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Posted: 11/10/2004 3:03:36 PM EDT
So according to the AG opinion on Packing.org. Open carry is kosher. Does anybody have personal experiance with it?
Link Posted: 11/10/2004 4:11:56 PM EDT
I've never actually witnessed open carry by a civie in Alabama. Outside of their place of business. I prefer to carry concealed anyway. I don't want THEM to know.
Link Posted: 11/10/2004 4:16:49 PM EDT
Wow. Any age limit.
Link Posted: 11/10/2004 5:54:45 PM EDT
I do it occcasionally, isn't a "hey look at me" thing, its just that when I go in the backwaters (swamps) in my kayak or coyote hunting the only way I can have a gun handy and out of the way is in a shoulder holster, I generally keep a over shirt on but don't try to keep it hidden. Its not a concealed carry type. I've had a few glances but at 53 I don't care. If I have to stop at the store to get gas or something I just walk on in, folks know me and since its obvious what I'm doing nothing is ever said. I carry a 1911A1 so it is noticeable.

rk
Link Posted: 11/10/2004 7:33:08 PM EDT
I have a few times. No issues. I think people presume I'm LE (which Im not)
Link Posted: 11/10/2004 7:45:02 PM EDT

Originally Posted By BeetleBailey:
I have a few times. No issues. I think people presume I'm LE (which Im not)


+1
Link Posted: 11/11/2004 7:26:45 PM EDT
I tried it recently, and no one, not even a security guard, seemed to notice. I was in business clothes; thus, I think people assumed I was a LEO of some kind. I will continue this, i think.
Link Posted: 11/12/2004 6:23:15 AM EDT
I do on occasion. N'er a glance. I love the South!
Link Posted: 11/12/2004 6:28:54 AM EDT

So, I've heard that if you carry on private property, such as a place of business, that the owner has the right to ask you to leave if you're armed. So essentially, could I walk into WalMart armed and go about business as usual, and the store manager not be able to kick me out on the basis of my carrying?
Link Posted: 11/12/2004 6:51:57 AM EDT

Originally Posted By BeetleBailey:
So, I've heard that if you carry on private property, such as a place of business, that the owner has the right to ask you to leave if you're armed. So essentially, could I walk into WalMart armed and go about business as usual, and the store manager not be able to kick me out on the basis of my carrying?



Private property. yes, the manager can tell you to leave.
Link Posted: 11/12/2004 11:52:24 AM EDT
There have been some other threads in the GD before, and I remember that someone said that it is against Wal_Mart corporate policy to make someone leave if they are legally carrying. So, I don't think a store manager can make you leave.
Link Posted: 11/14/2004 1:57:33 PM EDT
I grew up in rural Alabma (Blount County) and openly carried on my father's land. Later I lived in Mobile and open carried some down there. No one seem to notice or care.
Link Posted: 11/14/2004 3:45:01 PM EDT

Originally Posted By Jfor:
...someone said that it is against Wal_Mart corporate policy to make someone leave if they are legally carrying. So, I don't think a store manager can make you leave.




That's funny, they used to have "no handguns" signs posted on their doors...
Link Posted: 11/14/2004 5:51:20 PM EDT
Link Posted: 11/15/2004 8:19:13 PM EDT
Key word being use to have.
Link Posted: 11/25/2004 4:37:46 PM EDT
x
Link Posted: 11/27/2004 3:10:11 PM EDT
Well there was a gun show today and it was good meeting beetlebailey. I decided to keep my pistol with me inside. I figured if I was going to do it there might as well try it for the full day. I went to packing.org and printed the Attorney General's opinion of open cary... that its legal. So we stop at Walgreens so my fiancee can pick up her check stubb walked in saw a couple people look but the turn around and go about there business. Then tried McDonalds no one noticed. The gun show no one even blinked and even had an offer, I said no. Then we went to eat at O`Charleys again nothing special happened. We went to a bunch of craft and home decore stores for christmas decorations so total in about 6 different stores no one even noticed or gave it a second thought. Then the real test Walmart, I have heard about over operating greeters telling others about Walmarts "no gun policy". Well at least an hour in there even buying some shells that were on sale, nothing happened. I was almost disapointed no fun at all, and I did not need my print out. So the verdict I will try it again.... why becuase I can.
Link Posted: 11/28/2004 10:40:33 AM EDT

