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Alabama Open Carry

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495px-constitution_pg1of4_ac_max50

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Posted over 5 years ago

 

Based on an AG opinion, open carry of handguns is legal in Alabama. While you need a concealed carry permit to carry a handgun in a vehicle or concealed on your person, there is no law against open carry outside a vehicle without a permit.


Most LEO's don't seem to know this and they think that it is illegal. If anyone has any experience with this in Alabama I would be interested to hear about it.


Here is the link to the AG opinion http://www.ago.state.al.us/oldopinions/8400205.pdf


 

Dapd2_0_max50

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Rate This | Posted over 5 years ago

 

Just as a matter of protocol, you really should provide a proper introduction before asking any questions.


However if you wish to take a look at the following link which will take you to the Code Of Alabama 1975. Take a look at Article 3 Offenses Relating to Firearms and Weapons. Division 1 General Provisions. Starting with Section 13A-11-50 Carrying concealed weapons and then paying attention to Section 13A-11-52 Carrying pistol on premises not his own; who may carry pistol, Section 13A-11-73 License to carry pistol in vehicle or concealed on person - Required, Section 13A-11-74 License to carry pistol in vehicle or concealed on person - Exceptions as well.


http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm


The letter that you linked to while old, may or may not be outdated information though and the above information may or may not help you.


Why do you ask about this anyway?


"Learn from the mistakes of others. You can't live long enough to make them all yourself." - Eleanor Roosevelt

495px-constitution_pg1of4_ac_max50

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Rate This | Posted over 5 years ago

 

 


For the introduction, I'm active duty Army stationed at Fort Hood, TX. I am getting out after I return from my second tour to Iraq and moving back to Alabama where I grew up. I am married with a boy on the way.


I wanted to know what LEO's opinion was on this and what their interpretation of the law is. I have never open carried on public property, but I just want to know what my rights are. The law seems pretty clear to me that open carry is legal. No new laws have been put in place that would change the AG's opinion.


I know it is easy to get into a debate about reasons to conceal verses open carry. I am not trying to debate that. I just want to know how you LEO's have handled these situations. I respect your opinions and experience and I want to hear them.


 

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Rate This | Posted over 5 years ago

 

Open carry is allowed in a lot of states, BUT cities can have more restricticve city ordinances, ie they can ban open carry in their city.  You would have to know the city regulations before open carry in a city, even if permitted by state statue.  Some cities may allow it and some may not.  In my part of the country (KS-MO area) generally the bigger the city, the more likely that they ban open carry.

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Rate This | Posted over 5 years ago

 

Alabamian says ...



Alabamian here, Casscocop, Sir, as I understand it, no city or municipality has the right to place ordinates or restrictions on handguns, only State Legislature holds that power, from what I have read and what the A G has stated and court's have ruled on. We are an open carry State, the only exception is the license to carry concealed on the person or in a vehicle.


A lot of Officer's either don't know the law's or they do and are just opposed to people openly carrying a firearm. I think open carry is coming back for the simple reason it is our Right, and the tyranny in government is trying to take so many of our Rights away. I am almost 50 years old and very proud to see good decent law abiding citizen's standing up for their rights, all of them, not just on the carry issue, freedom of speech, freedom of religion, hey, you and I both know what they are trying to do with our Country and our people. Sir, if you don't know, now would be a great time to start finding out.


Not only our 2nd Amendment, is under attack, look at the money grabbing bailout's, health care, more taxation and government control, the bank's the auto industry its communism, the American people have had enough and we all know whats coming next.


Something that should have happened in the 60's when President John F. Kennedy was killed, if you don't know learn why this man was killed, many Americans have never taken the time to learn our Constitution, Michael Badnarik's Constitution Class on www.youtube.com he is a great teacher and knows what he is talking about, for all of you that don't know our Constitution, please take the time to learn it, its free! And you will be free also if you learn it and enforce it. This is what it is going to take to get our Country back, work together, our military and most of our police officer's know that this is what its going to take to get America back on the right track. An American For Sovereignty.


 


 



I don't know about Alabama, but around here cityies can be more restrictive that the state, as an example most cities have ordinances banning discharging firearms within the city limits and some have ordinances about  open carry, these are not 2nd Admendment wiolations at they are not restrictive on ownership.  Cities can make more restrictive ordinances that state or federal, just not less restrictive, ie a city could not legally have an ordinance that allows people to purchase fully automatic weapons.

Dscf0003_max50

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Rate This | Posted over 5 years ago

 

If you are carrying openly and it is causing a disturance then it is illegal (disorderly conduct).

