Question re CCW in Alabama and local ordinances

[Will_G]

I came across some information that I had a question about regarding CCW in Alabama - and was hoping some of you more knowledgeable types could help me figure this out: some municipalities in Alabama seem to have local ordinances that forbid carrying any concealed handguns. Elba, Vestavia Hills, and Enterprise seem to all have such codes.

My question is: does Alabama's preemption laws essentially render these codes null and void, or would someone have to be concerned about such codes if he or she lived in one of these cities? Any advice would be appreciated.

 

[jimmyraythomason]

Alabama state law over rides ALL such municipal ordinances.

Section 11-45-1.1
Subject matter of handguns reserved to State Legislature; power of municipality to adopt certain ordinances; concurrent jurisdiction of municipal courts with district courts.
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.

(Acts 1982, No. 82-442, p. 694, §1; Acts 1994, No. 94-635, p. 1195, §1.)

Any ordinance which violates state law is void.

 

[moonpie]

i've worked, partied ,and shopped all over Coffee County and never heard this. in fact you have to go to elba or enterprise for your permit

 

[jimmyraythomason]

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.-Alabama Code 1975

It doesn't get ANY clearer. Any halfway decent lawyer could beat the tar out of any such charge.

 

[Tommygunn]

State law takes precedence, as stated.
About ten years ago (maybe more) the mayor here in Decatur Alabama got an ordinance passed that prohibited CCW in certain areas. I have forgotten the exact facts but I think maybe in parks and roads or something like that.
The law was actually passed, then collided head first into this state pre-emption law that keeps all lawmaking regarding this subject on the STATE level and only there. Now, IIRC the mayor was a woman, and was rather haughtily ticked off that this happened, as well as a "tad" embarrassed.
Well, I had little sympathy. 'Lady, you're the mayor, you have a staff, you have lawyers at your disposal; have you EVER heard of doing a little RESEARCH before you try to pull this cr*p on us?' was what went through my mind.
Well, I had a few other thoughts as well but they're not "high road." It did, however, tell me exactly what the mayor thought of the 2A.

 

[jimmyraythomason]

a little RESEARCH

Exactly! The Alabama League of Municipalities provides to Mayors and Council members all such information concerning state law as it pertains to municipalities. In the selected readings manual it states for an ordinance to be valid it must meet certain criteria. One,under the heading "Requisites of Ordinances" is "An ordinace must be in harmony with the Constitution and laws of the United States,the laws of the state,the municipal charter and the general principles of the common law in force in the state". All laws and ordinaces not meeting this and other pre-requisites are null and void.

 

[moonpie]

will g ; i think whoever told you that just got it confused with the wet/dry ordinances

 

[Will_G]

Thanks, guys! That makes me feel a whole lot better. Vestavia Hills actually has an ordinance (link is here if it works) that says:

Sec. 11-7. - Carrying weapon—Prohibited.

It shall be unlawful for any person to carry, conceal about his person or conceal in his possession a bowie knife, or other knife having a blade of three (3) inches or more in length, or razor, or any air gun, sling shot, pistol or firearm, brass knuckles or other dangerous or deadly weapon.

(my bolding)

So you can see why I was curious. Again, thanks so much.

 

[jimmyraythomason]

It should be noted that often a municipality will pass a law(ordinance) that conflicts with state law fully knowing it isn't binding but doing so in order to cover themselves against lawsuits (the old "didn't do enough to prevent it charge") in the event someone is attacked,shot etc,with-in the municipality and wants to sue.

 

[Will_G]

Well, I just found out, after searching some more: Vestavia Hills actually REPEALED their ordinance No. 88 that was causing my confusion - in November 2009. Ordinance 2309 was passed and states:

AN ORDINANCE REPEALING ORDINANCE NUMBER 88 - AN
ORDINANCE PROHIBITING THE CARRYING OF CONCEALED
WEAPONS IN THE CITY OF VESTAVIA HILLS, ALABAMA,
AND WITHIN THE POLICE JURISDICTION THEREOF AND
PROVIDING PENALTY FOR THE VIOLATION OF SAME

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VESTAVIA HILLS, ALABAMA, AS FOLLOWS:

Section 1. Ordinance Number 88 adopted and approved by the Vestavia Hills
City Council on September 4, 1962 is hereby repealed in its entirety.
Section 2. This ordinance shall become effective upon approval and adoption and
its publication and/or posting as required by Alabama law.

DONE, ORDERED, APPROVED and ADOPTED this the 23rd day of November, 2009.

So I need to be sure Vestavia Hills is given credit for doing this - but thanks to all of you who have answered my question.

 

[jimmyraythomason]

Kudos to Vestavia Hills!

 

[JellyJar]

An Alabama cop once told me to just not do anything stupid and you will be alright.

 

[Monkeyleg]

A Madison county sheriff's sergeant once told me that the only place I could legally carry with my permit was in my car.

Politicians and police seem to know less about gun laws than do gun owners, and that's everywhere, not just Alabama.