open carry in AL & attorney general opinions

This is a discussion on open carry in AL & attorney general opinions within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; hey guys i got a question for yall. on handgunlaw.us they list an AG opinion regarding open carry and i understand the language in the ...

Page 1 of 3 123 LastLast
Results 1 to 15 of 31

Thread: open carry in AL & attorney general opinions

  1. #1
    Member Array rolltide13's Avatar
    Join Date
    Apr 2010
    Location
    Alabama
    Posts
    120

    open carry in AL & attorney general opinions

    hey guys i got a question for yall.

    on handgunlaw.us they list an AG opinion regarding open carry
    and i understand the language in the letter as it is quite clear.
    my only question is the fact that the opinion is dated 1984.

    Q: Would the AG's open carry opinion dated 1984 still hold precedent today after almost 30 years?
    Last edited by JD; September 11th, 2010 at 09:03 PM. Reason: Removed language violation.

  2. Remove Ads

  3. #2
    Moderator
    Array gasmitty's Avatar
    Join Date
    Jun 2007
    Location
    Gilbert, AZ
    Posts
    10,096
    It will only cost you a phone call or a letter to the AG to find out.
    Smitty
    NRA Endowment Member

  4. #3
    Senior Member Array Moga's Avatar
    Join Date
    Mar 2006
    Location
    Roswell, GA
    Posts
    738
    I don't believe so. My understanding is that those opinions are not binding. They merely state the opinion of the writer on the matter under discussion.
    2nd Amendment: because personal violence never makes an appointment.
    Evil resides in the heart of the individual, not in inanimate objects.
    Proud Member of GeorgiaCarry.Org

  5. #4
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    15,880
    An opinion is only an opinion, but who's to say it's not the current AG's opinion also? Contact the AG's office for a current status.
    Retired USAF E-8. Remember: You're being watched!
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  6. #5
    Member Array MSteve's Avatar
    Join Date
    Apr 2010
    Location
    Alabama
    Posts
    414
    You should check out OCDO and/or alabamaopencarry.com for very thorough discussions on this. MY anecdotal and non-attorney understanding only: The opinion is based on case law that would imply it is perfectly legal for you to OC, based on the fact that there is no AL law prohibiting it (though having it in you vehicle without a permit would still be illegal unless going between you home and place of business). There are some counties where people (on the forums mentioned above) claim you can do it with no LEO issues, and others where they will actively harrass you and may/may not confiscate your weapon in the process. My suggestion would be to contact you local law enforcement and ask about it. Chances are you'll get a non-commital response, but it couldn't hurt.
    AlabamaConstitution of 1819: That every citizen has a right to bear arms in defence of himself and the state.
    The world doesn't owe you anything. It was here first.-Mark Twain
    "Life's tough. It's tougher if you're stupid."-John Wayne
    Sig P228; Micro Desert Eagle; S&W M&P Compact .357 sig

  7. #6
    Member Array MSteve's Avatar
    Join Date
    Apr 2010
    Location
    Alabama
    Posts
    414
    Quote Originally Posted by OldVet View Post
    An opinion is only an opinion, but who's to say it's not the current AG's opinion also? Contact the AG's office for a current status.

    That would seem like a great solution, but our AG will not offer opinions or comments on exsisting opinons to citizens, only state employees in their official capacity.
    AlabamaConstitution of 1819: That every citizen has a right to bear arms in defence of himself and the state.
    The world doesn't owe you anything. It was here first.-Mark Twain
    "Life's tough. It's tougher if you're stupid."-John Wayne
    Sig P228; Micro Desert Eagle; S&W M&P Compact .357 sig

  8. #7
    Moderator
    Array gasmitty's Avatar
    Join Date
    Jun 2007
    Location
    Gilbert, AZ
    Posts
    10,096
    Quote Originally Posted by MSteve View Post
    That would seem like a great solution, but our AG will not offer opinions or comments on exsisting opinons to citizens, only state employees in their official capacity.
    Then this is a perfect opportunity to introduce yourself to your nearest state legislator, and let him/her know you would like a current opinion on the subject from the AG. In my old state (CT) once the request was made, the legislator typically turned the question over to the 'Office of Legislative Research (OLR)" whose job it was to objectively get data from whatever state agencies or officials were necessary. Alabama may have a similar group, but regardless, the request starts with a legislator. If not your own, then there must be at least one sympathetic one known to a RKBA-rights group in your state.
    Smitty
    NRA Endowment Member

  9. #8
    New Member Array Win73's Avatar
    Join Date
    Mar 2010
    Location
    Alabama
    Posts
    7
    I am not a lawyer either but I live in Alabama. When I get my permit renewed each year, the sheriff always tells me it has to be concealed. Also on the back of my permit it states "This pistol permit does not permit you to carry a gun openly."