Originally Posted By ajamesp51:
Well there was a gun show today and it was good meeting beetlebailey. I decided to keep my pistol with me inside. I figured if I was going to do it there might as well try it for the full day. I went to packing.org and printed the Attorney General's opinion of open cary... that its legal. So we stop at Walgreens so my fiancee can pick up her check stubb walked in saw a couple people look but the turn around and go about there business. Then tried McDonalds no one noticed. The gun show no one even blinked and even had an offer, I said no. Then we went to eat at O`Charleys again nothing special happened. We went to a bunch of craft and home decore stores for christmas decorations so total in about 6 different stores no one even noticed or gave it a second thought. Then the real test Walmart, I have heard about over operating greeters telling others about Walmarts "no gun policy". Well at least an hour in there even buying some shells that were on sale, nothing happened. I was almost disapointed no fun at all, and I did not need my print out. So the verdict I will try it again.... why becuase I can.


So ... what were you carrying?
Link Posted: 11/28/2004 10:47:46 AM EDT
i havent done it much but i have never been questioned.
Link Posted: 11/29/2004 1:06:03 AM EDT
I was carrying my chromed gen 1 HS2000 in a topless from High Noon Holsters. I choose the chromed one becuase it was raining all day and two it is still may fav cary pistol.
Link Posted: 11/30/2004 7:09:42 PM EDT
Wow...I've lived in this state all of my 21 years and I didn't know that was legal...
Link Posted: 11/30/2004 7:22:42 PM EDT
i did it again today witout any trouble.
Link Posted: 12/10/2004 6:06:57 PM EDT
I've done it several times in the past month, absolutely no reaction
Link Posted: 12/12/2004 10:23:50 PM EDT
[Last Edit: 12/12/2004 10:42:15 PM EDT by Lord_Vulcanizer]
According to my concealed carry permit open carry of a firearm in Alabama is not allowed unless it is on an individuals OWN private property. Correct me if I am wrong...that is just how I read it. Most folks without a weopon just aren't gonna approach an armed individual and challenge that person. But the back of my permit states 'This DOES NOT permit you to carry a gun openly as an officer.' You guys better be careful about carrying your weopons like this as you may loose your priveleges. Just freindly advice.--Edit to add--I realize that the attourney general says it is okay but the ruling on that site is from 20 years ago and my pistol permit is from only a few months ago. When I get a chance I'll call the sherriff and see what he says but I still think it is out according to what the permit says.
Link Posted: 12/13/2004 5:42:12 AM EDT
Link Posted: 12/13/2004 5:49:31 AM EDT
Link Posted: 12/13/2004 5:59:22 AM EDT
Link Posted: 12/13/2004 9:26:57 AM EDT
Well I have seen concealed carry permits from both covington and I think the other is geneva county, I'll ask at work tonight, but both say the same thing on the back. If you don't beleive me I can take a picture and send you one. I am not sure but I am thinking once you get the permit you can only carry concealed. I have a covington county permit so I know what it says. I wasn't trying trying to start a flame war or nothing there just may be a local ordinance or something with the local southern counties I don't know.
Link Posted: 12/13/2004 12:41:39 PM EDT
Link Posted: 12/13/2004 3:11:52 PM EDT
I've noticed that, over the years, the back of my permit has stated different things. My permit from Mobile County said I couldn't take a pistol into an establishment that served alcohol. The next year it said nothing on the back!

My Montgomery County permit says, among other things:

"It is illegal to carry a pistol into a bar in Montgomery, Alabama." Maybe this is a local law?

My wife's more current Montgomery permit says nothing on the back.
Link Posted: 12/13/2004 3:16:51 PM EDT
I wonder if the local sheriff can site a fine for his opinion based on what is written on the back of that permit? I don't know. I wish there was a statewidewide permit, otherwords I wish that all permits were the same from county to county and laminated too.
Link Posted: 12/13/2004 3:30:54 PM EDT
Link Posted: 12/15/2004 3:42:32 PM EDT
St Clair co permit states on back
1. This pistol permit does not permit you to carry a gun openly.
2. Your permit is valid for the state of Alabama only.
3. Your pistol permit is void if you are arrested on any charge.
4. Your pistol permit does not allow you to caryy a pistol in any place that serves alcohol or while you are drinking or using any illegal drug.
5. Your pistol permit is also void in any air terminal or in any court house or other public buildings whether city, county, state or federal.
6. If you carry a pistol under any of the above conditions where it is void, you will be subject to arrest for carrying a concealed weapon.

