Open carry in Alabama?

[Bhamrichard]

I just got back from attending a Basic Handgun Safety class that is sponsored by the Jefferson County Sheriff's office. While I was there I asked the instructor if Alabama is an open carry state, I was surprised when he answered "Alabama is a may issue state, and is not open carry" . After reading the Alabama code, and some other information on the Alabama Attorney General's website, I think he is mistaken..

Anyone know for sure?

 

[jimmyraythomason]

He is mistaken. It isn't advisable to ask police officers about gun laws. They are generally ignorant on such matters. May issue meanss that it is up to the discretion of the issuing officer as to whether or not a CCW is issued.

 

[NavyLCDR]

http://www.opencarry.org/al.html

Summary
Alabama is a traditional open carry state. The only thing preventing it from being one of our "Gold Star" open carry states is their prohibition against carrying openly in a vehicle without a permit.

 

[AL Ranger]

Alabama is an open carry state. It has always been an open carry state. The Alabama Supreme Court ruled in 1840 that the state legislature can not inhibit the citizens from bearing arms openly without violating the state constitution. State v Reid ALSC June 1840.

All the firearms laws on the books (13A-11-50 thru 13A-11-85) are either explicitly concealed carry or ruled by the courts to be concealed carry. There is no law forbidding open carry.

Most LEOs either do not know the law on OC, have been told by others it is illegal or don't want you to carry so they tell you it is illegal. Those who know it is legal don't seem to be very vocal about it.

If you need any info, go to www.alabamaopencarry.com

 

[jimmyraythomason]

Most LEOs either do not know the law on OC, have been told by others it is illegal or don't want you to carry so they tell you it is illegal.

Very true!

 

[andrewstorm]

alabana open carry

here in mi.most cops think its leagel now that there has been o c rallys,in parks in various citys,in the metro detroit area and alot of people have concealed carry permits in detroit as one cop found out after he confiscated a fully loaded glock 21 from man who was licenced, only to be cited for not reporting the sizeure,the cop said ;I thought he was getting a gun off the street;

 

[docnyt]

^^^^ andrewstorm, what does this have to do with Alabama?

 

[esquare]

It is legal, and most sheriff's offices will say it's not. Feel free to write to the sheriff for clarification and then forward their response to the AG and your state reps for they are pro-2a (real pro-2a, not just 'i believe in guns for hunting' nonsense).

There is an alabama open carry group that is gaining a little ground here. Feel free to join up with them if you are interested in open carry at all.

 

[Fuller Malarky]

Opting to "open carry" in 'Bama sounds like an opportunity to appear on the next exciting episode of "Cops".

 

[Walkalong]

Some cops here will tell you it's "not illegal", and you can do it, but may get hassled. Be prepared to stand your ground.

Bottom line is, if hassled, you will get cleared, eventually.....unless of course you were doing something stupid at the time as well.

 

[jimmyraythomason]

Some cops here will tell you it's "not illegal", and you can do it, but may get hassled. Be prepared to stand your ground.

Be warned, if you are open carrying on someone else's property,"standing your ground" can get you a trespassing charge if the property owner objects.

 

[AL Ranger]

We are making headway in the area of Open Carry. Our weekly meetings are doing better all the time, the website membership is growing, we have had more signers to our petition to change the gun laws in Alabama, we have made the law enforcement in the larger cities more aware of Open Carry and even had some sheriffs make relevant changes about gun laws on their websites.

Alabama Open Carry has been active since the middle of April and we have already made positive changes in Birmingham, Huntsville, Mobile, Tuscaloosa and Montgomery. We have made some great strides in Montgomery that we have influenced their training to include encounters with OCers and now the 911 operators are being trained to handle MWAG calls when someone spots an OCer.

Contacting the AG's office is a waste of time for a civilian as they will only respond to requests coming in from law enforcement throughout the state. They can not handle the thousands of requests coming from individual citizens. We are having more of an effect contacting the local DA offices as they are the ones who have to prosecute the cases brought to them. Once they understand we know the laws pertaining to Open Carry, they just refuse to bring these cases to court and the LEOs learn not to even bother arresting people who open carry.

