Alabama question

Alabama question

This is a discussion on Alabama question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Can someone please explain the Alabama concealed vs open carry laws? I read the handgunlaws.us website, plus a couple other sites, but what is confusing ...

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Thread: Alabama question

  1. #1
    Member Array jvteach77's Avatar
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    Alabama question

    Can someone please explain the Alabama concealed vs open carry laws? I read the handgunlaws.us website, plus a couple other sites, but what is confusing me, is the part about not carrying concealed on property that you don't own. It would seem to me that this would bar CC almost everywhere, except a person's own house and car. If so, then why have a CC permit at all? The way I read the open carry part was that Open carry was ok almost everywhere.

    What am I missing?
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    You can carry concealed on your own property without a permit but need to have a permit to carry conceal on property that you do not own or rent.

    My understanding is that you can not open carry in a vehicle, and my experience is that you run the risk of getting a Glock Q-tip open carrying in some locations even though it is legal.
    A real man loves his wife, and places his family as the most important thing in life. Nothing has brought me more peace and content in life than simply being a good husband and father.

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    Member Array jvteach77's Avatar
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    I was just re-reading the handgunlaws.us website and I don't see the part about the restrictions I've read about before, but I did find something similar to what I'd read previously on an NRA website. [URL="http://www.nraila.org/statelawpdfs/ALSL.pdf"]
    On the first page under the section titled "Carrying" the first paragraph says that it is unlawful to carrry a pistol on his person on premises that are not his own. To me this means you couldn't concealed carry in a McDonald's, etc. That doesn't make sense to me, so that is why I was asking.
    Glock G23
    Kahr P380
    OMC "The Backup" .380

    I may die by my own gun, but whoever kills me with it will have to beat me to death with it, cause it will be empty by the time they get it.

  4. #4
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    No problem I hope that I answered your question
    A real man loves his wife, and places his family as the most important thing in life. Nothing has brought me more peace and content in life than simply being a good husband and father.

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    Member Array DIXIETWISTER's Avatar
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    i was in Alabama over the weekend and i concelead carried. I have a Georgia permit. i thought the law was similar to georgias. But i diddnt ask and no one told.
    You may not like guns. You may choose not to own one. That is your right.
    You might not believe in God. That is your choice.
    However, if someone breaks into your home at 3AM the first two things you are going to do are:
    1) Call someone with a gun.
    2)Pray they get there in time." - A wise man

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    Member Array MSteve's Avatar
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    I have a CCW permit in Madison County. They have no official document saying where you can and can't carry with it (I asked), but when I asked while receiving mine, I was told: No bars (yes in restaurants that have a bar, as long as you are not drinking), no schools, no hospitals or federal/state/local government property. While it is an "open carry state" at the state level, I think every county just about has laws requiring CCW with a permit. (I personally don't want to test in court which would win).
    One thing I've learned here, is that the law is much more vague than in other states. My understanding of the reference to property not you own, is to other's private property, not publicly accessible businesses. (I CC in stores, etc.)
    When in doubt, call the sherriff's office of the county you are headed to. They are responsible for CCW issues in Alabama.

    Here are a few links that might help:
    (Any of the county sherriff sites)
    http://www.ago.alabama.gov/issue/pistol.htm
    http://www.ago.alabama.gov/issue/Alabama_Weapon_Law.pdf

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    Member Array TVille's Avatar
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    Alabama...confusing. 13A-11-52 says "...no person shall carry a pistol about his person on premises not his own or under his control;"

    Section 13A-11-73 says "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."

    Section 13A-111-75 says "The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state..."

    It is my understanding that 13A-11-73/75 over-rides 13A-11-52, allowing concealed carry. However, as far as I know, that is about it.

    I am *guessing* that 52 is assumed to be concealed, and not open carry, and therefore, open carry is not addressed under state law and assumed legal.

    As far as where you can carry, there are references to schools and some other areas, but nothing about bars, that I have found. The links provided by MSteve are a good summary of the Alabama Code.

    The normal IANAL disclaimer applies.

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    The thing about Alabama is that our Consitution is the longest consitution in the world and no one is really sure what all 357,000 + words say
    A real man loves his wife, and places his family as the most important thing in life. Nothing has brought me more peace and content in life than simply being a good husband and father.

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    Senior Member Array AdamSean's Avatar
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    My permit reads on the back, "License to carry a Revolver or a Pistol Concealed on the person, or in a vehicle is hereby granted, except in a courthouse and criminal justice building by order of the Sheriff.

    Your pistol license does not allow you to carry a pistol in any place that serves alcohol or while you are drinking or using illegal drugs."

    My last one said that onw could not carry a pistol in plain view aa a police officer. To my beat knowledge, AL does not allow open carry unless you are on your own property.

  10. #10
    Senior Member Array AdamSean's Avatar
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    My permit reads on the back, "License to carry a Revolver or a Pistol Concealed on the person, or in a vehicle is hereby granted, except in a courthouse and criminal justice building by order of the Sheriff.

    Your pistol license does not allow you to carry a pistol in any place that serves alcohol or while you are drinking or using illegal drugs."

    My last one said that onw could not carry a pistol in plain view aa a police officer. To my beat knowledge, AL does not allow open carry unless you are on your own property.

  11. #11
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    To understand any law one must read all of it.

    13A-11-52. Carrying pistol on premises not his own; who may carry pistol.
    Except as otherwise provided in this article, no person shall carry a pistol about his person on premises not his own or under his control; but this section shall not apply to any sheriff or his deputy or police officer of an incorporated town or city in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.
    Key words to understand are article and section. The portion in question says "Except as otherwise provided in this article, no person shall carry a pistol about his person on premises not his own or under his control". It then states: "but this section shall not apply to" and lists persons to whom the section (52) does not apply to.

    Then in sections 73, 74, and 75 of the same article there are provisions for exceptions to section 52. 73 says that no one is to carry a concealed pistol except on his own land, etc without a license. Section 74 lists exceptions to the license requirement and Section 75 states who issues the license and gives other info about it. Having an Alabama Pistol License gives one an exception to the section 52.

    Beyond this Alabama firearms law is kind of nebulous. Open carry is not discussed and the only ruling on that is an Attorney General's opinion stating it is legal. Does that make it legal? Who knows. The sheriff who issues the license can add additional restrictions to the ones the state has. What this means when you are in another county or when someone from a different county is in yours is open to question. The law concerning carry in schools and on school property says: "Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school." This seems to say that you can as long as you are not doing it knowing with intent to do bodily harm. Would I do it? NO! The restriction on courthouses cannot be found in state law anywhere. It appears this is a standard restriction that all counties place on their licenses. There is also no provision in Alabama law for a business to post a no firearms sign. Whether that means they are of no effect is open to question.

    I hope this helps.
    George

    Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

  12. #12
    Member Array fox2102's Avatar
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    Over all open carry is legal and Concealed carry is legal with a permit. The county has the right to put restrictions on it such as not allowing courthouse carry or in bars. I have an unrestricted permit so i can carry anywhere except where state laws say i cannot

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