That conflicts with alot of other state laws????????????
Good ole Alabama does not even have a clue what it wants to enforce.
Link Posted: 12/15/2004 5:14:53 PM EDT
Link Posted: 12/15/2004 5:54:26 PM EDT
[Last Edit: 12/15/2004 5:56:18 PM EDT by Lord_Vulcanizer]

but this just sounds like more blowhard bullshit from a sherriff that has not read the actual law


+1

The more I read on the laws the more I agree with you. Also the more I think the Alabama permits need to be more formalized and all the rhetoric from the back needs to be removed. Sounds like a bunch of panzy-assed bullshit micro-management from the sheriff's office to me. Actually it was probably even written up by that big fat chick who works behind the desk and takes the money and is always eating donuts and drinkin diet cokes. I am gonna wear my gun, screw it. I can fight it in court if it comes to that. If it ever does come to that you can bet the shit will get squared away then...believe it. I do think it is a bad idea to go out bar hopping with a pistol on board though...that just seems like bad mojo to me, but as far as walking through an establishment or eating at a place that serves drinks I don't see a problem with carrying. Sounds like nazi shit to me.

Wes
Link Posted: 12/15/2004 7:13:00 PM EDT

Originally Posted By Lord_Vulcanizer:

but this just sounds like more blowhard bullshit from a sherriff that has not read the actual law


+1

The more I read on the laws the more I agree with you. Also the more I think the Alabama permits need to be more formalized and all the rhetoric from the back needs to be removed. Sounds like a bunch of panzy-assed bullshit micro-management from the sheriff's office to me. Actually it was probably even written up by that big fat chick who works behind the desk and takes the money and is always eating donuts and drinkin diet cokes. I am gonna wear my gun, screw it. I can fight it in court if it comes to that. If it ever does come to that you can bet the shit will get squared away then...believe it. I do think it is a bad idea to go out bar hopping with a pistol on board though...that just seems like bad mojo to me, but as far as walking through an establishment or eating at a place that serves drinks I don't see a problem with carrying. Sounds like nazi shit to me.

Wes



I agree. As long as you aren't consuming alcohol, you should be able to carry. My friends and I eat at Hooter's quite often, and I think I should be able to carry there even though they serve alcohol.
Link Posted: 12/16/2004 5:24:07 AM EDT
Link Posted: 12/16/2004 6:41:08 AM EDT
The funny thing is: State code says that the "State" is the only entity that has the right to regulate the possession, transport, etc. of firearms. In other words, no municipality can make laws that supercede state code. For example, many localities ban carrying in est. that serve alcohol. Nothing in the state code prohibits this: Therefore, the law would never hold up in court.

On the other hand, if you got caught and arrested, you'd lose your permit. Sure, you may be able to spend mucho $$$ on a lawyer and get your record expunged and permit re-instated, but who's gonna go to all that trouble, especially given the fact that most govt processes move at a snail's pace?

A good friend of mine is assistant DA in my County, and I've talked with him at length about this: He agrees, but "things are the way they are".

Having said all this, I still carry everywhere but actual municipal buildings (with very few and certain exceptions). I'd rather be alive and fighting policy...
Link Posted: 12/17/2004 10:36:39 AM EDT
I open carried at Best Buy and Target last night with no problems. I think its not that people dont mind as much as they just dont notice things. Too many people are in a "green" state of awareness and oblivious to thier surroundings. One of my friends is so scared or printing when he carries but I have to remind him that most people dont expect that you are armed and they certainly arent looking.
Link Posted: 12/27/2004 1:31:43 PM EDT
Ouch, I received this email from the Attorney general's office. I am thinking I was wrong about open carry. I am not gonna do it any more myself:

Mr. Umbarger,

Thank you for contacting the Office of the Attorney General with your questions and concerns. I will attempt to assist you with your question in regards to carrying a pistol.