 

[Walkalong]

Be warned, if you are open carrying on someone else's property,"standing your ground"

I meant to "stand your ground" as far as not backing down to someone who is insisting it is illegal. Absolutely, if told to get off property by the owner/representative, you must comply or face consequences.

So, if you live in Alabama, join us at www.alabamaopencarry.com.

Just checked it out. Cool.

 

[jimmyraythomason]

Contacting the AG's office is a waste of time for a civilian as they will only respond to requests coming in from law enforcement throughout the state.

Or a municipal government.

 

[Flintknapper]

J.R.

Can you tell me what type of signage (if any) is required of private business owners in Alabama to forbid/restrict OCer's from entering their premises?

I understand that OC is probably rare compared to Concealed Carry even though your state has always allowed for it....but some folks must be doing it.

The reason I ask...is that Texas (my State) does not currently allow OC and some people are concerned that if it became law, many businesses would posts signs forbidding it AND CC on their premises.

Not trying to take this off-track, just curious how your State handles it.

Thank you Sir,

Flint.

 

[Fuller Malarky]

I meant to "stand your ground" as far as not backing down to someone who is insisting it is illegal. Absolutely, if told to get off property by the owner/representative, you must comply or face consequences.

For some reason, I get the idea "standing your ground" with an Alabama cop intent on "gaining compliance" could end with a SWAT team and the person "standing their ground" leaving in a body bag.

I'm in Huntsville on business frequently. I appreciate the invitation to open carry, but my senses tell me that by doing so, I would be well advised to have a bail bondsman, a criminal defense attorney, time and money to appear in court, a profession that can withstand criminal convictions, and the possibility that any officer observing could "fear for their life", and my family will be absent a bread winner.

I have three carry permits, two offering the option to conceal carry in Alabama. This allows me self protection. Why would I risk an encounter with police, which seems more likely than an encounter with a bad guy? Alabama has 67 counties, with God only knows haw many prosecutors, assistant prosecutors, and Judges, all with their own interpretation of the criminal violations I could be charged with. Win, lose or draw, the cops and prosecutors are out nothing. I could be out thousands of dollars in attorney fees, travel, fines, loss of work, loss of employment, loss of ALL my rights, if convictions and appeals don't go my way. I'm not betting on retaining any rights while locked up in an Alabama jail cell.

Tell me again what the advantage is to open carry?

 

[RIsom]

I've heard it stated that although open carry is legal in Alabama, if you manage to attract law enforcement attention to yourself by doing it, the Sheriff who issued your permit has the authority to revoke it if he's opposed to open carry. Since Alabama is a "may issue" state, the Sheriff can deny or revoke your permit for pretty much any reason he/she sees fit. I don't like it but that seems to be the way it is right now. I'm really not sure which Sheriffs are pro or anti OC.

Seems that if your permit was revoked, you could still carry openly on foot (according to AG's opinion) but you could never CC or transport a handgun in a vehicle. That's better than nothing, I guess, but not very useful.

 

[joe_security]

Sounds like Wisconsin open carry...The AG says its legal and tells every LE Dept. same but the LEOs dont want it so you get charged with disorderly or distubing the peace.

 

[esquare]

I think there is some exaggeration here about the AL open carry status. It's no where nearly as bad as the WI Madison area. You have to remember that these comments from people in AL are coming from a state that is generally pro gun, and also one that has had it's share of civil rights lessons. This is why AL is defined as a shall-issue state when it's technically may-issue. Everyone knows that if a sheriff starts going on a power trip with guns, they aren't going to survive long.

Realistically, most of the problem here is misinformation about carry laws and it seems that the LEOs and departments correct themselves without a lot of fuss when they are educated in the right way. I'm a big supporter in the AL open carry group (although I've never met up with them) because it's a good way to advance gun rights in a peaceful, effective manner. That group isn't only about open carry laws, but also about reforming the concealed carry problems that we currently have (which are more technical frustrations than anything else).

