Rifle Open Carry in Alabama

[JonnyP]

Not sure why anyone would need or want to do this on a regular basis, but it got me to thinking.

Came across a story about a guy from TX I think who walked into an auto parts place with an AK-47. Apparently he just had it with him to keep it from being stolen out of his open jeep while he was in the store.

I live in Alabama, so I started looking into the law here in an attempt to find out what the law actually says regarding this. I could find absolutely nothing that would prohibit me from openly carrying my rifle anywhere except the usually restricted places like public demonstrations, etc. In fact, the only reference I could find mentioned it's unlawful to carry a rifle or shotgun walking cane (no kidding), but nowhere could I find any law stating I could not openly carry a rifle. I even googled "rifle walking cane" and found pics from the 1800's showing a cane made to conceal (aha, there's a clue) a long gun. So as long as it's not concealed, it appears it's perfectly legal for me to walk around with a Winchester Model 94 (for example) in Alabama.

Have I missed something here?

[CowTowner]

I would think your local LEO's might have a few things to discuss with you on that. I would call the local Sheriff or P.D. and inquire as to any local ordinances in place. Also check on their attitude towards the open carry of a rifle. They will be the people that respond to the "man with a gun" call.

[knight0334]

LEO's are notoriously the worst folks to contact for legal opinion. You might as well ask HCI or some other anti-gun group if you're going to ask LEO's.


Contact a lawyer if you want to verify the legality of an act.



edited to fix typo's.

[NavyLT]

Also check on their attitude towards the open carry of a rifle.

I don't agree with checking on cops attitudes on anything. There are a minority of cops out there who are against a citizen carrying any firearm at all and will cause the most hassle possible when they discover any gun being carried by a citizen, regardless of a permit, concealed or openly. It's either legal or it's not, end of story. I don't live my life taking into consideration what a cop may or may not hassle me for. This is America.

[smoakingun]

that is an interesting question, i can tell you that in florida, you can transport an unloladed rifle slung across your back while riding a motorcycle

[JohnKSa]

I don't agree with checking on cops attitudes on anything. There are a minority of cops out there who are against a citizen carrying any firearm at all and will cause the most hassle possible when they discover any gun being carried by a citizen, regardless of a permit...

Then, for those who wish to avoid a hassle, it makes a lot of sense to check with the cops in the area.

I agree that LEs are not always a good source for information on what is legal and what is not. On the other hand, if you plan to do something like carry a rifle openly (which is perfectly legal in TX, by the way) it would make sense to find out if your face is likely to get to visit the pavement when the local cops respond to the MWAG call or if they're just going to calmly approach you and ask you what's up.

A phone call also offers an opportunity to help educate the local LE on the topic at hand--as long as it is handled diplomatically.

[BTR]

Several years ago, I remember reading about a man who was arrested in AL for carrying an AK with the magazine out. I think the charge was disturbing the peace, or something similar.

I don't know if he was convicted of anything.

[hogdogs]

Smoakin,

that is an interesting question, i can tell you that in florida, you can transport an unloladed rifle slung across your back while riding a motorcycle

I am going to have to ask for an actual statute on that... From my florida research, it is lawful to carry "in" a vehicle but it cannot be openly visible.

If it is openly visible, they assume it will scare the general public or something...

790.25 Lawful ownership, possession, and use of firearms and other weapons.-

(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

(4) CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes.

In bold, it appears that "legally" you could carry the rifle while cased and strapped to the bike not the rider...

Florida law does not allow you to walk down the road with a visible firearm... For you to go from your private property to your car parked on the public right of way, it must be cased.
Brent

[Kreyzhorse]

They will be the people that respond to the "man with a gun" call.

+1. While legal, that doesn't mean that you'll be able to walk around with a rifle.

For example open carry is legal in Kentucky too, but if you walk into a store with a rifle, it isn't generally going to end well. Even if legal, people will likely call the police, who will respond to a "man with a gun" call. In the least, you'll be asked to leave by the police, if you don't, you'll be arrested for trespassing. Walk around with one outside and you'll likely get a disturbing the peace charge if you don't promptly go home.

Both of those examples of open carry and actually happened along with the resulting charges.

Contacting the local PD on their opinion of open carry for their legal advice isn't a great option, but you will learn their views of open carry. Chances are it won't be what you expect.

[wally626]

Looks like the only other restriction on rifle carry is in wildlife management areas without a permit, according tot he NRA-ILA site. I would think most people would carry long arms cased unless hunting or shooting, but open carry is mostly legal in AL.