Alabama Laws on Concealed Carry

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REB

That opinion is informative, however, I still question the authority of Sheriffs to implement restrictions. While they do have the discretion to issue permits, they are County officials. Therefore, it would seem to me that they would be subject to the State preemption statute I referenced in the document I posted.
 
Sorry I have to disagree with you Jimmy. The sheriff is allowed by law to put restrictions on your permit and those restrictions are valid through out the state. In Limestone county the restrictions are printed on the permit. Now the interesting part of this is as far as I know there are no criminal penalties for violating the restrictions. I am sure the sheriff could revoke your permit for violating the restrictions but that is about it as far as I can tell.

ProguninTN I would like to see this challenged in court myself but I certainly do not have the funds required to do it. With a standing AG opinion stating "As Sheriff you may also issue a qualified pistol permit. You may limit the permit to a particular pistol or pistols by including the serial numbers of those weapons on the permit. You may also limit when or where a person may have a pistol in his possession" the only way I see to get this practice stopped is through the courts.

I had considered not renewing my Alabama permit in the last couple of years since I also have a nonresident Florida permit because of these restrictions but unfortunately the reciprocity law states "This section shall apply to a license holder from another state only while the license holder is not a resident of this state".
 
Sorry I know this is long.

OK folks I had some time this afternoon to do a little research while I was sitting in my hotel room and this is what I found. If you have references contrary to the following please let me know.

First is the preemption law only applies to a incorporated municipality and only applies to handguns. This seems extremely screwed up to me but that's the way it is.
"No incorporated municipality shall have the power to enact any ordinance, rule, or regulation which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns by the citizens of this state. The entire subject matter of handguns is reserved to the State Legislature. This section shall not be construed to limit or restrict the power of a municipality to adopt ordinances which make the violation of a state handgun law a violation of a municipal ordinance to the same extent as other state law violations, or to limit or restrict the power of a municipal court to exercise concurrent jurisdiction with the district court over violations of state handgun laws which may be prosecuted as breaches of a municipal ordinance."

In digging through different laws and other codes it appears that in other sections of the Alabama code that the Legislature has empowered certain other government agencies to regulate the carry of firearms and in some cases provide penalties for violating these regulations. I have included only the applicable sections here to save space.

State Parks
Alabama code Section 9-2-9
Commissioner of Conservation and Natural Resources - Powers and duties as to state parks, etc., generally.
The Commissioner of Conservation and Natural Resources, acting through the Division of Parks, shall have the following powers and authorities:
(4) To establish and promulgate and from time to time alter, amend or repeal rules and regulations governing the preservation, protection and use of the state park system and the property thereon and to preserve the peace therein. Any person who violates any rule or regulation so established and promulgated shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both, and may be adjudged to pay all costs of the proceedings. The Director of the Division of Parks shall have and he is hereby vested with full police power to prefer charges against and to make arrests of any person or persons violating any such rule or regulation. The Commissioner of Conservation and Natural Resources shall have full authority to designate any other employee or employees of the said Division of Parks as deputy police officers, who shall have full authority to prefer charges against or to make arrests of any person or persons violating any rule or regulation established or promulgated by the Commissioner of Conservation and Natural Resources;

Alabama Admin Code 220-5-.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 Park any form of firearm without written permission of the manager in charge of the State Park visited. No person shall possess, discharge or set off on or within a State Park any firecrackers, torpedoes, rockets, cap pistols, or other fireworks.

State Forest

Note that I can not find any penalties authorized by Alabama Code on State Forest.

Alabama Code Section 9-3-9
Promulgation of rules and regulations.
The commission shall have the power to adopt and promulgate rules and regulations pertaining to all phases of forestry within this state, which rules and regulations when adopted shall have the force and effect of law. All rules and regulations of the Division of Forestry of the Department of Conservation and Natural Resources heretofore promulgated shall continue in effect until repealed or amended by the commission.

Alabama Code Section 9-13-10
Powers of State Forestry Commission employees as to enforcement of laws, prevention and suppression of forest fires, etc.
All employees of the State Forestry Commission appointed as forest law enforcement officers by the State Forester are hereby constituted peace officers of the State of Alabama with full police power and may exercise such powers anywhere within the state. They are hereby authorized to carry firearms or other weapons when they are actually in the discharge of their duties as such officers as provided by law. They shall be clothed with the power to arrest with or without warrant any person who shall violate any of the laws of the State of Alabama or any rule or regulation of the Alabama Forestry Commission and take him before a proper court for trial. All employees of the State Forestry Commission and all duly appointed officers of the United States whose duty it is to prevent and suppress forest fires are empowered to enter any lands and to construct thereon fire lines, fire lanes or fire breaks, to set back fires thereon if necessary to prevent the further spread of fire then actually burning and to do all other work necessary in the performance of their duties, including the right to enter any lands for the purpose of making investigations for the cause or causes of fires, without liability for trespass or damage therefrom.

Alabama Admin Code 390 X 7 .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.

It appears that prohibiting firearms in the following areas are also authorized by the Legislature through Alabama code but again I can not find any associated penalties.

Recreation areas operated by the Bear Creek Development Authority

All offices of the Alabama Department of Human Resources

Domestic violence shelters

Short term detention facilities operated by the Alabama Department of Youth Services .

Licensed family and group day care and nighttime homes, foster family homes, and residential child care facilities

Wildlife management areas, refuges, and sanctuaries
 
Alabama Sheriffs...

have been determined by court rulling to be State Officials under the Alabama Constitution, even tho they are elected by a county (local) vote.


the AG of alabama has also issued opinions that unless something is PERMITTED by law then it is unlawful. this flies in the face of the theory that something is legal unless PROHIBITED by law.... we havent had the most brilliant of AG's down here:)
 
The law was almost changed to shall issue a few years back when they added the requirements to do a background check and stuff. 'Shall' was turned back into 'may' at the last minute.
 
Most of the references I have seen to preemption in Alabama quote the law I posted above. However I was reading through the code of Alabama and realized that there is a new law passed in 2000 that now includes all local governments including counties. This brings up some serious doupt about the legality of sheriffs placing restrictions on permits. This aslo troughs out all previous AG opinions on the subject since they predate this law.

Section 11-80-11
Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General.
(a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components.
 
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