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Old April 8, 2011, 12:52 AM   #1
MTT TL
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Location: Quadling Country
Posts: 1,801
Alabama - Open Carry, Concealed Carry, The Military, Motorcycles and Me

This is long.

I am in the military and I am moving to Alabama on permanent assignment orders
I am a resident of another state and my concealed carry permit will not be legal in Alabama.
Alabama has quite strict laws dealing with permits.
They do not issue non-resident permits and you must be a resident for six months before applying (I am not even sure I will become a resident).

I discovered some curious things while doing research and was wondering if anyone who knew could give me some clarification.

Curious thing number one. Alabama is supposed to be an open carry state where it is legal most places except where posted as not being allowed and it is not allowed "inside a vehicle". This letter from the AG attests to that:

http://www.ago.state.al.us/oldopinions/8400205.pdf

However the Madison County Sheriff's Department (the permit issuing organization) states:
Quote:
# QUESTION: May I carry my pistol on my person in open view of the public?

ANSWER: No. This license only allows you to carry a pistol concealed.
You can not open carry, permit or not?

http://www.co.madison.al.us/services...pistolfaq.html

Questions on open carry:

1. Is the Madison County Sheriff's office incorrect? Is open carry allowed permit or not?

2. Does open carry of a pistol "on" a motorcycle count as carrying "in" a vehicle? This is more than semantics. I believe the reason for not having it inside a vehicle is that it would not be readily visible. On a motorcycle everyone would see it.

Questions on concealed carry:

The legal code states:

Quote:
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
It appears to me that if I am going to and from my place of duty as a military member that I am covered for concealed carry when traveling back and forth to work. (crazy installation rules not withstanding)

Concealed Carry Question:

3. Does the above appear valid? If not can you show why it is not? (I am not in the Air Force BTW.)
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Old April 8, 2011, 07:29 AM   #2
Doyle
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Many states have the same provision for military "on duty". They generally interpret this as meaning that you are carrying in the normal course of your military duties - not just bringing your personal firearm with you when going to and from work. When I was a Navy Disbursing Officer, I would routinely strap on a .45 and go to the bank to get payroll money. This provision was my legal authorization to do so.
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Old April 8, 2011, 11:56 AM   #3
MTT TL
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Location: Quadling Country
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Yes, I am aware of that but some like Georgia grant a blanket authorization to all military on duty or not. This one appears to authorize back and forth to duty. Clearly asking the police is a bad idea since they appear to be unaware of proper open carry laws. Since no one here seems to know I guess I will ask the DA office when I get there what their opine is.
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Old April 8, 2011, 01:04 PM   #4
Spats McGee
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Why not call the JAG office in Alabama?
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Old April 8, 2011, 01:42 PM   #5
Yellowfin
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There are several non resident permits you can get from other states which Alabama recognizes that will serve your purpose. Florida, New Hampshire, Virginia, Arizona, and Utah just to name a few.
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Old April 8, 2011, 02:16 PM   #6
MTT TL
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I do know about that Yellowfin. I do know for a fact that Alabama does not recognize permits from Virginia resident or not. But I do know I don't want to spend the extra effort and $200 getting a Non-res Florida permit if I don't need one.

Quote:
Why not call the JAG office in Alabama?
That might actually be worse than calling the sheriffs office. The last two times I asked them about gun laws they were completely wrong on both counts. They don't keep up on that stuff because it is outside their purview.

But I appreciate the efforts.
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Old April 8, 2011, 07:54 PM   #7
jgcoastie
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Quote:
Originally Posted by MTT TL
I do know about that Yellowfin. I do know for a fact that Alabama does not recognize permits from Virginia resident or not. But I do know I don't want to spend the extra effort and $200 getting a Non-res Florida permit if I don't need one.
To err on the side of caution from a legal standpoint, it would be best if you applied for a FL non-res permit.

I'm not sure if AL does this, but I know certain states view PCS'd active duty military to be "residents" of the state for the purposes of CCW laws and permits. In either case, it's worth looking into. But if all else fails, a FL non-res permit will cover you in AL.
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