  10. #9
    Ex Member Array LCDR's Avatar
    Join Date
    Sep 2010
    Location
    Whidbey Island, WA
    Posts
    35
    Quote Originally Posted by Win73 View Post
    Also on the back of my permit it states "This pistol permit does not permit you to carry a gun openly."
    That would be a correct statement. The pistol permit has NOTHING to do with OPEN carry! What permits you to open carry is the fact that there are no statutes prohibiting it AND the fact that the state has preempted firearms laws making illegal for a local government or government official to prohibit open carry in areas not prohibited by state law.

  11. #10
    Member Array rolltide13's Avatar
    Join Date
    Apr 2010
    Location
    Alabama
    Posts
    120
    Quote Originally Posted by Win73 View Post
    I am not a lawyer either but I live in Alabama. When I get my permit renewed each year, the sheriff always tells me it has to be concealed. Also on the back of my permit it states "This pistol permit does not permit you to carry a gun openly."
    im in tuscaloosa county and on my permit it says nothing about open carry and i wasnt told anything about oc when i initially received it. to my knowledge alabama has no specific statute regarding open carry

  12. #11
    Distinguished Member Array Tally XD's Avatar
    Join Date
    Feb 2008
    Location
    Tallahassee, FL
    Posts
    1,831
    You guys really need to start a push. Right now there is no law against it. So that means that almost all law enforcement agencies will automatically say it is against the law. This itself is illegal however, they are the ones holding the punishment ready and you are the one who has to cough up the money to fight it in a court case. Fight it now while it is free to do so.
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

  13. #12
    VIP Member Array automatic slim's Avatar
    Join Date
    Jul 2008
    Location
    The western edge of The Confederacy
    Posts
    2,198
    You can open carry in states that specifically allow it, or have no law prohibiting it. Alabama is not one of them. The AG's opinion is not law, only the legislature can pass or rescind a law.
    "First gallant South Carolina nobly made the stand."
    Edge of Darkness

  14. #13
    Distinguished Member Array Tally XD's Avatar
    Join Date
    Feb 2008
    Location
    Tallahassee, FL
    Posts
    1,831
    Quote Originally Posted by automatic slim View Post
    You can open carry in states that specifically allow it, or have no law prohibiting it. Alabama is not one of them. The AG's opinion is not law, only the legislature can pass or rescind a law.
    I read Alabama law and I found no law that specifically is against open carry. Can you supply your source for your findings? I have found the following and it appears that you are correct.

    I have found the following:

    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.
    (Acts 1919, No. 204, p. 196; Code 1923, 3487; Code 1940, T. 14, 163; Code 1975, 13-6-122.)


    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.
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

  15. #14
    Member Array Bhamrichard's Avatar
    Join Date
    Mar 2010
    Location
    Birmingham, AL.
    Posts
    234
    Quote Originally Posted by automatic slim View Post
    You can open carry in states that specifically allow it, or have no law prohibiting it. Alabama is not one of them. The AG's opinion is not law, only the legislature can pass or rescind a law.
    Open carry is perfectly legal in Alabama, though in various jurisdictions you may catch some flak about it, as its not particularly common place.
    We hold these truths to be self-evident, that all men are created equal...

    Alabama Constitution of 1901 - That every citizen has a right to bear arms in defense of himself and the state.

  16. #15
    Distinguished Member Array Tally XD's Avatar
    Join Date
    Feb 2008
    Location
    Tallahassee, FL
    Posts
    1,831
    Quote Originally Posted by Bhamrichard View Post
    Open carry is perfectly legal in Alabama, though in various jurisdictions you may catch some flak about it, as its not particularly common place.
    Again, that is what I thought at first. Can you provide the statute that allows for, or does not prohibit the open carrying of a firearm/handgun?
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

Page 1 of 3 123 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. My General Observations Regarding Open-Carry (in Minnesota)
    By ecrist in forum Open Carry Issues & Discussions
    Replies: 21
    Last Post: July 16th, 2010, 09:15 PM
  2. Does your Attorney General get it? Mine does
    By oneshot in forum The Second Amendment & Gun Legislation Discussion
    Replies: 15
    Last Post: July 20th, 2009, 10:49 AM
  3. 23 State Attorneys General To Attorney General Holder: "No Semi-Auto Ban"
    By Chroode in forum The Second Amendment & Gun Legislation Discussion
    Replies: 45
    Last Post: June 15th, 2009, 03:05 AM
  4. New Attorney General ??? (Merged)
    By jfl in forum The Second Amendment & Gun Legislation Discussion
    Replies: 40
    Last Post: November 26th, 2008, 01:15 AM
  5. New DC Attorney General fires lead attorney in Heller case
    By Scott in forum The Second Amendment & Gun Legislation Discussion
    Replies: 8
    Last Post: January 4th, 2008, 01:17 AM

Search tags for this page

al open carry
,

alabama attorney general open carry

,

alabama attorney general opinion open carry

,
alabama attorney general opinions
,
alabama code 1975 11-45-1.1
,

alabama open carry

,

attorney general opinion on open carry in al

,
code of ala 13-6-153
,
code of alabama open carry
,
looney vs. state of alabama
,
open carry alabama
,
open carry huntsville al
Click on a term to search for related topics.