Alabama gun laws

[MaterDei]

I'm confused and need some advise.

I live in Texas and have a Texas CHL. I'm driving to Alabama on Sunday and want to know whether I can bring my CCW. I'll be going through Louisiana and Mississippi which both have reciprocity with Texas so no problem there. The packing.org Alabama state page says that Alabama will not honor my Texas permit. Fine, I can't carry while I'm in Alabama, I understand that. However, can I BRING my CCW and leave it in the house that I'm renting while I'm there?

The packing.org site says,

"Car/Gun law summary

Date updated: Sunday, August 15, 2004
A person may lawfully transport a firearm , including a handgun, from one state in which they are legal to possess to another state without a permit as required under Alabama law, provided the following conditions are met:

* The firearm is unloaded
* Neither the firearm or the ammunition is readily accessible
* In case of a vehicle without a compartment separate from the driver's compartment, the firearm and ammunition shall be in a locked container other than the glove box or console.

Federal Law on the Transportation of Firearms. Title 18 U.S.C. Section 926A"

However, http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-11-73.htm

Section 13A-11-73 says,

"License to carry pistol in vehicle or concealed on person - Required.

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."

So is the answer yes or no?

 

[W Turner]

The way I understand it, as long as you are renting the room/house, etc. then it is considered and extension of your actual home and you should be able to posess a weapon while there.

Unfortunately, I cannot put my hands on the code to support this though.


W

 

[wdlsguy]

You should get a New Hampshire non-resident license. It will cover you in Alabama, Colorado, New Hampshire, North Dakota and Pennsylvania. Only $20 for four years.

 

[DeputyVaughn]

MaterDei,
You've pretty much covered the law correctly. You can't carry your weapon concealed or loaded in your vehicle on a Texas permit. You can keep it at the ready in a rented home or even a motel room or on private property where it is not prohibited.

Note: Alabama would gladly recognize a Texas permit if Texas would do the same for Alabama. Texas won't recognize Alabama because our laws are too liberal for their taste.

Scott

 

[MaterDei]

Thanks all for the responses.

DeputyVaughn, YOU'RE DREAMING!!!!!!!!!!!!!!

 

[GhostCat]

Heres what you do......Bring it and carry it just as you would in Texas. I would be VERY surprised if you got any beef from it. If the Alabama Law enforcement stopped you and saw you carrying...show them your TEXAS CCW Permit and I bet he will let you go.....no questions.

As for our laws being liberal.....I would disagree with that........at least for now......Give it a few more years and let the liberals take over our state and that'll change......its well on its way.

GhostCat

 

[wwhitby]

First off, i'm not a lawyer, and this isn't legal advise, and I appologize for the long post.

As far as non-resident CCWs go, according to the Attorney General's web site there is no official opinion on non-resident CCWs, only an unofficial opinion. Here's the text, copied from the AG's web site:

"At the present time, Act 2001-494 does not on its face specifically address the issue of Alabama’s recognition of a non-resident handgun license issued by a state with which Alabama has reciprocal recognition of concealed handgun licenses. Nor is there a formal Attorney General's Opinion, or Alabama case law on this subject. If an Alabama law enforcement agency requests and receives an official Attorney General's Opinion that opinion will be available to the public on our web site under the menu item titled "AG Opinions." Until the Legislature, or a Court of competent jurisdiction, or an "official" Attorney General's Opinion addresses this question, our office's "unofficial opinion" is that, at this time, Alabama will honor non-resident concealed handgun licenses from a state which recognizes handgun licenses issued to Alabama residents. Since this is a new area of law and subject to change, we do urge caution. It is suggested that persons whose state of residence does not recognize Alabama concealed handgun licenses periodically check our web site and the web site of the state that issues their non-resident concealed handgun license, as well as being aware of news stories and court cases on the subject."

As far as carrying on a Texas permit in Alabama, since Alabama does not have a reciprocal agreement with Texas, your permit is not recognized in the State of Alabama. Therefore, you could be considered to be carrying a pistol without a permit. I would not want to be dependent on the mercies of a local cop, deputy or State Trooper. I have a now-retired State Trooper friend who used to carry his issue S&W 5906 while on several vacations in Tennessee before we had reciprocity with Tennessee. He was relying on his badge and professional courtesy to help him out of any potential jams.

As an aside, Alabama is very good at recognizing states that recognize Alabama's permit. We didn't have reciprocity with Tennessee for several years, until Tennessee's legislature changed their statute to the "recognize mine and i'll recognize yours." After that, it didn't take long for Alabama and Tennessee to establish reciprocity. IIRC, the same thing happened recently with Louisana. So Texans and residents of other states that do not have reciprocity with Alabama, start petitioning your legislature.

Alabama's CCW laws are liberal not in the red state/blue state sense, but in terms of the lack of testing/training, et al. We do not have to get fingerprinted, or take a training class or test to obtain a conceled carry permit. Reciprocity is basically the "recognize mine, and i'll recognize yours." I hope it stays that way.

