October 28, 2009, 10:18 AM | #1 |
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Alabama Gun Law Question
The Alabama firearms law states that a person may not carry a pistol unto property not under his ownership (private property). The statement is definitive/absolute and there are no allowances addressed except for law enforcement type folks.
MY QUESTION: What if the owner of the private property gives the concealed pistol carrier permission to enter his property with the pistol, then is it legal? I'm not concerned with rifles or shotguns - only handguns. And, I'm not law enforcement. Thanks for any help. |
October 29, 2009, 12:04 AM | #2 |
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i think you answered your own question if its ok with the land/property owner you can carry how ever and what ever u want to
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October 29, 2009, 09:56 AM | #3 | |
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Who told you that is what the law said? You might want to look at the statute posted below. What the law makes illegal is to carry a CONCEALED handgun WITHOUT a license on property other than one's own. You can open carry without a license and you can conceal carry with a license on other's property without breaking the law. 13A-11-73. License to carry pistol; generally. No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided. 13A-11-74. License to carry pistol; exceptions. The provisions of Section 13A-11- 73 shall not apply to marshals, sheriffs, prison and jail wardens and their regularly employed deputies, policemen and other law enforcement officers of any state or political subdivision thereof, or to the members of the army, navy or marine corps of the United States or of the national guard, or to the members of the national guard organized reserves or state guard organizations when on duty or going to or from duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state; provided, that such members are at or are going to or from their places of assembly or target practices, or to officers or employees of the United States duly authorized to carry a pistol, or to any person engaged in manufacturing, repairing or dealing in pistols, or the agent or representative of such person possessing, using, or carrying a pistol in the usual or ordinary course of such business, or to any common carrier, except taxi-cabs, licensed as a common carrier, or to any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper, from the place of purchase to his home or place of business, or to or from a place of repair or in moving from one place of abode or business to another. |
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October 29, 2009, 09:58 AM | #4 | |
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October 29, 2009, 04:03 PM | #5 | |
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October 29, 2009, 04:24 PM | #6 |
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OK. You got me donato. Weird. That section isn't in BATFE's state laws publication, but it is in Alabama's statutes websites. The way I read that, you can't carry anwhere but your own property and on public property. Everywhere else is forbidden with our without owner's permission. So, you can't even carry to Wal Mart or any store or anything like that. Something just doesn't seem right.
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October 29, 2009, 04:30 PM | #7 |
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Here's you answer, donato. The statute I quoted supersedes the statute in question, according to the AL Attorney General's Office. Still weird, though.
http://www.ago.state.al.us/oldopinions/8400205.pdf Which is probably why the statute in question is not in the BATFE's state laws books. |
October 29, 2009, 05:10 PM | #8 |
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OK, thanks.
I'll have to sit a read over it (More than once) and think about it some. - I'm not a legal guy. I'll give you a shout back later. Last edited by donato; October 29, 2009 at 05:20 PM. |
October 29, 2009, 06:49 PM | #9 |
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NavyLT,
Thanks again for your help. See if my thinking is inline with yours; as I've said, I'm no legal person: The statute you quoted in your prior reply (13A-11-73) takes precedence over the one I quoted prior (13A-11-52). Statute 13A-11-73 says that without a license/permit, I can only carry concealed on my own property; however, the statute seems to infer/imply that with a license/permit I can carry on other's property. I'm still not sure about the permission thing though. Or, is the right to do so without permission included within 13A-11-73? In other words, is it granting me the right to carry concealed with a permit and without permission unto others property?? Now, I will add a bit here: I have done some calling to local law enforcement; however, I'm just not comfortable with the answers I've received to date. I just can't hang my hat on, "I believe that's correct"; "I think you are right"; etc. However, I do plan on continuing to make calls to see if I can find a definite answer somewhere within the local legal/LE community. Last edited by donato; October 29, 2009 at 06:56 PM. |
October 29, 2009, 11:03 PM | #10 |
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You can carry onto another person's property until the point they ask you to not to. Once they ask you to not carry or leave, then you either have to leave your gun behind or not be on their property, otherwise it is trespassing after they ask you leave.
To put it another way, permission is implied until they specifically prohibit firearms on their property. |
October 30, 2009, 07:27 AM | #11 |
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NavyLT,
Thank you very much for helping me with my question. I am very appreciative for the research that you took the time to do and replies that you have provided - it seems that you may be a legal person. Thank you!! |
October 30, 2009, 11:48 AM | #12 |
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IANAL
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November 1, 2009, 02:17 PM | #13 |
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donato:
You might check out the following link at AR15.com: http://www.ar15.com/forums/topic.html?b=8&f=31&t=361277 This has been held twice this year it appears with another planned for next spring. I found out about the last one the day after it was held... I have similar questions as you about our carry laws and dont know where to get solid answers other than a lawyer (I'm not one). Calling local LE offices will get you their opinions and wont do you a lot of good if you get in a bind. If the -52 part of the code isnt superceded by the -73, then I dont really see the point of offering a pistol license. It's all very vague. You also get into a lot of non-specific areas where CC is prohibited that seems to vary by location. Public buildings seem to be off limits which is all buildings held by federal, state and local government? Is it legal in churches? Do you have to get permission? The vagueness of it really leaves a lot of thngs open to interpretation that could turn into an ugly mess for someone carrying. |
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