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Alabama Laws on Concealed Carry

Discussion in 'Legal' started by P95loser, Apr 10, 2008.

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  1. P95loser

    P95loser Member

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    So, I have been studying the Code of Alabama's State Weapons Law and section 13A of Alabama's State Legislature. I found them both quite informative and feel much better educated about my rights. However, I am still left with a few questions that aren't covered in these documents.

    1) Where can I find the legal places I can and cannot carry other than what is printed on my CC permit?
    2) Where can I find laws concerning property not owned by me and carrying? (I.E. work, shopping centers, other citizen's property).
    3) According to 13A-11-72 (c) and (e), I can lawfully carry concealed on public schools with my permit, are there any other laws or regulations out there that make this illegal?
    4) If I carry on a premises that publicly declares a no firearms policy, am I legally obligated to obey their request?
    5) I see nowhere in either of these documents any information regarding to open carry. Is it or is it not legal in Alabama?
     
  2. claytonfaulkner

    claytonfaulkner Member

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    4) legally obligated? i wouldnt say so, if you let them know you are carrying(which should never happen) and they ask you to leave then you are legally obligated to leave or face trespassing charges
    5) there is no open carry laws in alabama. in other words, you can only carry a pistol if you have a ccw permit and it must be concealed.

    i dont have a permit yet because tuscaloosa county so has a policy against issuing permits to anyone under the age of 19, even though the state of alabama says you can get one at 18
     
  3. P95loser

    P95loser Member

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    What permit are you referring to? I thought alabama code stated you cannot transfer a handgun to anyone under the age of 18... But you have to be 21 to legally carry conceal (federal requirement?).
     
  4. tonfa2

    tonfa2 Member

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    I'm not sure where you got 19 from, but the "Sheriff" in Tuscaloosa doesn't issue pistol permits to anyone under the age of 21.
     
  5. Winchester 73

    Winchester 73 member

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  6. claytonfaulkner

    claytonfaulkner Member

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    ok so i just went to tcsoal.org and it apears they have changed there policy on ccw perment, have have raised the age to 21, about 4 months ago it was 19. wow im seriously pissed now
     
  7. P95loser

    P95loser Member

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    I am 24, and looked into getting a CC permit when I was 20 (almost 5 years ago)... You had to be 21 then.
     
  8. REB

    REB Member

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    The only place that is off limits per Alabama state law is within 1000 feet of a public protest. In addition the local sheriff can also put further restrictions on where you can carry and that information is typically printed on the back of your permit.

    There is no law concerning posting of business like some states have. At worse you would be asked to leave.

    True there are no laws on open carry but contrary to popular belief it is not against the law as long as you are on foot. By law you must have a permit to carry a loaded weapon in a vehicle concealed or not. See AG opinion 84-205, you can get to it on this page http://www.ago.state.al.us/opinion_search.cfm half way down select 1984 for the year and 205 for the opinion #.

    By law if you are 18 you are eligible for a permit but as a "May Issue" state the sheriff can set his own age requirements. I wanted my 19 year old daughter to get a permit and called our sheriff, he told me that the age is normally 21 but to come by and talk to him about it. That was a couple of weeks ago and I haven't got by there yet.

    For what it's worth the crime of carrying a concealed weapon without a permit in Alabama carries a maximum penalty of $500 and six months in jail.
     
  9. claytonfaulkner

    claytonfaulkner Member

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    i know my sister got hers when she was 19 or 20, what county are you in?

    really? what county are you in? i guess it would never hurt to call and ask them about it, or get one of my parents to go and talk to them about it.

    wow i thought it was alot more than that for some reason. that makes me feel better, i sometimes carry mine anyways when i feel like i might need it, ie late night trips to walmart, but im very careful about keeping it completly hidden
     
  10. REB

    REB Member

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    I am in Limestone County.
     
  11. jimmyraythomason

    jimmyraythomason Member

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    I got my CCW when I was 20 and went with a buddy when he got his. He was 19. This was in Blount County,Alabama. Of course,this was in 1973!
     
  12. GhostCat

    GhostCat Member

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    Open Carry is Legal in Alabama.....But I wouldn't walk in Walmart doing it......Just use your better judgement.
     
  13. Feanaro

    Feanaro Member

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    Open carry is legal in Alabama. This has been confirmed by several AG opinions and court cases.

    Don't expect anything ELSE to know that though.
     
  14. claytonfaulkner

    claytonfaulkner Member

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    so i just got off the phone with a woman from the sheriff office and all she would say is that the age is 21, that the state law allows the sheriff to do that, and that no exceptions would be made. she pissed me off because after clearly starting i wasnt trying to be disrespectful, she just raised her voice and said "the age is 21 and there are no exceptions goodbye" and hung up.
     
