Posted: 11/6/2008 8:42:42 AM EDT
| So out of curiosity, I'm under the impression that AL is an Open Carry state with a pistol permit. Has/does anyone in the BHam area do so? I currently carry on my FL CCW and I'm working to switch over to an AL one. Just wondering is all. |
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Check out the opencarry website for AL.
http://opencarry.org/al.html |
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Open carry does not require a permit in AL. However, IMO I would not do it in metro B'ham. YMMV. Yeah I agree that its probably not the smartest of moves, but more for when I'm carrying and expose accidentally or carrying under a jacket and need to run in somewhere. |
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Section 13A-11-50
Carrying concealed weapons. Except as otherwise provided in this Code, a person who carries concealed about his person a bowie knife or knife or instrument of like kind or description or a pistol or firearm of any other kind or an air gun shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months. (Code 1852, §15; Code 1867, §3555; Code 1876, §4109; Code 1886, §3775; Code 1896, §4420; Code 1907, §6421; Code 1923, §3485; Code 1940, T. 14, §161; Code 1975, §13-6-120.) Section 13A-11-51 Evidence of apprehension of attack may mitigate punishment, etc. The defendant being tried under the provisions of Section 13A-11-50 may give evidence that at the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the jury may consider in mitigation of the punishment or in justification of the offense. (Code 1852, §15; Code 1867, §3555; Code 1876, §4109; Code 1886, §3775; Code 1896, §4420; Code 1907, §6421; Code 1923, §3485; Code 1940, T. 14, §162; Code 1975, §13-6-121.) 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.) Section 13A-11-55 Indictment for carrying weapons unlawfully; proof. In an indictment for carrying weapons unlawfully, it is sufficient to charge that the defendant carried concealed about his person a pistol, or other description of firearms, on premises not his own, or a bowie knife, or other knife or instrument of the like kind or description, or other forbidden weapon, describing it, as the case may be; and the excuse, if any, must be proved by the defendant on the trial, to the satisfaction of the jury; and if the evidence offered to excuse the charge raises a reasonable doubt of the defendant's guilt, the jury must acquit him. (Code 1852, §586; Code 1867, §4136; Code 1876, §4809; Code 1886, §3779; Code 1896, §4424; Code 1907, §6425; Acts 1919, No. 204, p. 196; Code 1923, §3491; Code 1940, T. 14, §166; Code 1975, §13-6-125.) Section 13A-11-56 Using firearms while fighting in public place. Any person who, while fighting in the streets of any city or town, or at a militia muster, or at any public place, whether public in itself, or made public at the time by an assemblage of persons, uses or attempts to use, except in self-defense, any kind of firearms shall, on conviction, be fined not less than $200.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not less than six months. (Code 1852, §129; Code 1867, §3671; Code 1876, §4228; Code 1886, §4094; Code 1896, §5353; Code 1907, §6895; Code 1923, §4045; Code 1940, T. 14, §169; Code 1975, §13-6-127.) Section 13A-11-59 Possession of firearms by persons participating in, attending, etc., demonstrations at public places. (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, except in those instances where the context clearly indicates a different meaning: (1) DEMONSTRATION. Demonstrating, picketing, speechmaking or marching, holding of vigils and all other like forms of conduct which involve the communication or expression of views or grievances engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. Such term shall not include casual use of property by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers. (2) FIREARM. Any pistol, rifle, shotgun or firearm of any kind, whether loaded or not. (3) LAW ENFORCEMENT OFFICER. Any duly appointed and acting federal, state, county or municipal law enforcement officer, peace officer or investigating officer, or any military or militia personnel called out or directed by constituted authority to keep the law and order, and any park ranger while acting as such on the grounds of a public park and who is on regular duty and present to actively police and control the demonstration, and who is assigned this duty by his department or agency. Such term does not include a peace officer on strike or a peace officer not on duty. (4) PUBLIC PLACE. Any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. Such term shall include the front or immediate area or parking lot of any store, shop, restaurant, tavern, shopping center or other place of business. Such term shall also include any public building, the grounds of any public building, or within the curtilage of any public building, or in any public parking lot, public street, right-of-way, sidewalk right-of-way, or within any public park or other public grounds. (b) It shall be unlawful for any person, other than a law enforcement officer, to have in his or her possession or on his or her person or in any vehicle any firearm while participating in or attending any demonstration being held at a public place. (c) It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was in possession of any firearm. This subsection shall not apply to any person in possession of or having on his or her person any firearm within a private dwelling or other private building or structure. (d) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided by law. (Acts 1979, No. 79-455, p. 743; Code 1975, §13-6-131.) Section 13A-11-73 License to carry pistol in vehicle or concealed on person - Required. 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. (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §175; Acts 1947, No. 616, p. 463, §3; Acts 1951, No. 784, p. 1378; Acts 1956, 2nd Ex. Sess., No. 43, p. 336; Code 1975, §13-6-153.) Section 13A-11-74 License to carry pistol in vehicle or concealed on person - 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 taxicabs, 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. (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §176; Acts 1947, No. 616, p. 463, §4; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-154.) 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. (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §177; Acts 1947, No. 616, p. 463, §5; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-155; Act 2006-551, p. 1268, §1.) Need a tack thread with all of this plus AG Graddicks opinion on open carry. |
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It is arguably illegal under Alabama law to carry an unconcealed weapon on the property of another person. However, it is clearly permissible to carry a concealed weapon on the property of another with a permit. 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.) |
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It is arguably illegal under Alabama law to carry an unconcealed weapon on the property of another person. However, it is clearly permissible to carry a concealed weapon on the property of another with a permit. 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 "Except as otherwise provided in this article" would refer to the ccw provision |
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jefferson county was a blue county this past election. i WOULD not recommend open carrying there. plus the local sheriff is kind of a dick. mike hale is a dick? first i have heard of that, hell he called me personally to tell me my form 4's were ready and he is a pretty damn big supporter of CCW. |
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It is arguably illegal under Alabama law to carry an unconcealed weapon on the property of another person. However, it is clearly permissible to carry a concealed weapon on the property of another with a permit. 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 "Except as otherwise provided in this article" would refer to the ccw provision No. That only pertains to those listed, ie any sheriff or his deputy or police offier, etc. |
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# Article 3 Offenses Relating to Firearms and Weapons.