495px-constitution_pg1of4_ac_max50

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Rate This | Posted over 5 years ago

 

So if someone has a problem with me doing something that is legal then that makes it illegal? That is absurd. Cops who give DC for things like that shouldn't be cops. Whether or not people agree with OC is irrelevant. All that matters is that it is legal. If I got a DC for OCing I would sue the department.

495px-constitution_pg1of4_ac_max50

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Rate This | Posted over 5 years ago

 

I completely understand being disarmed while speaking with an officer, but to assume someone is trying to cause a disturbance just because they are OCing is an abuse of power. Some people freak out at the sight of a gun is public, because they don't know it is legal. How is that the fault of the person carrying? Shouldn't the officer on scene inform them that OCing is legal instead of giving a DC the the person carrying? It is irrelivant that an officer agrees with OCing, he/ she still has an obligation to uphold the law.

495px-constitution_pg1of4_ac_max50

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Rate This | Posted over 5 years ago

 

bmorgan says ...


I see what you're saying and you're right.  If a person is legally carrying and some one else freaks out about it.  Then there is no DC on the part of the carry-er.  What I am saying is if a person carries a gun to a place knowing it will cause a problem.  Then it is DC.  For example.  If there is an anti gun demonstration.  If a person goes there openly carrying with the intent to cause a reaction from the protesters.  Then that is DC. 


Don't get me wrong.  I am pro 2nd.  I carry all the time.  And I often open carry when it is not inaproprate.  But I am a mature adult and I understand that my actions, legal or not, protected by the constatution or not, have consequences.  And I have a responcability not to abuse my rights just for the sake of showing off.  A person who would carry openly just to cause a reaction is doing our cause more harm then good by giving anti gun nuts ammo to blast us with on capital hill.


Well said.

1979_max50

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Rate This | Posted over 5 years ago

 

Gentlemen, Allow me to state that I am VERY pro-2nd Amendment and think that States should be "Shall Issue" CCW states. Before I go any further, thank you Durdan for your faithful service from one vet to another. Okay, all that said, I am not really positive about Al but have a feeling it is similar to SC being a Southern State. There it is legal to open carry a firearm that is not 'concealable'. That means you can walk through town carrying a shotgun or rifle but not a pistol openly. Additionally it is the right of the county and/or the city to ban the carrying of firearms. The 2nd amendment ONLY concerns FEDERAL Law and the States have the right to pass laws against it, as well as county and city. This is as it should be, even if I did not agree with the law they happen to pass. The best thing for you to do is simply obtain your CCW permit and carry concealed. As stated, there are many people that will freak out if they see you carrying so why do that? Get your CCW permit and your wife as well and proper training and practice. Welcome home and make sure your son knows that touching a firearm will get his a$$ busted big time! <G>

Jpd_new_max50

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Rate This | Posted over 5 years ago

 

Question for durden212.


Is loud music coming from a car DC?  Is owning pit bulls and having them openly run around DC?  Is some dressed in gang colors or in any type of theatening manner DC?  


A lot of things could be determined as DC.  I live in one of the anti-gun States, an LEO, and I agree with concealed carry laws.  Too many things could go wrong with open carry, especially in larger metro areas.  A new AG in Alabama can come up with a different opinion also.  Like morggie said,  "A person who would carry openly just to cause a reaction is doing our cause more harm then good by giving anti gun nuts ammo to blast us with on capital hill."  Baby steps.


"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."
George Orwell

“The supreme art of war is to subdue the enemy without fighting.”
― Sun Tzu

PL Mentoring Team Member

495px-constitution_pg1of4_ac_max50

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Rate This | Posted over 5 years ago

 

Pete114, I don't think legal open carry is the same thing as wearing gang colors. Personally I carry concealed 99% of the time b/c it seems more advantageous than OC. But I know people who do OC on a regular basis and they are constantly harrassed. I think that is unnaceptable. To assume someone is trying to say "look at me" or to cause a reaction just b/c they carry openly is unfair.Also, how will doing something completely legal give anti gunners ammo. The same could be said for buying guns at a gun show.


It all boils down to some LEOs disagreeing with OC so they harrass people for doing it. They bully people into being afraid of excercising one of their rights out of fear of being arrested or ticketed. I'm not saying all Cops do this, but many do. This isn't a stab at LEOs, but this is just something I have noticed.


As far as DC goes, that is a can of worms. Example: If I am in a public resturant and I pray over my food, someone could potentially be offended. So is that DC since it offends someone?


Robocop, thanks for your service as well brother. As far a OC applying to "unconcealable"  firearms, that isn't the case in AL. See here http://www.ago.state.al.us/oldopinions/8400205.pdf . While old, this is the most recent AG opinion on AL OC.