What I would do is to stop just short of the Alabama State line and unload your weapon and lock in in a case and place that case in your luggage. When you get to your destination, check in and then uncase and load your weapon and keep it in the house your renting. I had to do something very similar to this on a recent business trip from Alabama to Oklahoma while passing through Arkansas. Did I like it? No, not at all, but I didn't want to end up in an Arkansas jail cell.....

Warren

 

[MaterDei]

"What I would do is to stop just short of the Alabama State line and unload your weapon and lock in in a case and place that case in your luggage. When you get to your destination, check in and then uncase and load your weapon and keep it in the house your renting."

WILCO. Thanks all for the help.

Michael

 

[DeputyVaughn]

The reason Texas won't recognize the Alabama permit is the lack of a training requirement in the Alabama process. Alabama has a "more Liberal" law than Texas. Not our fault Alabama has a better system of writing permits. I'd love to see nationwide Vermont type carry, but I'm a real dreamer at heart.

Scott

 

[MaterDei]

I was just joking. I wish Texas' rules weren't so silly too.

Seems to me though, that since your gun laws are so liberal that you would recognize a state with stricter standards regardless of whether they recognize your permit.

Why the 'you first' attitude, I wonder? If Alabama would recognize Texas unilaterally maybe some in the Texas legislature in favor of loosening standards could use that example to demonstrate that looser standards won't cause blood to flow in the streets. Alabama should lead from the front.

 

[wwhitby]

According to the Alabama Attorney General's web site, this is why Alabama and Texas don't have reciprocity. Texas: "Has a statutory requirement of a signed agreement to establish reciprocal recognition of concealed handgun licenses." and "Require by statute that an NCIC background check be done on all applicants for concealed handgun license."

If you read the text of the Alabama reciprocity law, it does not require a signed agreement or offer the provision for our Attorney General to enter into one. IIRC, when the law went into effect, the Attorney General office contacted all 49 states, stating "this is our law", will you honor our permits. If you do, we'll honor yours." Also, Alabama law doesn't require a NCIC check to be performed before issuing the permit. I've never heard of a deputy not doing one, but it isn't required by law to do one.

I'm very, very hesitant to ask the legislature in this state to change the CCW law, even if it is for the better. The legislature isn't trusted by most of the citizens of this state - me included - and we might end up with a phyrric victory.

I can understand the "recognize mine, and i'll recognize yours." To me, its only fair that if someone from state XYZ can carry in Alabama, I can carry in XYZ.

BTW, enjoy your stay in Alabama. I've been here 26 years now, and I don't want to leave!

Warren

 

[bamawrx]

materdei

Are you one more of those Texans coming here to work the Ivan damage? If so, what county are you planning to work in. Each county is a little different. The advise you have been given here is good. You might research the possibility of a shotgun/rifle in your truck. It is deer season here and every freeking truck has something.

Personally, I wouldn't go anywhere that I couldn't carry, and the NH non-res permit is a good idea. You should check that out for sure. Not to flame cops or anything, but they generally have no idea what permits are good. You will find cops that will tell you the texas permit is fine and others that will tell you the NH is no good. I have had a police chief of a major department here tell a friend his florida was no good here. Wrong. Get the NH and carry a law reference or publication that will help you out of a jam. Most cops will respect the fact you are licensed in your home state.

Remember concealed is concealed, we have no law enforcement notification requirements in alabama! Good luck.

 

[MaterDei]

bamawrx,

No I'm not another one of THOSE Texans. I'm one of them that is here on vacation with his wife and children spending lots of his hard earned cash. I wasn't aware that there were even a lot of Texans here helping to clean up the state, must explain why I've run into so many friendly people.

Seriously, thanks for the advice, we drove in yesterday (glad that's over) and will be staying in the Birmingham area, Cullman county specificially.

Michael

 

[shep854]

One of the problems other states have with Alabama is that each county can establish it's own criteria for licensing, and not all require background checks. The counties I have held permits in (Montgomery and Jefferson) do require BG checks. It's not a problem; I wish it were statewide. As mentioned above, there are states that have withheld reciprocity for this reason. I'd like to have my permit honored in these other states.

 

[Lone_Gunman]

The reason Texas won't recognize the Alabama permit is the lack of a training requirement in the Alabama process.

Deputy, I think there is more to it than that.

Georgia has no training requirement, and a Georgia CCW is recognized in Texas.

 

[DeputyVaughn]

I was mistaken. This is from the Alabama Attorney General's website.

# Has a statutory requirement of a signed agreement to establish reciprocal recognition of concealed handgun licenses.
# Require by statute that an NCIC background check be done on all applicants for concealed handgun license.

Scott

 

[hoji]

I was told by the Jefferson County Sheriff's Dept. that I could shoot a hand gun on their range with a Texas CHL. You can only shoot long guns if you do not have a handgun permit. I asked if my Texas CHL would suffice and was told yes.

Would not care to try to carry with a Texas CHL.