OC in Elmore Co. Alabama - Page 2

OC in Elmore Co. Alabama

This is a discussion on OC in Elmore Co. Alabama within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Please be mindful of where you open carry in Alabama. The State does not restrict open carry nor does it expressly grant you the right. ...

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Thread: OC in Elmore Co. Alabama

  1. #16
    Member Array kbox's Avatar
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    Please be mindful of where you open carry in Alabama. The State does not restrict open carry nor does it expressly grant you the right. A such several Municipilaties have an ordinance prohibiting open carry. You can be charged with a misdemeanor.


  2. #17
    Ex Member Array F350's Avatar
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    Quote Originally Posted by kbox View Post
    Please be mindful of where you open carry in Alabama. The State does not restrict open carry nor does it expressly grant you the right. A such several Municipilaties have an ordinance prohibiting open carry. You can be charged with a misdemeanor.
    Do you understand preemption??? Do you understand US law is based on prohibitions NOT permissions, do you understand the difference?

    Last Updated August 17, 2010

    In 1982, Alabama enacted a specific handgun-related preemption statute, Alabama Code 11-45-1.1, which states:

    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.
    The state chose not to restrict open carry; no municipality has the power to do so. Pick a city that bans OC and walk down mainstreet with an open holstered pistol, you probably won't be able to retire but it will make a heck of an initial deposit in an IRA.
    FTG-05 likes this.

  3. #18
    Member Array kbox's Avatar
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    The Code of Alabama does not even discuss open carry. I know the City of Alabaster has an ordinance prohibiting the open carry of guns.

  4. #19
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    As f350 pointed out in bold print. The subject is reserved to the state legislature. By DEFAULT open carry is legal. It does not need to be discussed. Only the state legislature can declare it illegal. The City of Alabaster is prempted by state law NOT PROHIBITING it. The city should be notified that it has an ordinance that is not enforceable.

  5. #20
    Member Array kbox's Avatar
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    Looks to me that it only preempts the municipality from restricting the posession or ownership of a handgun. Not trying to argue, but that's the way it appears to read. I will try to check into it further though.

  6. #21
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    By State law, Municipalities in AL may NOT ADD restrictions to the laws on firearms issued by the STATE. If it is allowed by state, the local governments may NOT disallow it. State law allows Open Carry by NOT disallowing it. That is how laws work, they disallow things, if the thing is not mentioned, it is allowed by ommision.

  7. #22
    Member Array kbox's Avatar
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    Gotcha. I'll try to find out what the deal is. Thanks for every ones info.

  8. #23
    Senior Member Array mano3's Avatar
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    I'm glad you addressed this Monkeytown. I live in Wetumpka and have had the same questions regarding what my permit states vs. what the statute states. I wished Sherriff Franklin had cleared up the loopholes in your discussion with him though; i.e.: CC in government buildings, schools and a restaurant that serves alcohol.

    PS: Sherriff Franklin does a good job IMHO.
    US Air Force, 1986 - 2007

    "To disarm the people is the best and most effective way to enslave them..." George Mason

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  9. #24
    Member Array FTG-05's Avatar
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    Here's an excellent resource on all things about OC in the state of AL:

    Alabama Open Carry site: Welcome To Alabama Open Carry!

    Alabama Open Carry forum: Alabama Open Carry Community - Index

    My '04 and '05 AL permit both have the "this does not permit you to carry a gun openly as an officer" note on it. My 2011-2012 permit does not. Both were signed by Sheriff Blake Dorning. So there is hope in getting this deliberately misleading statement off of AL pistol permits.

    Good luck with your Alabama open carrying!

  10. #25
    Member Array rolltide13's Avatar
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    I've got a friend who knows Ted sexton in Tuscaloosa county well, I'll try to get his take in the matter and post it here soon
    1 gun 1 reload 1 knife
    If 27 .40cal Hornady Critical Defense cant save me, only God can.

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