There is not a law in Alabama that carries the verbiage saying you can or can not carry a pistol exposed. However, there is a law that prohibits you to carry a pistol on property not your own. It is as follows:

Section 13A-11-52
Carrying pistol on premises not his own; who may carry pistol.
Except as otherwise provided in this article, no person shall carry a pistol about his person on premises not his own or under his control; but this section shall not apply to any sheriff or his deputy or police officer of an incorporated town or city in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.

(Acts 1919, No. 204, p. 196; Code 1923, §3487; Code 1940, T. 14, §163; Code 1975, §13-6-122.)
The first part of the first sentence, "Except as otherwise provided in this article..." deals with the pistol permit. When you legally carry the pistol with the permit the pistol is carried concealed. If you have the pistol in the open you can do so but only on property you own or property with permission of the owner.

I hope this has cleared up any concerns you have.

Danny McKinley
Law Enforcement Coordinator


That is straight from their office, not from me. I think the Alabama gun laws have been updated since that letter was posted on packing.org maybe cause they have the gun laws on their site in acrobat form too and it reads like the guy says it does.

Good luck fellas.

Wes
Link Posted: 12/27/2004 3:01:03 PM EDT
Many Sheriffs add their own .02 cents in when issuing a permit. The key thing to remember is that the Sheriff can revoke your permit and it has nothing to do with state law. They are next to God, if you don't believe me then ask one.
Link Posted: 1/4/2005 6:22:00 PM EDT
I just moved to AL from Ga a couple of months ago and tried to renew my permit. On the application when they ask why you need the permit it states "self-defense is not a valid reason." What the fuck else do you need it for? This sheriff is the same idiot that signed off on my Form 1 to register my AR as a Short Barreled Rifle. SBR's are illegal in AL.
Link Posted: 1/5/2005 4:39:02 AM EDT
Link Posted: 1/5/2005 5:23:42 AM EDT

Wow, this stuff is mind-boggling.
Link Posted: 1/5/2005 7:46:55 AM EDT

Originally Posted By M18A1:
I just moved to AL from Ga a couple of months ago and tried to renew my permit. On the application when they ask why you need the permit it states "self-defense is not a valid reason." What the fuck else do you need it for? This sheriff is the same idiot that signed off on my Form 1 to register my AR as a Short Barreled Rifle. SBR's are illegal in AL.



So did the Form 1 get approved anyway...did you get the SBR?
Link Posted: 1/5/2005 1:23:24 PM EDT
M18A1
Question for you about the SBR. I ask the Co. sherrif and he said he'd sign off on mine to. Then I happened to be talking to a City leo and he said they were illegal in Al. I went and read the state law and all it states is that a rifle barrel shorter than 16" are 18" on shotgun were illegal. Duh we knew that thats what the form 1 and $200 federal tax stamp is about. I've called the DA's office they told me to call the Attorney Generals office cause they didnt know. I have'nt been able to get anyone there that can tell me for sure. I have a cousin with a registered m16 with 11.5" barrel I know thats a machine gun but it is still a rifle with a less than 16" barrel. And according to the law are illegal. Let me know what came of your signed form 1.
Link Posted: 1/5/2005 1:40:49 PM EDT

Wha - mototard ponied up! How's your boy liking the upper?
Link Posted: 1/5/2005 2:14:29 PM EDT
Loving it. This weekend he shot 200yrd and held about a 4" group. I was tickled.
I also just ordered a 24" DPMS 308LR through Southeastern Guns. Susposed to be in around the end of the month. How you liking the one we traded?
Link Posted: 1/11/2005 4:44:37 PM EDT
In the small town i am from (Goshen) People have open carried for as long as I can remeber. I dont mean that everyone in town is strapped at all times. But here and there you will see someone with a pistol on their belt. I never have but I am only 20 and I cant carry at all. But a few months ago after I finished my first AR, I was at the store and was telling a friend inside about it and a deputy that was in the store got to talking about it with us, and next thing you know we are right by the road talking and looking at my rifle.


But there are also a few dumb ass LEOs that I know of that would cuff me and take me to jail because they would think that my AR is a full auto machine gun that kills babys.
Link Posted: 1/11/2005 5:33:24 PM EDT
Link Posted: 1/12/2005 9:31:27 AM EDT
+1

Even some dealers do not know this. I also got into an argument with one about it as a matter of fact over a Vector Uzi.

Federal law sets the bare minimum in regulation; however, states can exceed (but not go under) it if they choose to.
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