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Old October 28, 2009, 10:55 PM   #1
beerbebud
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handgun carry law in alabama

it is my understanding that in the state of alabama i only need a permit to carry concealed or to have a loaded handgun in a vehicle.My question is since it is hard to get a permit i have been told by a deputy sherriff that is an old friend of mine that i can carry a handgun as long as it is holstered and on my waist just like you would see an officer wearing one without a permit as long as i unload it and put it in the trunk before entering a vehicle. any one know about alabama law? i know officers can sometime be unreliable at answering legal questions so i need a second opinion.
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Old October 28, 2009, 11:20 PM   #2
Jim Watson
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Why do you think it is hard to get a permit in Alabama?
I have never heard of any resident of good character and background having any trouble getting a permit.

While open carry afoot is legal according to a 1984 opinion by the Attorney General, you would at minimum have to unload your gun when getting into a car. You would also likely be harassed by cops who noticed you or who were called by a "concerned citizen."

Read the last post by a cop at:
http://forums.officer.com/forums/showthread.php?t=93368
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Old October 28, 2009, 11:36 PM   #3
beerbebud
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it is hard for me to get a permit because i got a misdemeanor about 8 years ago and they will not look over it i have no violent offenses or drug related offenses i plead guilty to theft of property over a set of keys just to avoid having to go through the court proceedings they agreed if i plead i just had to pay a fine
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Old October 29, 2009, 08:57 AM   #4
oldgranpa
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thanks, Jim Watson, that link is a classic. Just pure dumb for us civilians to carry open, except at the shooting range. If I see a dumb kid who is not an LEO with open carry around town, I'm calling 911!!
og

Last edited by oldgranpa; October 29, 2009 at 09:02 AM.
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Old October 29, 2009, 09:14 AM   #5
NavyLT
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beerbebud,

According to this:
http://www.opencarry.org/al.html

Open carry is legal, outside of a vehicle, for anyone over 18 years of age without a permit, provided, of course, they are legal to possess the firearm. The maps on the opencarry website are thoroughly researched, up to date, and accurate. Remember, the American law system is based upon statuatory prohibitions - meaning that by default, if an action is not declared illegal by statute, that action is legal. What that means is you won't find a statute that delcares that open carry is legal, what you will NOT find is a statute that prohibits it.

oldgranpa,

So you would call the cops on a law abiding citizen who cares about themselves and those around them to not only have the means available to protect themselvs, but who also prefer to actually deter crime by open carrying simply because you don't like the sight of their gun. Very nice. What a waste of already scarce law enforcement resources. I wish that the police, when responding to calls such as that, would issue a citation to the caller for inappropriate use of 911.
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Old October 29, 2009, 10:31 PM   #6
beerbebud
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thanks for the info i wanted to know because i want to carry while i take my son trick-or-treating Halloween and there is always a lot of stories in the paper around here after Halloween.Since i know i have the right to openly carry now i think i may look into getting a compact pistol (my berretta 92fs and springfield xd 45 are a little cumbersome) and exercising my rights since the sherriff wont give me a CCW because of a set of keys 8 years ago. even though thats the only trouble ive ever been in ,maybe hell reconsider if i carry anyway legally.
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Old October 29, 2009, 10:37 PM   #7
beerbebud
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oh and by the way OldGrandpa the 911 system is for emergencys not to report law abiding citizens exercising there rights people like you are the only reason LEOs frown upon open carry because you cause them to waste there time harrassing law abiding citizens when they could be catching criminals
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Old October 29, 2009, 10:43 PM   #8
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Its easyer than you think. Just fill out the card and three people to sign it turn it in. Takes about a week.they do a background check Alabama is one of the states that dont require all the classes first. I know halloween is closer than a week. But get the paper work started. I got mine in about 5 minutes. But I work in courthouse and jail.
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Old October 29, 2009, 10:54 PM   #9
NavyLT
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beerbebud,

If you are going to start open carrying on Halloween night, I would make darn sure and know the law inside and out. Carry a copy of the attorney general's opinion with you.