* Division 1 General Provisions. o Section 13A-11-50 Carrying concealed weapons. o Section 13A-11-51 Evidence of apprehension of attack may mitigate punishment, etc. o Section 13A-11-52 Carrying pistol on premises not his own; who may carry pistol. o Section 13A-11-53 Brass knuckles and slingshots. o Section 13A-11-54 Carrying rifle or shotgun walking cane. o Section 13A-11-55 Indictment for carrying weapons unlawfully; proof. o Section 13A-11-56 Using firearms while fighting in public place. o Section 13A-11-57 Selling, etc., pistol or bowie knife to minor. o Section 13A-11-58 Sale of firearms or ammunition to residents of other states; purchase in other states. o Section 13A-11-59 Possession of firearms by persons participating in, attending, etc., demonstrations at public places. o Section 13A-11-60 Possession or sale of brass or steel teflon-coated handgun ammunition; applicability of section. o Section 13A-11-61 Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty. o Section 13A-11-61.1 Discharging into a school bus or school building. Carrying concealed is part of the ARTICLE. BAMA-Shooter, what you are looking at is a SECTION of the Article. Posted by smaddox: I am not trying to hijack this thread but i have a question about the Birmingham metro area. Is it legal to CCW into the galleria? I have never seen a sign on the doors but you can never be to careful.
Yes. |
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# Article 3 Offenses Relating to Firearms and Weapons. * Division 1 General Provisions. o Section 13A-11-50 Carrying concealed weapons. o Section 13A-11-51 Evidence of apprehension of attack may mitigate punishment, etc. o Section 13A-11-52 Carrying pistol on premises not his own; who may carry pistol. o Section 13A-11-53 Brass knuckles and slingshots. o Section 13A-11-54 Carrying rifle or shotgun walking cane. o Section 13A-11-55 Indictment for carrying weapons unlawfully; proof. o Section 13A-11-56 Using firearms while fighting in public place. o Section 13A-11-57 Selling, etc., pistol or bowie knife to minor. o Section 13A-11-58 Sale of firearms or ammunition to residents of other states; purchase in other states. o Section 13A-11-59 Possession of firearms by persons participating in, attending, etc., demonstrations at public places. o Section 13A-11-60 Possession or sale of brass or steel teflon-coated handgun ammunition; applicability of section. o Section 13A-11-61 Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty. o Section 13A-11-61.1 Discharging into a school bus or school building. Carrying concealed is part of the ARTICLE. BAMA-Shooter, what you are looking at is a SECTION of the Article. Posted by smaddox: I am not trying to hijack this thread but i have a question about the Birmingham metro area. Is it legal to CCW into the galleria? I have never seen a sign on the doors but you can never be to careful.
Yes. Title>division>section Also there are "chapters," but I can't remember where they fit in without pulling the Code from the shelf, which I am not going to do. If there is a sign stating that no weapons are allowed, then you are arguably trespassing if you possess a firearm. arguably. no sign, no problem. |
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A permit does not circumvent private property owner rights. Otherwise CCW holders would be listed as an exception. The most likely thing that would happen is a trespassing charge if you refused to leave.
CCW at the Galleria is allowed unless the property owner forbids it. |
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Keep this in mind.
Section 13A-11-55 Indictment for carrying weapons unlawfully; proof. In an indictment for carrying weapons unlawfully, it is sufficient to charge that the defendant carried concealed about his person a pistol, or other description of firearms, on premises not his own, or a bowie knife, or other knife or instrument of the like kind or description, or other forbidden weapon, describing it, as the case may be; and the excuse, if any, must be proved by the defendant on the trial, to the satisfaction of the jury; and if the evidence offered to excuse the charge raises a reasonable doubt of the defendant's guilt, the jury must acquit him. (Code 1852, §586; Code 1867, §4136; Code 1876, §4809; Code 1886, §3779; Code 1896, §4424; Code 1907, §6425; Acts 1919, No. 204, p. 196; Code 1923, §3491; Code 1940, T. 14, §166; Code 1975, §13-6-125.) |