  15. hirundo82

    hirundo82 Member

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    As has been stated, open carry is legal in Alabama, as confirmed by the attorney general. That doesn't mean that the police won't arrest you; I'll leave it at that in lieu of making some very not-High Road comments.

    In addition, your statement displays a significant amount of ignorance about how our system of laws work. In the United States, laws do not permit actions; they only prohibit actions, and then provide exceptions to those prohibitions.

    For example, most states prohibit concealed carry. They then can create an exception that you can carry concealed if you have a permit. Not finding a law prohibiting open carry means than open carry is de facto legal.

    To take it away from guns for a moment, try to find a law stating that you are allowed to own a computer; you won't find one. No prohibition in law, so it is legal.
     
  16. claytonfaulkner

    claytonfaulkner Member

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    ok, sorry, i was wrong and i stand corrected. i guess i could have wred my initial responce better, but i still thought it was illegal to open carry in alabama.
     
  17. REB

    REB Member

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    What county are you in claytonfaulkner? The reason I ask is because in my county the lady who answerers the phone and runs the front desk thinks she owns the place. Every time I have talked to her she has an attitude. A couple of years ago I had to stop by for some reason, I don't rember what it was, and she got so ugly one of the deputies standing there stepped in and put here in her place. Just saying you may want to ask to speak to the sheriff or someone with some actual authority.
     
  18. marklbucla

    marklbucla Member

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    Clayton's previous posts imply that he's from Tuscaloosa. But the rudeness of people on the telephone was something that I noted when I first moved out here in 2005. My initial experience was that "Southern Hospitality" only applies in FTF encounters.

    I would hope so. The CCW policies in Tuscaloosa suck. It's written that you can't carry in places that serve alcohol and you have to get registered with the school police if you are a student or work there. Sexton and his replacement are less gunfriendly than the sheriff I had back in Orange County, CA!
     
  19. REB

    REB Member

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    This is why Alabama needs to become a shall issue state and the process taken out out of the hands of the individual sheriffs. The sheriffs will fight this I know because they make a lot of money from issuing permits.

    I think that "Southern Hospitality" just doesn't apply to government employees:)
     
  20. elrod

    elrod Member

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    This could have something to do with students at the U of A. The Tuscaloosa Sheriff probably isn't crazy about permitting students (stereotypical drinking, temporary residency, etc.) to carry guns.
    Also, many students do not register to vote at their school residence, choosing to have their registration in home counties. No vote= no political pull.
    Sheriffs in Alabama may impose special rules on their permits that only apply in that county. That is, a person that is 19 y/o and holding a permit from an Alabama County that issues permits to a person of that age may legally carry concealed in Tuscaloosa county. That same person could not get a permit in Tuscaloosa County, due to his age.
     
  21. REB

    REB Member

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    I am not sure that is entirely correct elrod. If you are issued a permit in one county it is good through out the state regardless of if they set different age requirements. If the sheriff in the county that issues your permit imposes restrictions on where you can carry however those restrictions apply regardless of what county you are in.
     
  22. claytonfaulkner

    claytonfaulkner Member

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    read his post again, i dont think he was implying that
     
  23. ProguninTN

    ProguninTN Member

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    AL Laws

    Maybe this will help. Directly taken from Code of Alabama.

    View attachment AL Laws.doc Do note, while AL has state pre-emption, Sheriffs still think they can add restrictions under the threat of permit revocation. :mad:(Somebody really needs to set a precedent by taking one of these Sheriffs to court.)
     
  24. REB

    REB Member

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    ProguninTN the problem is 13A-11-75 States "The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license" The sheriffs use the "qualified" license to put restrictions on it. This has also been backed up by AG opinion 81-00044. This is not to says that it will absolutely hold up in court and as far as I have found there is no precedence. There is however wording in the law that supports the sheriffs putting restrictions on the permit.

    Elrod statement "Sheriffs in Alabama may impose special rules on their permits that only apply in that county" could be interpreted to include restrictions on the license as to when and where you are allowed to carry. I was just trying to clarify that any restrictions a sheriff places on a license is valid through out the entire state. Just trying to make sure no one gets mislead:)
     
  25. jimmyraythomason

    jimmyraythomason Member

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    REB, a sheriff only has jurisdition within the county for which he serves. Any restrictions on a CCW permit other than those applied by state or federal law are only enforceable within the county of origin. No county sheriff can over rule state or federal law.
     
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