 

[AL Ranger]

We have had a few missteps by LE due to citizens OCing here in AL. All of them have been settled to our benefit and satisfaction except one going through the legal system right now. However, this has to do with the OC of a rifle (AK47 semi-auto) and will be getting to court in March 2011. However, all they could charge him with is Disorderly Conduct and this charge under AL law (13A-11-7) has nothing in it about firearms at all.

The police have pulled the CC licenses of people who have OCed only to turn around a few days later and return them when they find out that OC is legal. We are slowly winning the battle and I invite all AL residents to our site to sign the petition to get our gun rights returned.

 

[RIsom]

Thanks for the info AL_Ranger. I wasn't aware of any specific instances, that's just what I had heard. Also, I didn't know about the Alabama Open Carry organization. I visited your website and may try to make one of the meeting after the holiday festivities die down a little. Thanks for your efforts.

 

[jimmyraythomason]

Everyone knows that if a sheriff starts going on a power trip with guns, they aren't going to survive long.

Absolutely true! In my county(Blount) we elected a sheriff(by party,a Democrat FWIW) once who doubled the price of a CCW(from $5 to $10 per year)and did away with all UNRESTRICTED licenses and replaced them with qualified permits requiring the make model and serial number of the weapon and a seperate permit for each weapon carried. We rewarded him with one term.

 

[AL Ranger]

We have had a pretty good turn out here in Huntsville. I head up the meeting of our open carry group. We have a weekly meeting at the ATL Bread Co. restaurant in Huntsville. We usually have about seven members show up at a time but we are a new organization and growing. The website just started the middle of April so we aren't even a year old.

Our local DA has talked with some of our members and is well aware of us and that OC is legal. We won't have much of a problem when it comes to carrying here in Huntsville. The benefit of OC is that it is an element of deterrent to stop crime BEFORE it happens whereas concealed carry has the element of surprise AFTER a crime happens.

When someone carries openly it reminds criminals that citizens carry guns and for every gun they see in the open there may be several more they don't see. While the main focus of our group is open carry, we want to reform all the gun laws here. It is our focus to make Alabama a "constitutional" carry state like Vermont, Alaska and Arizona. At the very least, we want to make it a "shall issue" state and get rid of the need for a license to carry in the vehicle.

I hope you guys join us and sign out petition. You can access it via the home page of our site. We are adding pictures, videos and more as we grow. Our president is currently working on a Powerpoint Presentation for the state legislators for after the new ones are sworn in.

 

[ChileRelleno]

Sheriff here in Mobile seems to be a righteous man.
Up front and honest as far as I can tell, Pro 2A, signs off on Forms and talks to the public.

He makes semi-regular appearances on a certain AM radio Morning Show and answers questions. Just this Monday he was asked about OC, he replied that it is legal and that all LEOs in Mobile should know its legal.
He went on to say, if you do OC, you're likely to meet a LEO for a quick face to face, due to someone calling in alarmed about someone with a gun.

Be polite, the LEO is just doing his job, once the LEO ascertains you're not a threat you will be free to carry on (pun intended).
Your biggest problem is panicked sheeple and a scared Rookie.
Be polite, ID when asked, allow the officer to disarm you while he investigates you, assert your Right and you should be good to go.

I'll say this from personal experience.
Dress for success, the sheeple are much less likely to panic when your OCing in a nice pair of kahkis, button down/polo shirt, nice belt/holster and shoes and well groomed.
Business casual attire, and most sheeple will chalk you up to a plainclothes of some type.

 

[NavyLCDR]

So, why if open carry is acknowledged to be a legal activity, why should one be required to show ID and be checked out by the Sherrif's deputy? If someone calls 911 and says that I Am eating in McDonalds with two kids, and the cops show up, is it reasonable to be required to show ID and prove I am not a kidapperM. Why is having two kids in may possession different than a gun?

My 4th amendment rights are as important to me as 2nd amendment. A cop wants me to show him ID for engaging in a legal activity, I will politely refuse.