Carry at rest stops in alabama?

This is a discussion on Carry at rest stops in alabama? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Ok so my drive home from school is about 2 hours at night. So many times i stop at the rest areas to stretch my ...

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Thread: Carry at rest stops in alabama?

  1. #1
    Member Array fox2102's Avatar
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    Carry at rest stops in alabama?

    Ok so my drive home from school is about 2 hours at night. So many times i stop at the rest areas to stretch my legs and what not. Well normally I conceal carry but lastnight i had to stop to use the bathroom and i didnt have a jacket on or anything. So I decided to just open carry. I have several times before and no one has said anything. Well this time I went in and the security guard, who was an old man, came into the bathroom and said I couldnt carry my gun in here. I said I was sorry. I thought a permit permitted me too because the only thing the alabama state law says about where not to carry is a public demonstration. I told him I had a permit and he said it doesnt matter. He said "It goes against everything this state stands for." So I just left without incident.

    My question is if there is any legal truth to what he was saying. To my knowledge it is legal but maybe i missed something?

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  3. #2
    Senior Member Array dnowell's Avatar
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    Print this letter out and keep it handy if you need. http://www.ago.state.al.us/oldopinions/8400205.pdf

    It's from the attorney general. I got the link from OpenCarry.org - State Information For Alabama.

    The nutshell is that OC is 100% okay without a permit, except for carrying in a vehicle, which is only permitted if you have a CCW.

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    Ex Member Array zigziggityzo's Avatar
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    Alabama constitution:

    Article I Section 26

    ...that every citizen has a right to bear arms in defense of himself and the state.
    That's what your state stands for.

    You were perfectly legal to be open carrying where you were. As is the usual with many police officers and security guards, they are mostly Opinion Enforcement Officers, not Law Enforcement Officers.

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    Senior Member Array BamaSteve's Avatar
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    You are good to go carrying at rest areas. That old man doesn't have any idea what he is talking about. http://www.handgunlaw.us/states/alabama.pdf

    Be careful about the open carry as well. It may not be illegal, but the state has not said much of it and it could land you in court. You may not lose, but it could cost a lot in legal fees.
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    Member Array fox2102's Avatar
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    That's what I thought. They also didn't have any signs posted anywhere about not being able to carry. I'll print that letter out and keep it handy. I just wont open carry there anymore.

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    It is legal to carry in a rest area but I wouldn't open carry in Alabama.

    Open carry might not be illegal, but it has never really been tested in the courts.
    I do not want to be the test case.
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

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    Ex Member Array zigziggityzo's Avatar
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    Quote Originally Posted by pgrass101 View Post
    It is legal to carry in a rest area but I wouldn't open carry in Alabama.

    Open carry might not be illegal, but it has never really been tested in the courts.
    I do not want to be the test case.
    The AG has stated it's legal. And that's precedent.

    http://www.ago.state.al.us/oldopinions/8400205.pdf

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    Quote Originally Posted by zigziggityzo View Post
    The AG has stated it's legal. And that's precedent.

    http://www.ago.state.al.us/oldopinions/8400205.pdf
    This is not from the current Attorney Genearl so it is not precedent.

    Once again you will probably win once you go through the legal system, but I do not want to go through the leagl system,

    Zigziggityzo, please come down here and Open carry in downtown Birmingham and fight the leagal battle. Once the Alabama Courts have ruled on it and declared it legal I will then open carry.

    As for now, I can't afford the legal fees.
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

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    Ex Member Array zigziggityzo's Avatar
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    Quote Originally Posted by pgrass101 View Post
    This is not from the current Attorney Genearl so it is not precedent.

    Once again you will probably win once you go through the legal system, but I do not want to go through the leagl system,

    Zigziggityzo, please come down here and Open carry in downtown Birmingham and fight the leagal battle. Once the Alabama Courts have ruled on it and declared it legal I will then open carry.

    As for now, I can't afford the legal fees.
    AG opinions don't expire. They may get overruled by a newer AG opinion, or they may become defunct if newer law usurps the opinion, and that's about it. As of now, that's the most current AG opinion, and it WILL hold its weight in a court case, as the law hasn't changed to the point of nullifying the opinion.

    If you want a newer one, ask your legislator to request one.

    Fly me to Birmingham, and I'll OC with you. I've actually got friends in the area that wouldn't mind tagging along once I'm there.

    By the way, what exactly do you think that you'll be charged with for open carry?

  11. #10
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    You are correct that if it wasn't over-ruled then you can open carry in Alabama as long as you are on foot. I am not disputing that OC is not illegal in Alabama.

    As far as what you would be charged with would depend on the Officer.

    But it could be Brandishing, illegal possesion of a firearm etc.... you would probably eventually win. I am just saying that I don't want to be the the test case.

    I just want everyone to know that if you OC in Alabama expect to be confranted by LEO's and they might not be friendly and probably won't know the law.


    Quote Originally Posted by zigziggityzo View Post
    AG opinions don't expire. They may get overruled by a newer AG opinion, or they may become defunct if newer law usurps the opinion, and that's about it. As of now, that's the most current AG opinion, and it WILL hold its weight in a court case, as the law hasn't changed to the point of nullifying the opinion.

    If you want a newer one, ask your legislator to request one.

    Fly me to Birmingham, and I'll OC with you. I've actually got friends in the area that wouldn't mind tagging along once I'm there.

    By the way, what exactly do you think that you'll be charged with for open carry?
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

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    Ex Member Array zigziggityzo's Avatar
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    Quote Originally Posted by pgrass101 View Post
    You are correct that if it wasn't over-ruled then you can open carry in Alabama as long as you are on foot. I am not disputing that OC is not illegal in Alabama.

    As far as what you would be charged with would depend on the Officer.

    But it could be Brandishing, illegal possesion of a firearm etc.... you would probably eventually win. I am just saying that I don't want to be the the test case.

    I just want everyone to know that if you OC in Alabama expect to be confranted by LEO's and they might not be friendly and probably won't know the law.
    And if you get harassed by the Opinion Enforcement Officers then you probably have yourself a color of law civil rights violation ( Federal Bureau of Investigation - Civil Rights - Color of Law ) And will soon after have yourself a brand new very large safe full of brand new carry pieces.

  13. #12
    Senior Member Array BamaSteve's Avatar
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    Not to mention all the legal fees associated with defending yourself. Personally, I just think it's too risky. I'll let someone else take a chance, I'm not willing to bet my and my family's safety on my pride.
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    Member Array tflhndn's Avatar
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    Quote Originally Posted by fox2102 View Post
    He said "It goes against everything this state stands for."
    When this comes out of someone's mouth when referring to the law, it usually means they have no idea what they are talking about.

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    Ex Member Array PNUT's Avatar
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    That security guard should know the laws, instead of enforcing his opinions. I don't see how you'd even end up in court anyway, there's no law broken. The only costs would be the costs incurred in your suit.

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    Yeah, the gentleman was in error although you were wise to not debate the issue and simply move on. No harm done, aside from some personal pride. Here in Arizona, it’s not uncommon to encounter an open carry citizen once or twice a week. We still have that old-west mindset, so nobody really gets alarmed, just like it should be across our nation. Even when there is a winter visitor from Canada or elsewhere, the person will see a person with a sidearm, and look around at other people who are not reacting, and then they see it’s no big deal.
    Regards,

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