Alabama SB286 (Substitued) Signed by Gov. Bentley

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Thread: Alabama SB286 (Substitued) Signed by Gov. Bentley

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    Member Array Bhamrichard's Avatar
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    Alabama SB286 (Substitued) Signed by Gov. Bentley

    Yes, this will be a long post!

    Ok so the Alabama House and Senate concur, and Bentley signs off on the new gun laws for Alabama, effective August 1, 2013. What ARE these new laws?

    First, IANAL, clear on that one? Strictly a layman and just trying to make sense of it all, but from what I can gather.

    1. Alabama strengthens state preemption of firearms laws, to include now ammunition and accessories. Cities etc can still pass discharge of a firearm laws.

    (c) It shall be a rebuttable presumption that the mere carrying of a visible pistol, holstered or secured, in a public place, in and of itself, is not a violation of thissection.
    2. Open carry's legality is affirmed in this new law, i.e. no disorderly conduct charges for it (See above).

    Except as otherwise provided in this article, no person shall carry a pistol about his person on premises private property not his own or under his control unless the person possesses a valid concealed weapon permit or the person has the consent of the owner or legal possessor of the premises;
    3. This changes §13A-11-52 which now says I can walk into property I don't own, with a concealed weapon, with a permit, or permission. Complete reversal of the old "premises not his own" section.

    (2) CRIME OF VIOLENCE. "Crime of violence" shall also mean any Class A felony or any Class B felony that has as an element serious physical injury, the distribution or manufacture of a controlled substance, or is of a sexual nature involving a child under the age of 12.
    4. Crimes of violence, new prohibited classes added to the list.

    §13A-11-73."No (a) Except on land under his or her control or in his or her own abode or his or her own fixed place of business, no person shall carry a pistol in any vehicle or concealed on or about his or her person except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided permit
    5. Open carry in a vehicle is still prohibited, you CAN now transport a firearm, unloaded, and locked outside of the drivers, or passengers reach. Previously you could not have even an unloaded/locked firearm except under very limited conditions.

    §13A-11-75."(a)(1)a. The sheriff of a county, upon the application of any person residing in that county, within 30 days from receipt of a complete application and accompanying fee, shall issue
    6. Ok, now we're shall issue, unless the sheriff can show good reason on an appeal, in front of a circuit judge, why you shouldn't get a permit.

    §13A-11-85."(a) A person licensed to carry a handgun in any state whose laws recognize and give effect in that state to a license issued under the laws of the State of Alabama shall be authorized to carry a handgun in this state.
    7. Alabama will recognize a valid concealed firearm permit from any state? This gets confusing cause a later section says the Attorney General can enter into reciprocal agreements. But this section seems to indicate there is no reason to do so, we already take them all? No?

    (b) A public or private employer may not restrict or prohibit the transportation or storage of a lawfully possessed firearm or ammunition in an employee’s privately owned motor vehicle while parked or operated in a public or private parking area
    8. The so-called, parking lot bill. There are some limits, must be not visible, etc, long guns allowed during hunting season if you have a valid hunting permit. Long guns, thusly stored MUST BE unloaded.. and other fluff N bs put into this provision.

    (a) In addition to any other place limited or prohibited by state or federal law, a person, including a person with a permit issued under Section 3A-11-75(a)(1) or recognized under Section 13A-11-85, Code of Alabama 1975, may not knowingly possess or carry a firearm in any of the following places without the express permission of a person or entity with authority over the premises:


    (1) Inside the building of a police, sheriff, or highway patrol station.

    (2) Inside or on the premises of a prison, jail, halfway house, community corrections facility, or other detention facility for those who have been charged with or convicted of a criminal or juvenile offense.

    (3) Inside or on the premises of a facility which provides inpatient or custodial care of those with psychiatric, mental, or emotional disorders.

    (4) Inside a courthouse, courthouse annex, a building in which a District Attorney's office is located, or a building in which a county commission or city council is currently having a regularly scheduled or specially called meeting.

    (5) Inside any facility hosting an athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education,unless the person has a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85.

    (6) Inside any facility hosting a professional athletic event not related to or involving firearms, unless the person has a permit issued under Section 13A-11-75(a)(1)or recognized under Section 13A-11-85.
    9. Creates new prohibited areas, jail, sheriffs office, courthouse, city hall, halfway house, mental institution etc etc.. Further, no carrying of a firearm at any sporting event without a permit, no carrying into a elementary or secondary school without a permit.

    10. Grants the ability to renew your pistol permit, for up to 5 year terms.. this part I like, that yearly trek to the Sheriff's office was a pain.

    Am I reading/interpreting all this even reasonably close? There are other interesting sections, and i may expound on them later, but my eyeballs are crossed right now :)
    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.

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    VIP Member Array smolck's Avatar
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    Did the signed bill not include the state making it illegal for law enforcement to enforce federal gun control? Pretty sure that was part of this too.
    As Benjamin Franklin left the hall in Philadelphia, he was asked, “What kind of government have you given us, Dr. Franklin?” He replied: “A republic, if you can keep it.”

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    VIP Member Array ccw9mm's Avatar
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    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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    VIP Member Array high pockets's Avatar
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    Quote Originally Posted by Bhamrichard View Post
    ...
    7. Alabama will recognize a valid concealed firearm permit from any state? This gets confusing cause a later section says the Attorney General can enter into reciprocal agreements.

    But this section seems to indicate there is no reason to do so, we already take them all? No?
    I think you have misinterpreted this clause. My interpretation is that Alabama will honor any state permit whose state honors Alabama's.
    "If you make something idiot proof, someone will make a better idiot."

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    Member Array Bhamrichard's Avatar
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    Quote Originally Posted by smolck View Post
    Did the signed bill not include the state making it illegal for law enforcement to enforce federal gun control? Pretty sure that was part of this too.
    I don't believe so, if I understand correctly, that was a separately introduced bill on its own.
    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.

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    Member Array Bhamrichard's Avatar
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    Quote Originally Posted by high pockets View Post
    I think you have misinterpreted this clause. My interpretation is that Alabama will honor any state permit whose state honors Alabama's.
    Mr. Pockets, you sir, are absolutely correct. Thanks for pointing out my oversight. I admit after my eyes glazed over... I kinda lost my train of thought.
    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.

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    New Member Array JohnpH's Avatar
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    Hi, new here and would just like to add a few thoughts on this. Yes, Alabama does now recognize a CCL from all states. The reason for giving the Attorneys General the power to enter into reciprocal agreements, is that Alabama is ahead of the curve on this one, and there are still states which require agreements for CCL recognition. Also, your wording about open carry in a vehicle is a little off. The best way to think of carrying a loaded handgun in a vehicle in Alabama is to simply think of it as concealed carry. You can have the handgun anywhere in the vehicle, on the seat beside you, in the glove box, worn openly on your hip, but if the handgun is loaded, regardless of location, you must have a CCL.

    A lot of small things are in this bill. A sheriff may no longer place any conditions on the CCL such as "no carry in a bar" "no carry on k-12 school grounds" "this license does not allow you to openly carry like an officer". The section for CCL issuance (13A-11-75) also states that nothing in the section can be construed to limit or place conditions upon a persons right to carry a pistol that is not in a motor vehicle or not concealed. Very strong "open carry is legal" language. Not only does the state preempt local law on firearms, it creates the means for civil liabilities and requires the AG to investigate complaints.

    Thanks for spreading the word!

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    VIP Member Array SmokinFool's Avatar
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    Quote Originally Posted by high pockets View Post
    My interpretation is that Alabama will honor any state permit whose state honors Alabama's.
    I like that one. WV recently passed the same arrangement.

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