Open carry/motorcycle carry in Alabama

Status
Not open for further replies.
T

Tacbandit

Member
Joined
Sep 4, 2008
Messages
718
Location
Deep South
My son lives in Alabama, and he and I were discussing the problems with the wording of several issues as posted in Alabama's gun laws. Supposedly it's an "Open carry" state. However, in making some calls, two different sheriff's offices made the statement that Alabama isn't an open carry state. Having read the law ourselves, over and over, it appears that according to several attempts to define this issue,(including one by the State Attorney General in 1984) it is an open carry state. Ex...www.ago.state.al.us/oldopinions/8400205.pdf
We have heard stories of folks being stopped/harrassed and worse, for open carrying. It seems that local LEO's don't want it happening. On the other hand, we've heard several accounts of people doing it with no problems at all. Understanding that Title 13A, Chapter 11, Section 73 of the Alabama Code requires you to have a concealed permit for having a handgun "in" a vehicle, or concealed on or about your person...
"Section 13A-11-73 - 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."
Do any of you Alabama folks have any experience on these issues, and would you know if carry on a motorcycle falls under this provision, (could you open carry on a motorcycle) and does anyone have anything newer than the 1984 opinion cited above, that specifically addresses the open carry issue...The motorcycle question is more of curiosity, as you aren't really "in" a vehicle. Before someone says "google is your friend", I have googled plenty...Just can't find proper updated references to these specific items...Thanks in advance,
Tac
 
However, in making some calls, two different sheriff's offices made the statement that Alabama isn't an open carry state.
Click to expand...

Do not rely on the opinion of the police or sheriff to determine what is or isn't against the law.

Alabama seems to have a similar law to Pennsylvania; here, it is established case law that a motorcycle is a vehicle for purposes of carrying a firearm, so you do need a license to carry while on a motorcycle. Oddly, a horse is not considered a vehicle, so you can open carry on horseback without a license.
 
So right, General...So much is "interpretation" by the individual LEO. As to the motorcycle carry, I'm sure that's the case for Alabama, as well...just not spelled out, like other things there in regard to gun laws, carrying/restrictions, etc. State law, but there are so many variations in handling even the pistol license issuance. It seems that in some counties, $10 will buy you a license(plain paper), and $20 will get you a hard plastic one with a photo, either one good for one year. Price seems to vary from county to county, as does the wait period...I've known of some to wait several weeks, and others to walk in for a first time Alabama license, and leave with one in about 15 minutes. Seems it could be a little more standardized. There's no formal training required, either.
 
Don't do it. Technically it's not illegal, but the law is vague enough that most LEO's aren't going to care. You'll be harassed nonstop.

My wife is from Alabama, so we travel down there quite a bit. I always conceal my weapon. Most if not all of my right-wing, conservative, law-abiding inlaws and friends down there are uncomfortable with handguns. Strange but true.

Also, even if legally Sheriffs in 'Bama don't have more authority than their counterparts in other states, culturally they wield quite a bit of authority. If a county Sheriff doesn't like you carrying, or carrying openly, expect trouble.

As to the motorcycle, yeah, it's a vehicle. :/ I'd just get the permit, put up with the hassle of dealing with the Sheriff if he doesn't like guns much, always keep your permit with you, and just don't open carry. It's much easier that way.
 
I'd just get the permit, put up with the hassle of dealing with the Sheriff if he doesn't like guns much, always keep your permit with you, and just don't open carry.
Click to expand...
This is probably the best advice. Having said that,I routinely OC and have never had a problem from LEOs. As far as a sheriff not liking guns....that is an elected office in Alabama and we tend to weed out those that would restrict our freedom.
 
As usual, the vagueness of the law is open to interpretation here in Alabama. I will give you a concrete example. My friend once brought home a rifle slung across his back on a motorcycle (is that open carry enough?) after buying it. He was stopped by an officer and he then explained that he was carrying it home. The officer did not write him a ticket but did follow him home and drove away when he was inside. There really is no way to tell how an officer will interpret the law so just be mindful. I think it's better to get a permit anyway.
 
Thanks, ya'll...He does have a permit, but the issue keeps coming up as to whether people
can OC or not...and +1 on the power of the vote, JRT...I'm not so big on OC, but if people in an OC state want to do so, they should be allowed to, without the worry of harrassment
by LEO. Seems there needs to be some clarifications, state-wide.
Thanks again,
Tac
 
No matter what the law is, I would not want a pistol anywhere behind my hip on a motorcycle, horse or ATV. I know of a guy who bounced off a 4 wheener and landed on his holstered pistol. It damaged his siatic nerve and he spent some months in a wheel chair. I prefer carrying it in front of my hip sort of like where the IPSC shooters wear their speed rigs. Besides, your chances of going down on your bike are probably much greater than your chances of getting into a gunfight in traffic. Front of the hip carry also makes it much easier to conceal on two wheels when your jacket is blowing in the wind and some doogooder behind you might see it and call the police.
 
