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Open Carry Issues & Discussions Discussion regarding open carry in those States where it is legal to do so. This is not a place to debate the virtues of open vs concealed carry.

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Old May 11th, 2009, 07:57 PM   #1
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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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Old May 11th, 2009, 10:54 PM   #2
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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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Old May 11th, 2009, 11:04 PM   #3
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did u happen to be in Huntsville??
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Old May 11th, 2009, 11:22 PM   #4
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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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Old May 12th, 2009, 04:23 PM   #5
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did u happen to be in Huntsville??
Nope.

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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.

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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Old May 12th, 2009, 04:52 PM   #6
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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.
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Old May 12th, 2009, 04:57 PM   #7
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Open carry would be nice though
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Old May 12th, 2009, 06:04 PM   #8
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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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Old May 13th, 2009, 04:52 PM   #9
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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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Old May 13th, 2009, 05:00 PM   #10
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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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