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; Just thought I would post up with what I was told last may when I renewed my CCW. I renewed at the Sheriffs department, and ...

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Thread: Open carry in Alabama

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    New Member Array djeffreys10's Avatar
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    Open carry in Alabama

    Just thought I would post up with what I was told last may when I renewed my CCW. I renewed at the Sheriffs department, and asked what the law was on open carry. I have not been able to find anything forbiding it, but my CCW specifically states that it does not permit you to carry a gun openly.

    The people at the Sherifs department told me that it was not illegal, but it would get me harassed by the cops and likely arested. So, I told her that she was basically saying that my open carrying would get me an early retirement. When she asked what I meant, I told her that, if I am not breaking a law, and I get arrested, I will be suing for false arrest and retireing on the money. She then went on to point out that the sherrif does have the descretion to revoke a CCW, and if someone holding a CCW is caught carrying openly, he will revoke your liscence and not grant you another one. (Alabama is a may issue, not a shall issue state).

    Just thought I would post that up.

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    VIP Member Array TN_Mike's Avatar
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    There are a few things that I miss about living in Alabama, but the stupid "may issue" crap isn't on of them.
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    Senior Member Array bigo5552000's Avatar
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    did u happen to be in Huntsville??
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    Senior Member Array imthduke's Avatar
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    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.
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    New Member Array djeffreys10's Avatar
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    Quote Originally Posted by bigo5552000 View Post
    did u happen to be in Huntsville??
    Nope.

    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.

    That is the reason that I ask. If I am arrested for something that there is no law against, a lawsuit would be in order. Enough money to retire on would be an exageration, but winning a lawsuit should be easy for any lawyer worth their salt.

    Personally, any kind of legal trouble would be detrimental to my carreer (some positions require a DoD security clearance), and I prefer to carry concealed anyway. So I just do that. But I would like to be able to exercise my right to carry without being hassled just because the gun happens to not be covered up.

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    This is what I tell folks about open carrying in Alabama. It's not illegal if you are on foot, but expect to wind up kissing the ground with a Glock Q-tip when the local police show-up.

    You would probably win a lawsuit, but I can not afford the legal fees, nor the time off work that it would take to fight it.
    Sometimes I wonder who the old man in the mirror is....

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    Member Array Tombstone55's Avatar
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    Open carry would be nice though

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    Senior Member Array BamaSteve's Avatar
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    Quote Originally Posted by pgrass101 View Post
    This is what I tell folks about open carrying in Alabama. It's not illegal if yo are on foot, but expect to wind up kissing the ground with a Glock Q-tip when the local police show-up.

    You would probably win a lawsuit, but I can not afford the legal fees, nor the time off work that it would take to fight it.
    exactly...I believe this is where a lot of people in bama stand on the issue...sure would be nice if they would address this and go to a "shall issue" state
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    Member Array Dakota97's Avatar
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    Quote Originally Posted by BamaSteve View Post
    exactly...I believe this is where a lot of people in bama stand on the issue...sure would be nice if they would address this and go to a "shall issue" state
    Unfortunately making it shall issue would not stop the harassment from LEOs for open carrying. While it is "legal" we all know that the LEOs are going to make an issue about it anyway.
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    Senior Member Array BamaSteve's Avatar
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    Quote Originally Posted by Dakota97 View Post
    Unfortunately making it shall issue would not stop the harassment from LEOs for open carrying. While it is "legal" we all know that the LEOs are going to make an issue about it anyway.
    my fault...I meant that to be two separate issues. First I'd like them to establish in writing where they stand on open carry. And second I'd like Alabama to become "shall issue."

    Sorry for the confusion.
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    Senior Member Array imthduke's Avatar
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    Anyone that wants to "case test" the issue of open carry. If you will do it in St Clair County, just because I know the Sheriff, I can get you one of their very best cells while you are waiting to make bail
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    Member Array fox2102's Avatar
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    Yeah i try to avoid open carry too. I have open carried a couple of times late at night at rest stops but it has lead to some issues with one of the secruity guards so now I go concealed all the time

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    Member Array Dakota97's Avatar
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    Quote Originally Posted by BamaSteve View Post
    my fault...I meant that to be two separate issues. First I'd like them to establish in writing where they stand on open carry. And second I'd like Alabama to become "shall issue."

    Sorry for the confusion.
    No confusion and no need for you to apologize. I was just speaking to how ridiculous some of our LEOs act toward something that is legal..
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    Member Array CeltKnight's Avatar
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    I know this is almost a dead thread now, but I thought I'd point out, even if we ever DO get open carry here (and it would be nice) there's the wee issue of this:
    Section 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.

    Without a permit, folks would still not be able to carry on the propety of others or, stragely, in their own vehicles (Section 13A-11-73)!