I would recommend you watch "BUSTED, A Citizen's Guide to Surviving a Police Encounter" on youtube:
http://www.youtube.com/watch?v=yqMjMPlXzdA

And I would also recommend you spend some time reading the forums, especially the Alabama section at:
http://opencarry.mywowbb.com/

Good luck!
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Old November 12, 2009, 07:14 PM   #10
oldgranpa
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Well, NavyLT, I see you are in WA state. We think a lot different down here in Alabama where we respect the right to carry concealed.
Sorry I even bothered to reply to this thread where 'outsiders' think they know more than we do.
Cheers,
og
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Old November 12, 2009, 07:33 PM   #11
NavyLT
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Quote:
Originally Posted by oldgrandpa
Well, NavyLT, I see you are in WA state. We think a lot different down here in Alabama where we respect the right to carry concealed.
Really? Alabama respects the "right" to carry concealed. Prove it. Let's see how this stacks up.

1. WA is a SHALL ISSUE state. No reason for the permit needed. You pass the background check, you get the permit.

AL is a MAY ISSUE state. You must give a reason for desiring a permit to the sheriff who then decides if he wants to issue you a permit or not.

2. AL only issues permits to residents. WA issues permits to residents and non-residents alike.

3. WA permit good for 5 years. AL permit good for UP TO one year, again at the sheriff's discretion.

4. WA permit is $55.00 no matter where you get it. AL permit cost varies by county.

5. No training required for the WA permit. AL - again, the sheriff decides what training is required.

And yet you say that UNLIKE Washington, Alabama "respects" the "right" to conceal carry?!? Give me a break. If Alabama respected the "right" to conceal carry, they would not require a license to be issued at all, let alone at the discretion of the sheriff IF HE thinks you deserve a permit!

I will say you are right in one thing, oldgranpa, with all due respect to your age, you do think differently in Alabama.
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Old November 12, 2009, 08:17 PM   #12
oldgranpa
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Oh, WOW, great to have a 'know-it-all' on the site! No reason for me to get in a ******* contest with you since you've 'been there, done it all'.
Over and out!
og
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Old November 12, 2009, 08:37 PM   #13
NavyLT
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Quote:
Originally Posted by oldgrandpa
Oh, WOW, great to have a 'know-it-all' on the site! No reason for me to get in a ******* contest with you since you've 'been there, done it all'.
Over and out!
Why don't you point out where I am incorrect? Try countering intelligent points based on fact with an intelligent counter point rather than just meaningless *******, as you put it. You are setting a fine example of Alabamans and definitely showing how you think differently down there.
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Old November 12, 2009, 10:36 PM   #14
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Quote:
even though thats the only trouble ive ever been in ,maybe hell reconsider if i carry anyway legally.
I'd urge you to reconsider. If he doesn't want to issue you a permit in the first place, it'll likely raise his hackles to see you carrying. He may decide quite the opposite, and he may decide to make things difficult.

Then there's the issue of having it in your car. Where can you legally keep it without a permit?

What is the possibility of hiring an attorney to get the conviction purged?
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Old November 13, 2009, 12:18 AM   #15
jgcoastie
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oldgranpa

Quote:
We think a lot different down here in Alabama where we respect the right to carry concealed.
No, you don't.

I can think of only one state that really, truly respects the right to carry.

Alaska.
(From the Alaska Dept. of Public Safety website)
"Alaska Statute 11.61.220 allows anyone 21 or older, who may legally carry a firearm to also carry it concealed without having to obtain a special permit... ...Alaskans may obtain a concealed carry permit if they want reciprocity with other states."

Oh, and AS 29.35.145 prohibits local municipalities from infringing upon that right. (Which is what makes Alaska better than Vermont, VT=no preemption.)
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Old November 13, 2009, 01:00 AM   #16
NavyLT
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Quote:
Originally Posted by jgcoastie
Oh, and AS 29.35.145 prohibits local municipalities from infringing upon that right. (Which is what makes Alaska better than Vermont, VT=no preemption.)
I beg to differ, jgcoastie,

Vermont Statutes:

24 V.S.A. § 2295. Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing and trapping

Except as otherwise provided by law, no town, city or incorporated village, by ordinance, resolution or other enactment, shall directly regulate hunting, fishing and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of traps, firearms, ammunition or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city or incorporated village under section 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter.
(Added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988.)

§ 2291. Enumeration of powers.

