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Thread: Thought provoking questions:

  1. #1
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    How would a citizen of the great state of Alabama legally acquire a handgun that he is not allowed to carry in his vehicle? There seem to be no restrictions exempting new purchases.

    Would it in fact be legal to OC in a hand or on an arm outside the vehicle?

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    I don't think I would do that, that is for sure asking for some trouble if you drive by people holding a gun out the window.



    FromtheAlabama page onpacking.org -

    A person may lawfully transport a firearm , including a handgun, from one state in which they are legal to possess to another state without a permit as required under Alabama law, provided the following conditions are met:
    • The firearm is unloaded
    • Neither the firearm or the ammunition is readily accessible
    • In case of a vehicle without a compartment separate from the driver's compartment, the firearm and ammunition shall be in a locked container other than the glove box or console

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    Section 13A-11-74of the Code of Alambama does have an exception if you are transporting it from the place of purchase to your home or place of business.



    This, I believe, is what you are looking for.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    My question here is:

    If I wanted to carry unconcealed somewhere, but still travel by car, could I legally do this?

    There isn't a provision for carrying a pistol in a car except between places of residence and to and from gunsmiths.

    For example: Say I went to a store downtown. I loaded my ammo in one safe, and my pistol in another. Parked, removed both and put in a holster that is visible. Return to my car and put back in safes.

    I'm thinking I could get in trouble for not going "in between residences or a gunsmith". What do you people think?

  5. #5
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    I can't speak for the entire state, but around "my part" (west central AL...Tuscaloosa, Fayette, Lamar, Pickens, Green, Hale counties etc.) of the state, YOU WILL GO TO JAIL if you OC.
    They might "let you slid" if you're hunting, fishing etc. but even then, you will likely be asked for your permit.
    I know that "technicaly", AL is an open carry state but, LE doesn't seem to understand (or maybe don't care) what the laws/courts say.....I've had a CC permit for 30 years and the attitude has always been this way.
    Before the flames start, please understand, as much as I'd like to see things changed, I don't have the financial resources to "make a stand".

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    Comp-tech wrote:
    I can't speak for the entire state, but around "my part" (west central AL...Tuscaloosa, Fayette, Lamar, Pickens, Green, Hale counties etc.) of the state, YOU WILL GO TO JAIL if you OC.
    They might "let you slid" if you're hunting, fishing etc. but even then, you will likely be asked for your permit.
    I know that "technicaly", AL is an open carry state but, LE doesn't seem to understand (or maybe don't care) what the laws/courts say.....I've had a CC permit for 30 years and the attitude has always been this way.
    Before the flames start, please understand, as much as I'd like to see things changed, I don't have the financial resources to "make a stand".
    Yeah. I was going to talk to a lawyer before I tried any OC. Even my friends in law enforcement didn't know that OC was legal and said they would probably arrest someone without a pistol permit (well, those few wouldn't now that they know the law :P)

    My only fear is that i'm almost absolutely sure that the Sheriff would not appreciate someone OCing in "his" county. He would probably tell his goons to keep arresting me over and over, even if I could never get convicted in court. As far as I know, there is no way to stop a department from "arrest hassling"....

    It's fun to live in a state where you fear the police for doing something completely legal!

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    mattjohnston87 wrote:
    I don't think I would do that, that is for sure asking for some trouble if you drive by people holding a gun out the window.
    Funniest mental picture I've had in a while!!!!!

    It's almost universal that the police in Alabama don't just dislike open carry, they will arrest anyone who attempts it. It will take a friendly reminder from the state legislature or AG to change this. But we all know that the legislature is busy giving themselves pay raises.

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    As far as "arrest hassling", would that not be FALSE arrest? Something like that could very well "pave the way".

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    It's really just all down to who has the money to pay for a lawyer and time to sit in jail. Even if it's designated a false arrest, you may never get your firearm back (Departments are notorius for keeping everything even after a case....).

    Then, it wouldn't ever make news or anything. LEOs in other counties would not do anything differently.

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    kurtmax_0 wrote:
    It's really just all down to who has the money to pay for a lawyer and time to sit in jail. Even if it's designated a false arrest, you may never get your firearm back (Departments are notorius for keeping everything even after a case....).

    Then, it wouldn't ever make news or anything. LEOs in other counties would not do anything differently.
    Wonder if someone was arrested falsely and dismissed several times...would that be grounds for a defimation case?

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    Deleted...sorry, double post

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    mattjohnston87 wrote:
    I don't think I would do that, that is for sure asking for some trouble if you drive by people holding a gun out the window.



    If you try this, take a picture, i think it would be hillarious to see anyone try.

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    ParaWarthog wrote:
    It's almost universal that the police in Alabama don't just dislike open carry, they will arrest anyone who attempts it.
    By "universal," do you mean conventional wisdom, assumed, or fact? So far, we cannot verify this happening evenonce, much less being a common practice, much, muchlessbeing something that has happened over and over.

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    Comp-tech wrote:
    As far as "arrest hassling", would that not be FALSE arrest? Something like that could very well "pave the way".
    Well yes, it would be false arrest, but they turn it into disorderly conduct and then pull you CC permit, which in the state of Al. you can no longer transport you firearm without completely unloading it, and locking away the ammo far away from you , like in the trunk of your car, if your in a truck, heck I don't know what you'd do with that ammo. If you get pulled over, you have to say something like your taking your gun to the gun shop, something of that nature. Now once you get to your legal area of OC, then you can begin once again OC'ing until someone else gets stupid scared and calls the law on you, for just obeying the law in the first place, how ironic. Our forefathers would be rolling over and over in there graves if they could see all the havoc we have to go through just by wanting to use our dam* rights.

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    ParaWarthog wrote:
    It's almost universal that the police in Alabama don't just dislike open carry, they will arrest anyone who attempts it. It will take a friendly reminder from the state legislature or AG to change this. But we all know that the legislature is busy giving themselves pay raises.
    Well, since you have not come back and tried to back up your statement, I wanted to make you aware of the poster over on GeorgiaPacking.Org (and GCO Member) who visited Alabama this summer while carrying openly and unknowingly walked into a convention of the Alabama Sheriff's Association to have dinner.

    He was eating his dinner in a room with every Sheriff in Alabama!

    What happened !?!

    Read the thread to find out. http://www.georgiapacking.org/forum/...36&t=33625





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    kurtmax_0 wrote:
    My question here is:

    If I wanted to carry unconcealed somewhere, but still travel by car, could I legally do this?

    There isn't a provision for carrying a pistol in a car except between places of residence and to and from gunsmiths.

    For example: Say I went to a store downtown. I loaded my ammo in one safe, and my pistol in another. Parked, removed both and put in a holster that is visible. Return to my car and put back in safes.

    I'm thinking I could get in trouble for not going "in between residences or a gunsmith". What do you people think?
    First, to carry your pistol inside of your car where you have direct access to it requires a CCW but I would think that if you had the ammo in the glove box and the pistol in the trunk your scenario would work out fine. Stepping into the car seems to be the trigger for the requirement of the CCW so the moment you step OUT of the car to get the pistol from the trunk you should be in the clear again.

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