    Along those lines, it's totally up to the sheriff as to not only IF he issues a license (though one questions whether a sheriff would be re-elected if he didn't issue them pretty regulary), but a sheriff can put pretty much any restrictions (i.e. "qualifications") he wants on a permit ("... may issue a qualified or unlimited license ...").

    Another of our odd laws is no private ownership (for non-LEOs) of short-barreled rifles. Unless, of course, it's a machine gun. So, you can't chop down an H&K 94 into a semi-auto short-barrled rifle, but you CAN own an MP5.

    Personally, I think we need to totally re-vamp the gun laws in Alabama. I don't look for it to happen anytime soon, though, unfortunately. I think guns in vehicles and perhaps OC should be a freebe. A CCW should be on a shall-issue basis and without any of the silly restrictions we find on some permits from some counties.

    For that matter, sex offenders here have to have "SEX OFFENDER" stamped on their license. Let's have "CCW PERMITTED" put, as a matter of course on the license of anyone who is not prohibited from doing so and just call that our permit system. You can be a gun-hating pacifist but as you're BANNED from doing so, you still have the legal right. Convicted of a violent felony? Well, then that license WON'T have that endorsement and we LEOs will know what's up.

    BUT that's just another of the ideas that ensure I'll never be a governor! LOL!!!!

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    Member Array Monkeytown's Avatar
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    This is a hot topic here in Alabama. There was an AG opinion written in 1984 regarding OC, link included in text below. In response to some other threads regarding the OC law in Alabama I sent the following to my State Rep. Barry Mask.

    "Barry,

    First of all, great speech the other day. You made me want to grab my musket and powder horn and go hunting some redcoats!! haha

    I've recently gotten interested in carrying a handgun. I bought a Ruger LCP .380 and obtained my concealed carry permit in Elmore county. Especially since Obama has been in office I have been doing a alot of reading and research on gun laws in Alabama and the U.S. I wanted to say thanks to you and the rest of the House for passing HB225. Do you know when will it be voted on by the Senate?

    I would also like to ask if you would consider looking at the current laws regarding open carrying of firearms in our great state. While all the research I have done indicates that Alabama is in fact, an open carry state, the current laws are confusing at best. Even local law enforcement agencies are unclear or formulate their own opinions that vary from department to department. The laws need to be A LOT clearer on open carry rights.

    I would ask you to consider the following changes, amendments, or additions in a future House Bill:


    1) In clear language. Any person may peaceably openly carry a firearm loaded or unloaded, while on foot, or in public, or in a vehicle.

    2) Repeal the prohibition of carry near or participating in a demonstration (violates the 2nd and 1st amendments of the US constitution.)

    3) Make Alabama a "Shall issue" State instead of a "May issue" State.

    4) No permit needed to openly or concealed carry while in a vehicle, my vehicle is an extension of my home.

    5) Ability to open carry and concealed carry without fear of arbitrary harassment.

    6) Change/Adjust Disorderly Conduct law to read that a person cannot be charged with disorderly conduct for merely open carrying and peaceably open carrying does NOT cause public inconvenience, annoyance or alarm. Basically, disorderly conduct can't be used as a "catch all".

    7) No local government, sheriff etc. can decide differently on state laws - no discretionary requirements.

    8) Remove this, and any such wording on concealed carry permits: "This pistol permit does not permit you to carry a gun openly."

    9) Law Enforcement Officers and Dispatchers should be trained on open carry calls that come in. Before even dispatching officers they should ask questions and determine if further response is needed. Peaceably openly carrying should not justify sending officers.

    10) Peaceably openly carrying does not permit illegal search & seizure. Nor does it grant the right to revoke a concealed carry permit.

    11) Alabama should recognize ALL other States concealed carry permits.

    12) Any person peaceably, legally openly carrying shall not be harassed, detained, incarcerated, refused service or otherwise have their rights violated for merely openly carrying.

    13) Remove 13a-11-52 from the code.

    14) Law enforcement may NOT confiscate or run serial number checks for peaceably open carrying. Nor can they demand a Social Security Number.

    I hope that you would consider most of these proposed changes as worthwhile and a great step forward in insuring our 2nd amendment rights. I have attached a pdf. file to this letter that includes some invaluable information I have gathered while researching this. You can also open it at this link: http://alabamagunrights.org/wp-conte...2/tri-fold.pdf and additional info here: http://www.opencarry.org/"

    and got the following response...

    "Thanks Shaun , I am glad you were there ….Yes , we are trying to get HB225 up for a vote in the senate ……as for “open carry “ I am for it and expect to have bill next year ….I will file your email ….Please stay in touch ….I am sooooo glad to see you so actively participating in the process . Stay engaged , Sincerely Barry"

    Hopefully things will change in AL soon.

    BTW - The text I sent to Rep. Mask was composed by Diagnosis at OpenCarry.org - A Right Unexercised is a Right Lost!, not myself.


    MT
    "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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    1. War of Northern Agression 2. Coersion to ratify the 14th Amendment 3. Ratified 17th Amendment

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