For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:

(8) To regulate or prohibit the use or discharge, but not possession of, firearms within the municipality or specified portions thereof, provided that an ordinance adopted under this subdivision shall be consistent with section 2295 of this title and shall not prohibit, reduce, or limit discharge at any existing sport shooting range, as that term is defined in section 5227 of Title 10.
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Old November 13, 2009, 06:51 AM   #17
blume357
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To get back to the original post...

some of you guys need to go out back to finish your ******* contest...

I don't believe the misd. from 8 years ago can disqualify the person from a concealed permit in Al. Not being from Al or living there I could be wrong...

It could possibly get them what I call the basic 'insurance' 'NO' but I bet you a dozen donuts legally who ever issues the permit can't legally deny them for this.

edit: how bought that... i questioned whether I should type out the 'p' word in this post, but figured we were all grownups here.... seems the soft ware running this system is smarter than me... moderaters, don't get me wrong... I'm not complaining... it's kind of cool in a way.
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Old November 13, 2009, 08:50 AM   #18
NavyLT
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Alabama is a may issue state. The Sheriff may issue the permit, or then again, may not issue the permit.

Quote:
Section 13A-11-75
License to carry pistol in vehicle or concealed on person - Issuance; term; form; fee; revocation.

The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed. The license shall be in triplicate, in form to be prescribed by the Secretary of State, and shall bear the name, address, description, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall, within seven days, be sent by registered or certified mail to the Director of Public Safety, and the triplicate shall be preserved for six years by the authority issuing the same. The fee for issuing such license shall be one dollar ($1) which shall be paid into the county treasury unless otherwise provided by local law. Prior to issuance of a license, the sheriff shall contact available local, state, and federal criminal history data banks to determine whether possession of a firearm by an applicant would be a violation of state or federal law. The sheriff may revoke a license upon proof that the licensee is not a proper person to be licensed.
You will notice there is no definition for "proper reason" for carrying a pistol and there is no definition of "suitable person". It's left entirely up to the sheriff and his opinion. It wasn't too long ago that suitable person was determined firstly upon color of skin before anything else was considered.

Also notice in the statute there is no provision for appealing a sheriff's decision.

And don't think you are going to get an out of state permit that will work either. Alabama has that covered as well:

Quote:
Section 13A-11-85
Reciprocity for licenses issued in other states.

(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. This section shall apply to a licenseholder from another state only while the licenseholder is not a resident of this state. A licenseholder from another state shall carry the handgun in compliance with the laws of this state.
and yet Alabama "respects the right to carry concealed." Yeah, right. :barf:
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Old November 14, 2009, 08:49 AM   #19
blume357
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I hate to get political... but what someone in Alabama needs

to do is find a normal law abiding citizen who just happens to be black or of another minority and then when the sheriff turns the application down... sue.
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Old November 16, 2009, 03:13 AM   #20
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NavyLT

In that case, pardon me... I was under the impression that counties/cities could ban, through ordinance, CC/OC... Thanks for clearing that up...
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Old November 16, 2009, 03:51 AM   #21
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Quote:
The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed
Sounds like this is wide open for a "good ole boys" type of decision making process. I like it a whole lot better when the law does not rely on a single person's opinion of who can and who cannot when it comes to firearms. Look at the situation in New Jersey where that was the case with a handicapped man just simply wanting to hunt (http://southernoutdoorlife.com/showthread.php?t=1503) . I have one better than that: Get rid of all the crap that limits anyone from carrying open OR concealed as long as they are a free citizen of the United States and are afforded the rights of the 2nd Amendment. Do you REALLY think a known criminal would open carry? I doubt it.
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Old November 16, 2009, 03:54 AM   #22
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Another thing. Do any of you remember when you were allowed to bring your new rifle to school and show it off? I do. We have allowed a few idgits to change all of that now. www.southernoutdoorlife.com
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Old November 16, 2009, 09:01 AM   #23
tet4
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Yeah, AL pretty much is a may issue state with carry laws crafted to allow the sheriff the right to deny selective groups. Frankly, this type of system is really deplorable. It's not just blacks and other minorities who are getting stuck with this (traditionally that's why the laws were written so) but I've heard several reports of sheriffs of university towns not wanting to issue to students 21 and older. Nice. When my daughter goes to college, I want her to carry when she's 18, and I don't want a sheriff deciding whether her life is worth protecting or not.

It's weird that many orgs (like NRA, etc) represent AL as being pretty much shall issue, but it's really not. I don't get that. I think it's time to start pressuring for a change.
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