Headed To Gulf Shores, got a few questions????

[kellyII]

Hey guys, I have about a week left on my deployment and should be home within the next 2 weeks. I live in TN and my wife and I have a trip planned to Gulf Shores AL. I have looked for some answers to my question but still cant find all I need.

I know my HCP from TN is recognized by AL, but what im not sure of is this, 1. In AL is it legal to OC or CC? Not sure what carry method I am legally obligated to obide by, and that goes for while driving and while say walking. I know in TN you can OC or CC, just want to know what is legal and what is not.

I have checked out this site but cant find the answers for a non resident http://alabamaopencarry.com/forum/index.php

[Daylen]

Open carry is protected (by the constitution and higher courts) and has nothing to do with permits in AL. Concealed carry and pistols within a vehicle are only legal with a permit. There is no differentiation between resident and non-resident in AL law. If you choose to OC be warned the friendlyness to OC varies by locality, so some people in the state will claim AL is friendly because the LEOs in their area have no problem and yet there are many instances of people being harassed and/or arrested for OC and there have been convictions on the municipal level (even though it is clearly against the prior precedent of higher courts).

[Brimstone Baritone]

In keeping with Daylen's sig, I'll point out that the law requiring a permit to carry concealed or in your vehicle is Code of Alabama 1975, 13A-11-73. If someone asks you what law makes it legal to OC in Alabama, point at them and laugh. (Well, don't really do that. Just inform them that that's not the way the law works in Alabama.) OC is a constitutionally protected right, confirmed by the AL Supreme Court in State v. Reid, and no laws can be made restricting it.

Also remember that OC is unquestionably legal on public property and public highways, and any property you own or have under your control (such as your hotel room, although I don't have case law to back that up beyond common law castle doctrine). There exists a manufactured "gray area" when it comes to private property, so you might want to avoid that. Remember that under Alabama law, a business owner can ask you to leave for any reason and you must comply or face charges for trespass. Signs that say no firearms are, in effect, notice of intent to trespass anyone carrying a firearm, but don't carry weight of law beyond that. Signs or policies restricting guns on municipal public property, like city parks or city beaches, are illegal under CoA 11-45-1.1 but you can expect they will be unlawfully enforced because Alabama's preemption law doesn't really have teeth.

That's the highlights, anyway. Enjoy your trip!

[xenophon]

I'm coming down to Gulf Shores around the 4th of July. In process of getting my non-res Florida permit, as WI + AL don't jive right now on reciprocity.

Let us know how your trip goes!

[kellyII]

thanks for the replies, I just was unsure of some of the laws. I didnt want to get into a pinch for CC in my vehicle, I know our permit in TN is a hand gun carry permit and we have the option to OC or CC, so I needed a little guidance. Thanks guys.

[Daylen]

In keeping with Daylen's sig, I'll point out that the law requiring a permit to carry concealed or in your vehicle is Code of Alabama 1975, 13A-11-73. If someone asks you what law makes it legal to OC in Alabama, point at them and laugh. (Well, don't really do that. Just inform them that that's not the way the law works in Alabama.) OC is a constitutionally protected right, confirmed by the AL Supreme Court in State v. Reid, and no laws can be made restricting it.

Also remember that OC is unquestionably legal on public property and public highways, and any property you own or have under your control (such as your hotel room, although I don't have case law to back that up beyond common law castle doctrine). There exists a manufactured "gray area" when it comes to private property, so you might want to avoid that. Remember that under Alabama law, a business owner can ask you to leave for any reason and you must comply or face charges for trespass. Signs that say no firearms are, in effect, notice of intent to trespass anyone carrying a firearm, but don't carry weight of law beyond that. Signs or policies restricting guns on municipal public property, like city parks or city beaches, are illegal under CoA 11-45-1.1 but you can expect they will be unlawfully enforced because Alabama's preemption law doesn't really have teeth.

That's the highlights, anyway. Enjoy your trip!

Manufactured "gray area" is very generous considering C.D.J vs state, Braxton vs state and another one in that line of precedent that I can't recall at the moment. Somehow (paraphrase) "applies only as it agrees with -73 as it is a complete revision of the subject matter" is not clear enough...

[Brimstone Baritone]

Recent research shows that what became 13A-11-52 was passed by the Legislature specifically to restrict open carry. The court cases did their part to try to reign it back in to some semblance of constitutionality, and the law has lost its "teeth" since the act was originally passed, but the fact remains that the wording of the law, coupled with the original intent of the law, makes open carry on private property more difficult than a constitutionally protected right should be. I just wanted to warn him, without dragging him into the whole history of the issue.

[Kingfish]

The short answer is that car carry is fine with a permit.

As far as OC...As a visitor it would be unwise to OC. Some localities are good with it but most are not. Remember, this is Alabama where the sheriff is THE LAW. You play by his rules and there is very little you can do about it if anything.

[Daylen]

Recent research shows that what became 13A-11-52 was passed by the Legislature specifically to restrict open carry. The court cases did their part to try to reign it back in to some semblance of constitutionality, and the law has lost its "teeth" since the act was originally passed, but the fact remains that the wording of the law, coupled with the original intent of the law, makes open carry on private property more difficult than a constitutionally protected right should be. I just wanted to warn him, without dragging him into the whole history of the issue.

So no posting 162 years worth of court precedent?

[Kingfish]

So no posting 162 years worth of court precedent?

Does it matter to the men who will be doing the arresting? See, NOONE here is saying OC is unlawful. I would dare say most sheriffs know it is lawful also...They just don't care and can and will arrest you anyway and there is nothing you are going to do about it.

[Kirbinator]

Things are better than where they were two years ago.

[Kingfish]

Things are better than where they were two years ago.

Absolutely. No question. You local guys have done a lot of hard work in the education department.

Can you say to a visitor that they are good to go OCing throughout the state?

[Kirbinator]

No, but I can pretty well say that if you get a supervisor called to the scene and you're not "made" as a sovereign citizen, then you shouldn't have any problems.

OTOH, we get sporadic reports from all over about how this person said that and this contact happened and so on. The first question I always ask is, "Was your recorder running?" The answer is always "no", which turns it into a he-said she-said with no context or frame of reference.