered in the negative (though I already knew the answer, I just wanted to see how they would respond). Since we were in a classroom setting, I didn't go any further. But I did email Mike Hale and let him know I believed they were handing out misinformation.

 

[jimmyraythomason]

Both of those deputies were indeed wrong! It is amazing how little LEOs actually know about the law.

 

[ShowMeTheLaw]

I know that this reply is several years after the question was asked, but I felt it was important to address some outdated information on here. In Alabama there is no law concerning brandishing a firearm/weapon. Alabama has a preemption statute, 13A-11-61.3 enacted in 2013, that covers the regulation of firearms. Simply put no city can enact ordinances that regulate firearms. That means that Birmingham cannot successfully prosecute you for "brandishing."

 

[Black Knight]

I don't know anything about Alabama law but in most states in order to be brandishing you must have the firearm in your hand in a deliberate and threatening manner. If you are handling your weapon in public in such a manner as to cause someone to fear for their safety or the safety of others it could be brandishing. In essence waving your gun around in the air with no regard for anyone else is they typical idea of brandishing. Simply having it holstered an inadvertently uncovering such as you described would not in my opinion be brandishing.

ShowMeTheLaw: If brandishing is described in state law one could be charged with it by Birmingham or any police department in the state. Pre-emption only means that the locality can not create an ordinance that is stricter or contrary to state law. We have had that in Virginia for a few decades now and any locality that wants to do such a thing must have a law passed by the General Assembly and then signed by the Governor.

 

[Frank Ettin]

An old thread and the subject pretty well covered here: "Brandishing", and "When Can I Draw"?