No Open Carry with CCW Permit in Alabama??

No Open Carry with CCW Permit in Alabama??

This is a discussion on No Open Carry with CCW Permit in Alabama?? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I ran across this video today in which a former law enforcement official claims that if you have a CCW permit you cannot legally open ...

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Thread: No Open Carry with CCW Permit in Alabama??

  1. #1
    New Member Array 5spdvr6's Avatar
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    No Open Carry with CCW Permit in Alabama??

    I ran across this video today in which a former law enforcement official claims that if you have a CCW permit you cannot legally open carry. I have never heard this and I frequently open carry in Alabama, as it is legal. I have looked into the state laws, and can't find anywhere where it states that you can only open carry if you do not have your CCW or that having a CCW negates your ability to open carry legally. To me it doesn't make sense that one could ONLY open carry if they don't have a CCW and someone with a CCW could not open carry because they have obtained a permit to conceal. I do have my CCW permit and do not wish for any trouble with law enforcement and certainly don't want to be caught uninformed. A link to the video is posted and you can skip to about 1:45 where the discussion on concealed carry starts. Conceal Carry Questions Answered - Video | al.com

    Thanks in advance to anyone who can share their knowledge with me.

    Bryan


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    I've never heard of that before, I do know that you have to conceal in a vehicle
    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. (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 175; Acts 1947, No. 616, p. 463, 3; Acts 1951, No. 784, p. 1378; Acts 1956, 2nd Ex. Sess., No. 43, p. 336; Code 1975, 13-6-153.)
    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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    New Member Array 5spdvr6's Avatar
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    Quote Originally Posted by pgrass101 View Post
    I've never heard of that before, I do know that you have to conceal in a vehicle
    I keep it on me in the car because of my CCW permit

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    VIP Member Array oakchas's Avatar
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    former law enforcement official
    Maybe that's why... I don't think he knows the law... But, he's on the bandwagon with his own "Tactical" business... Managing Partner... His wife is probably the Investing Partner...

    sheesh...

    A plethora of experts in the world today...
    Rats!
    It could be worse!
    I suppose

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    He does not know what he is talkiing about, as for the previous poster about the Tactical business, it is not really a Tactical business it is the big local gun store here, no training other than an indoor range where you can rent guns etc. It is just a business that sells "Tactical Firearms" that is located in Hoover AL. Bout the only place you can get some weapons.

    You NEED a CCP (concealed carry permit) in AL to carry your weapon in your vehicle (open or concealed) therefore, although AL is technically an open carry state (there is NO law prohibiting open carry), if you want to GO anywhere while OC you must purchase your CCP from the sheriff so that you can have the weapon in your vehicle. I think the guy in the video is taking some of his ideas from what SOME sheriffs put on the back of the CCP (not all counties have the same wording etc heck some laminate, some do not, I know of one person whose permit is a typed note card with the sheriff's signature on the back, my wife's used to be a receipt out of a receipt book like what you buy at Office Depot, signed by the sheriff.) I believe that Jefferson Co. used to have wording on the back of the permit that said "This permit does not grant the ability to open carry your firearm" or some such nonsense....of course the permit doesn't it is the State Constitutuion of AL that grants that ability.

    I know some sheriffs put restrictions about all sorts of things. Some even put that the permit is not good anywhere but in AL (no reciprocity).
    Last edited by Ogre; October 18th, 2012 at 04:13 PM. Reason: Calrification
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    You can carry a pistol in a vehicle in Alabama without a permit, you just have to follow the federal firearm transport requirements. I.E the firearm is unloaded and locked out of reach.

    Yeah some sheriffs put restrictions about carrying in places that serve alcohol, for Alabama only, etc...
    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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    Quote Originally Posted by pgrass101 View Post
    You can carry a pistol in a vehicle in Alabama without a permit, you just have to follow the federal firearm transport requirements. I.E the firearm is unloaded and locked out of reach.

    Yeah some sheriffs put restrictions about carrying in places that serve alcohol, for Alabama only, etc...
    The FFT has not been tried in AL. I believe that AL only recognizes that for A: out of state "visitors" and or drive throughs; B: when transporting to or from a place of repair/purchase. In otherwords, according to a judge friend of mine, you cannot get around the need for a CCP by using FFT rules, you cant FFT to a store, take out the gun and open carry. You must be driving THROUGH the state or carrying the weapon to or from a place of repair or purchase

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    I agree on the store part, but I also heard (also form a retired judge friend on mine) that you could carry your pistol in your car to and from a firing range, fishing or hunting. But he did specify that if you cannot have the pistol in a motorized boat without a permit (I assume it also applies to an ATV for hunting).

    But you are right that this is one of the many gray areas in Alabama law
    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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    Sounds like AL needs to sit down and get its act together in regards to OC/CC and transporting to/from versus concealing for the sake of concealing.
    Retired USAF E-8. Lighten up and enjoy life because:
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    Yup and the gray areas are where you hope you get a judge (or preferably LEO) with similar views as your own when the issue comes up. I know some who have had issue with how certain LEA (notibly Birmingham area, which btw is where Hoover Tactical is) view OC. They refuse to accept that it IS legal since we, as citizens have been, erroneously, indoctrinated that OC is illegal for anyone other than LEO. I hear all the time that OC "ain't legal, never was..." just because some local yokel told them it was illegal, despite the AL constitution prohibiting local governments from making any laws concerning firearms.

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    Quote Originally Posted by OldVet View Post
    Sounds like AL needs to sit down and get its act together in regards to OC/CC and transporting to/from versus concealing for the sake of concealing.
    NO doubt, there are oddly worded parts of the AL code, and outright contridictory parts. We have tried to get legislation through which would basically make your vehicle an extension of your house (thus no permit to carry in your car); among other issue, such as desparity between counties as to AGE for getting your CCP, and any restrictions that sherriff may want to impose.

    On another note, albeit similar, there is even arguments (AMONG LEA's etc even) asto what constitutes a vehicle for the purposes of the CCP. The wording of the law says that you must have a CCP to carry IN a vehicle. Some LEAs and courts have stated that the IN (OR ON) is implied. Others argue that you cannot be IN a motorcycle so you do not need a CCP to carry while operating a bike. I err on the side of caution in all counts and have a ccp even though I rarely drive, I usually ride (20k mi/year on my bike vs less than 7k per year in the Jimmy)

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    Yeah I tell people if the choose to exercise their right to OC in B'ham, Huntsville or Montgomery be prepared to wind up face down on the sidewalk with a Glock Q-tip.


    You will win in court but be prepared to go to jail, have your pistol seized and get a little roughed up
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    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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