Alabama - open carry?

Status
Not open for further replies.
J

jrou111

Member
Joined
Mar 14, 2006
Messages
323
Location
Birmingham, AL
After reading the thread about the church shooting in LA, I decided to re-read the laws regarding that in my own state on packing.org.


I got distracted when I came across the section on open carry.

http://www.packing.org/state/alabama/#stateno_ccw
which links to this http://www.ago.state.al.us/oldopinions/8400205.pdf

Now I'm not a lawyer, but according to this, I'm allowed to open carry when on foot, and when I get in my vehicle I can flip my shirt over it to conceal it (since I already have a CCL) Is this correct? I know this is just an internet message board, but I'd like to know if anyone knows. I'll be calling the sherriffs office this week to confirm it.
 
Not a lawyer but frequent visitor to Alabama (B'Ham)

Holder of a GEORGIA Firearms License (which Alabama honors)

Always make it a point to LEARN and PRINT OUT the laws of states other than my own that I visit with a firearm.

It's my understanding that without a license you can't transport a handgun in Alabama in a vehicle loaded and that it must be separated from it's ammunition and secured (whatever that means, guess that a trunk would suffice).

With a license you can transport it pretty much however you please. It sounds like you have a license so you don't have a problem.

Open carry is a whole different set of problems. I would strongly discourage it. Open carry is not legal here (well it is with a license but the license makes no distinction between open or concealed) because of that no one open carries here. In all my years have only seen it twice and I found out later that the first one I saw was an off duty cop.

I got pulled over in Alabama once, told the trooper I had a loaded gun in my briefcase (I couldn't have gotten too it quick enough to threaten him so he was cool). I showed him my GA Permit and asked him what he would like for me to do. He said drive slower and have a nice day. No ticket, no hassle.
 
Yes, former AG Charles Graddick issued an opinion in favor of open
carry within the state of Alabama; provided that a few guidelines
are followed. Its not too say that its OK for everyone to act like
we are at the OK Corral, but a sensible law abiding person may
at times choose to carry openly. I do so on my job, as a salesman
at a major, privately owned sporting goods business. We have
several other salespersons that do so as well. At other times,
when I'm out and about, I choose too conceal my piece; cuz
I want the element of surprise on my side~!:uhoh: :D
 
Yeah, I mainly want to be able to used it so I can switch between open and concealed, like when I walk into a shopping store or something.


I carry open when I'm at home in the yard, or out in the great outdoors. I'd like to in public places like when I'm pumping gas at night and such.
 
No need to call your sherriff's office. You'll just confuse the person on the line as what "open carry" is plus they won't be able to give you a good answer. The AG letter says its ok, and I have done so in AL following IVAN. No negative interactions to report, just quiet understanding from others. BUT, I did not push the limits. If you do go OPEN you will get a lot of "hey man you a cop?" Why have conversations in public with strangers about your weapon?

I wish we could open carry here, but since it is not common I think it would be better to stay CCW.
 
As a whole, AL is a gun friendly state. I would have to say that as much as I would love to have Vermont style carry, I don't recommend open carry for most circumstances in AL.

Per the AG's opinion (remember he was AG over 10 years ago no current opinion available) open carry on public pathways is ok in Alabama law, i.e. no law against it. However you must remember that any private property owner may decide he doesn't allow carry on his property. Walking down the road ok, into a store or business maybe/maybe not.

Whether legal or not I still don't recommend it because some blissninny will swear your brandishing a gun. Most Alabama LEO's would probably still check you out and give you a hard time just for seeing you in public with a pistol.

As a matter of AL law, a handgun IS concealed at the point of entering a vehicle. If your carrying openly and get into a vehicle you are then carrying a concealed weapon even if it's in plain sight. For this you need an AL concealed carry permit.

Scott
 
Slightly off topic and not intended to hijack the thread, but... if there are any THR members in Shelby Co., please vote for incumbent Sheriff Chris Curry in the June 6th primary and in the general election. He is a good and honest man, pro 2nd Amendment, and has a sensible application for CCW.
 
I wish we could open carry here, but since it is not common I think it would be better to stay CCW.
Click to expand...
It's your choice, of course, and since I don't live in an open carry state this is purely philosophical for me. But ...

Have you considered that you are applying circular logic to defend a strategy of diminishing returns? Think about what you're saying:

"Not many people carry open, so since people aren't accustomed to it it's better to not carry open because we don't want to risk people becoming accustomed to it."

I understand the theory that concealed may have certain tactical advantages, but I also recognize that if more people would recognize the political advantages of carrying open where legally permitted, at least some of the time, the overall cause of concealed carry on a national level might be greatly advanced.
 
If you really want more info, go over to Alabama Open Carry.com. Alabama is an unlicensed open carry state. Unlike some states, no license is required to carry open in AL as long as you are on foot. Current law states the only unlawful carry of a pistol on premises not your own is unlicensed concealed carry. To understand that, you must read laws 13A-11-52, 13a-11-55 and 13A-11-73 together. The reason for that is -52 starts with the phrase "Except as provided in this article,...". The AL Supreme Court made the state an open carry state in 1840 with the case of State v Reid and it has never changed. We are currently working to get the laws clarified and would appreciate the help of all RKBA supporters in AL. If you have any more questions, you can probably find the answers at www.alabamaopencarry.com.
 
Hawkmoon said:
I understand the theory that concealed may have certain tactical advantages, but I also recognize that if more people would recognize the political advantages of carrying open where legally permitted,
Click to expand...

There are tactical advantages to open carry, as well.
 
Status
Not open for further replies.

Similar threads

T
  • Locked
Open carry/motorcycle carry in Alabama
2
Replies
34
Views
4K
Mousegun
Mousegun
B
  • Locked
Open carry in Alabama?
2
Replies
38
Views
2K
Owen Sparks
O
G
  • Locked
Question on Alabama open carry.
Replies
16
Views
2K
Malum Prohibitum
M
G
  • Locked
Wisconsin Open Carry in Madison
Replies
3
Views
503
Standing Wolf
S
A
  • Locked
Carry in Alabama, nonresident
Replies
5
Views
384
Telekinesis
Telekinesis
Back
Top