Open carry in Alabama - Page 2

Open carry in Alabama

This is a discussion on Open carry in Alabama within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by imthduke It is not illegal to open carry, however, I will tell you that the local laws will trump whatever State law ...

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Thread: Open carry in Alabama

  1. #16
    Member Array Monkeytown's Avatar
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    Quote Originally Posted by imthduke View Post
    It is not illegal to open carry, however, I will tell you that the local laws will trump whatever State law they want. In my county the sheriff is a personal friend and tells me that his people will disarm anyone open carrying. If you want to litigate that, then find you a lawyer that will take it, mark off lots of time for a drawn out court case, pay your lawyer mega bucks and take your best shot.

    Let me know when you get your retirement money.
    This is actually incorrect. The AL state constitution explicitly prohibits local and county governments from overrtulling the State laws regarding firearms, with the exception of issuing permits.
    smolck likes this.
    "Any society that would give up a little liberty to gain a little security will deserve neither and lose both." Benjamin Franklin

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  2. #17
    Senior Member Array imthduke's Avatar
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    This is actually incorrect. The AL state constitution explicitly prohibits local and county governments from overrtulling the State laws regarding firearms, with the exception of issuing permits.
    No...this is actually correct according the the Sheriff of St Clair county. And also, with that exception of issuing permits....the municipality that issues the permit will decide the perimeters of that permit. I did not say that it was right.....just what the Sheriff informed me as to what he would do....now if you want to test it....Contact Captain Garrett of the St. Clair Sheriff Office and make an appointment.

    I just spoke to the Sheriff's office....Captain Garret that is second in command and actually runs the operation...He assured me again that their municipality would enforce their code....you will not be allowed to open carry on public property. Send me a PM....for his phone # if you wanna check the infor.
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  3. #18
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by imthduke View Post
    No...this is actually correct according the the Sheriff of St Clair county. And also, with that exception of issuing permits....the municipality that issues the permit will decide the perimeters of that permit. I did not say that it was right.....just what the Sheriff informed me as to what he would do....now if you want to test it....Contact Captain Garrett of the St. Clair Sheriff Office and make an appointment.

    I just spoke to the Sheriff's office....Captain Garret that is second in command and actually runs the operation...He assured me again that their municipality would enforce their code....you will not be allowed to open carry on public property. Send me a PM....for his phone # if you wanna check the infor.


    But since you dont need a permit to Open Carry in Alabama it doesnt matter what the parameters of the permit are when your are open carrying do they?
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  4. #19
    Senior Member Array imthduke's Avatar
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    What I am saying....is the municipalities will enforce their code, however they want. I only know of the municipality of St. Clair county and they tell me many counties will do the same.

    Here is what the Sheriff told me..."If I see a person open carrying on public property, I will ask if he has a CC permit. If he says yes, I will tell him to conceal his weapon. If he says, no I will tell him to take that weapon back on his own property. If he refuses, I will arrest him for disorderly conduct and take his weapon.

    Here is the thing to remember...the man with the badge always has the high ground. Right or wrong it is what it is. Now, if you want to test that in court as others have said, and you have nothing better to do and bucks to spend....knock yourself out. I am just telling you...if you come to St Clair county...you will not be allowed to open carry. As a matter of fact, the Sheriff told me Alabama was not an open carry State. As I said before, Captain Garrett of the St. Clair Sheriff Department will be glad to discuss this with you and confirm this...I can give you his phone #.
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  5. #20
    Member Array Monkeytown's Avatar
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    Quote Originally Posted by imthduke View Post
    What I am saying....is the municipalities will enforce their code, however they want. I only know of the municipality of St. Clair county and they tell me many counties will do the same.

    Here is what the Sheriff told me..."If I see a person open carrying on public property, I will ask if he has a CC permit. If he says yes, I will tell him to conceal his weapon. If he says, no I will tell him to take that weapon back on his own property. If he refuses, I will arrest him for disorderly conduct and take his weapon.

    Here is the thing to remember...the man with the badge always has the high ground. Right or wrong it is what it is. Now, if you want to test that in court as others have said, and you have nothing better to do and bucks to spend....knock yourself out. I am just telling you...if you come to St Clair county...you will not be allowed to open carry. As a matter of fact, the Sheriff told me Alabama was not an open carry State. As I said before, Captain Garrett of the St. Clair Sheriff Department will be glad to discuss this with you and confirm this...I can give you his phone #.


    I referenced the Alabama State Constitution, below is the section of the code I meant to reference. It seems we may be on the same page. As you state above the Sheriff can arrest you for disorderly conduct as you stated, but not for carrying an exposed firearm. That is my point, municipalities, counties, etc. cannot overrule the State law regarding handguns.

    http://www.handgunlaw.us/states/alabama.pdf

    See the top of page 4.

    I have no interest in talking to the Sheriff's Dept. in St. Clair as I will prolly never be there. I do not open carry anyway b/c the law is ambiguous at best. In regards to your text I put in bold above...I agree 100%!
    "Any society that would give up a little liberty to gain a little security will deserve neither and lose both." Benjamin Franklin

    Steps in the stripping of State's Rights/Sovereignty
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  6. #21
    Senior Member Array rmodel65's Avatar
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    i guess the sheriff will be setting himself up for a federal civil rights lawsuit like this one

    http://www.georgiacarry.com/county/p..._complaint.pdf
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  7. #22
    Senior Member Array imthduke's Avatar
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    I shall deliver the above to the Sheriff's Department today.....I wanna get their response....I will post it.
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  8. #23
    Senior Member Array DocT65's Avatar
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    Open carry is LEGAL in Alabama.......period.

    Alabama Code specifically cites that open carry is legal, with only a few profited areas. Property owners may post signage prohibiting weapons and these must be heeded. You are required to have a CC permit if you carry a handgun in a vehicle. Otherwise, you can walk down any public street in Alabama while openly carrying a weapon. If you are confronted by law enforcement ignorant to the law, don't fight the issue. Comply with the request and use legal channels and the courts to voice your complaint. The law is clear.
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  9. #24
    VIP Member Array smolck's Avatar
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    Quote Originally Posted by imthduke View Post
    No...this is actually correct according the the Sheriff of St Clair county.
    Nope, State law trumps local law just as mokeytown stated. It is in the Alabama State Laws and says so clearly and plainly.

    State Preemption
    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,
    Section 11-80-11
    Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General.
    (a) No county or municipal corporation, instrumentality, or political subdivision thereof, by
    ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession,
    ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms,
    ammunition, components of firearms, firearms dealers, or dealers in firearm components.

  10. #25
    Member Array FTG-05's Avatar
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    Quote Originally Posted by imthduke View Post
    I shall deliver the above to the Sheriff's Department today.....I wanna get their response....I will post it.
    So where's the response?

  11. #26
    Member Array Busby's Avatar
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    I am glad I moved to Georgia ten years ago.

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