Thanks for all of the good comments guys. Keep them coming.

495px-constitution_pg1of4_ac_max50

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Rate This | Posted over 5 years ago

 

There is no gun show loophole. It is a transfer of private property between individuals. Also, the last gun show I went to, 75% of the booths required background checks. If I see some guy at a show walking around with a rifle and I buy it from him, how is that a loophole? He can sell his private property to whoever he wants.

Back on topic, I agree with you on the people at the Obama appearances. They are doing it for show and it does give the anti's ammo. There is a big difference in those people and a person who OCs simply for self defense purposes. Having said that, whether we agree with the protesters or not is irrelevant. If they are not breaking the law or being unsafe they should be left alone.

My point is just that if someone is OCing and minding their own business, so should everyone else. If they aren't being unsafe why should they be hassled?

Also, if OCing is such a bad idea why do Cops do it?

Dome2_1__max50

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Rated +1 | Posted over 5 years ago

 

VArious quotes from various people:



A lot of things could be determined as DC.  I live in one of the anti-gun States, an LEO, and I agree with concealed carry laws.  Too many things could go wrong with open carry, especially in larger metro areas.  A new AG in Alabama can come up with a different opinion also.  Like morggie said,  "A person who would carry openly just to cause a reaction is doing our cause more harm then good by giving anti gun nuts ammo to blast us with on capital hill."  Baby steps.


With rights come responcabilities.  Just because something is not illegal does not make it right.   I agree people should leave people alone who are OC legally.  But here in the real world that does not happen.  I also carry open often when it is apropriate.  For example. when I go 4-wheeling I carry a .41 mag openly.  Becuase I am in an area (the middle of no where) where it is not going to cause an issue.  And because the threat in that situation is most likely a large animal.   But when I go to town I carry concealed.  For a couple of reasons.  Firstly becuase it gives me a tactical advantage.  Secondly because I do not want to invite trouble .  And thirdly because I do not want to give anti gunners more ammo to use against my rights



Also if you have been watching the news of late you would know how doing something legal is giving anti gunners ammo.  Recently in some south western open carry states people have been legally carrying openly outside of Obama appearences.  The anti gunners have been having a hayday and making gun owners look like complete gun nuts on the national news.  All becuase a few "gun nuts" choose to "exercise their rights"  in an inapropriate and inmature manner.  This action has set us back terribly in our fight for our gun rights.



 



It is kind of interesting how things have changed.  Not all that long ago open carry was legal just about everywhere, but CC was considered something only for the thugs (although ladies often carried in a purse or muff, and gentlemen had their vest pocket guns, and that was given a wink and a nod). 


Now open carry is often seen a "causing a disturbance" or otherwise making a scene because someone else gets upset at seeing a gun.  So legal open carry is discouraged, part of the demonization of firearms.  We have been slowly educated to view open carry as the mark of either a ramboesque wannabe hero looking for trouble, or some "wingnut" making a statement.  And, at least here in CA, CC is always under attack - "why do you need a gun, why are you so afraid to go out without a gun?"  Yes, with rights comes the responsibility to use them, well, responsibly.  But what good if the mere exercise of them is defined as irresponsible? 


By bowing to the delicate sensibilities of the anti-civil rights crowd  we are playing their game and allowing them to paint us into a very small corner.  We are demonizing ourselves and saying that we are somehow ashamed of being concerned and responible citizens.  The question should not be "Why would you carry a firearm openly to (fill in the blank)?"  The questions should be "Why should an honest citizen be restricted from the free exercise of his civil and constitutionally protected rights? Did they wave the guns around?  Did they do anything unsafe? Did they break any law?"   The only answers I get are "But he had a gun there!" or "But what if someone took it away from him?"  To the first my answer is Yeah, and, what did he do that was illegal?  to the second the answer is "well, there would be a scuffle, and like as not the cops would be all over the both of them like white on rice."  Or I get the "well what if he wanted to shoot the president?' To which I ask - Should we ban cell phones when the president is out and about? After all, someone might have planted a cell phone triggered bomb.  Isn't it reasonable to ban cell phones too? We can play the "what if" game and concoct various horror scenes all day. 

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I've been monitoring the comments of this thread almost from the beginning... It is a popular topic and Durden you may find this thread of some interest:


http://policelink.monster.com/topics/53729-leos-take-on-open-carry/posts


It is part of the "Concealed Carry Advocates/ Opposition Discussion Group"


I would highly reccomend perusing through the different topic. They may be of interest to you?! Hope you find the group informative.