Anyone thought about calling the states attornies office?? NC is an open carry state BUT not a good state to press that issue as some city's don't allow and you could get a back seat ride and your transpertation towed try'n to get by with something legal but not looked at favorably. Atleast the states office can explan the law
 
hardluk1....Yeh, I've called the State AG...referred to someone who has a very long voice mail, and a promise to return my call...Waiting on that...

Owen Sparks...You're right about the perils of landing on your firearm. I CC a lot inside the waist, just behind the hip...One time while trying to coax my 150 lb Rottweiler out of the cab of a U Haul, after refusing to come out, all at once he decides "OK, here I come"...he leaps out onto me, knocking me to the ground, landing on my hip. Fortunately, my Glock 23 was there to break my fall...YIKES, that hurt...I was sore for 2 weeks or better. "Perfection" didn't feel so perfect...
 
Alabama is an OC state BUT it is not legal in the majority of counties...

I dont really understand it... makes no sense how county laws can overrule those of the state, but that is the way things are at present to the best of my knowledge though it may just be that you would be arrested consistently legal or not.
 
It seems that in some counties, $10 will buy you a license(plain paper), and $20 will get you a hard plastic one with a photo, either one good for one year. Price seems to vary from county to county, as does the wait period...I've known of some to wait several weeks, and others to walk in for a first time Alabama license, and leave with one in about 15 minutes. Seems it could be a little more standardized. There's no formal training required, either.
Click to expand...
When I read about the training requirements/waiting period/costs in other states, I have absolutely NO problems with Alabama's firearms laws :cool:

$25 OTD
 
"No municipality shall have the power to enact any ordinance,rule or regulation which shall tax,restrict,prevent or in any way effect the possession or ownership of handguns by the citizens of the state. The entire subject of handguns is left to the state legislature ". Section 11-45-1.1, Code of Alabama,1975,as amended.
 
$25 OTD
Click to expand...

Mine is only 7.50 for Jefferson County

BUT it is not legal in the majority of counties
Click to expand...

PT1911, do you have a cite for that? Individual counties CANNOT legislate handgun ordinances in any way shape or form, they are completely preempted by state law, and have no say in the matter.
 
I have no citing whatsoever, I have "interviews" with the men that would arrest you until things panned out in your favor and that is essentially it... I have lived in alabama for 15 years and have yet to see a non-LEO carrying openly. I would love to OC, but the fact remains, that it would simply end in me getting arrested several times a week.

I suppose I should have said not "legal." I know it is technically legal, but the issue SOMEHOW remains that it is not tolerated or appreciated and, as many of your cited court decisions show, often ends in police action... I, for one, cannot afford to take multiple cases to court because I know I was right and in accordance with Alabama law...


Maybe if the NRA had my back.....:evil:
:D


FWIW... 20 bucks in Calhoun County... that is up from 10 last year.
 
Last edited:
I have lived in alabama for 15 years and have yet to see a non-LEO carrying openly.
Click to expand...
I have lived here 57 years and often open carry (granted NOT in an exhibitionist type of way though). I am NOT a LEO. I would NOT OC in Birmingham or Huntsville even though it is legal. It wouldn't be prudent.
 
I suppose I will have to try it out one of these days put the LEOs on a stopwatch to my inevitable arrest...;)
 
My ex-son-in-law is a Birmingham Police Officer. He has stated to me that only if someone has complained about an OC will he ask the OC to either leave or put it out of sight,if the person also has a CCW permit. So PT1911,I don't think you would be arrested for OC but you MAY get hassled a bit.
 
Well Birmingham doesn't really like OC, but they are aware of it of course. I believe it was like a month ago they asked a group of OC'ers to leave Starbucks because they were alarming customers *eyeroll*. But there was no hassle about it other than that.
 
Status
Not open for further replies.

Similar threads

J
  • Locked
Alabama - open carry?
Replies
14
Views
1K
docnyt
D
A
  • Locked
Alabama Gun Laws
Replies
3
Views
711
AL Ranger
A
D
  • Locked
Alabama/Tennessee reciprocity!!!!!!!!
Replies
0
Views
546
DeputyVaughn
D
P
  • Locked
Alabama Laws on Concealed Carry
2
Replies
30
Views
7K
REB
R
B
  • Locked
Open carry in Alabama?
2
Replies
38
Views
2K
Owen Sparks
O
Back
Top