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Thread: OCing in Mobile county, AL.

  1. #1
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    From what I can gather, in Alabama, it is illegal for me to have a loaded handgun in my vehicle while I am waiting on my permit so...

    I've added a lockbox to the bed ofmyp/u and keep the gun unloaded in acase inside the lockbox until I am off any public road (ie- Walmart parking lot), then I get out, unlock the box, get the guncase, get back in the cab, load & holster the gun and then go shop...Yes it is a PITA.

    That said, I OCed at the Honda/Kawasiki motorcycle dealership on Halls Mill rd...No problems.

    Then went to Hall's motorsports (bought a Suzuki DRZ400:celebrate) and was in there for over an hour...No problems.

    Headed back home but stopped at Advanced Auto Parts in Grand Bay for a gallon of oil...No problems

    Then went to Grand Bay Auto (Bumper to Bumper) for another hard to find part and while I was checking out, the guy behind the counter said:

    "Wow! Things getting so bad you have to carry a gun? I can't even remember exactly what I said but some ofit went something likethis:

    "Well I wish I new where I would need it, then I would only carry it at that time."

    Then he told me he has a CC permit but doesn't feel the need to carry, next time I'm there, I'll try to strike a conversation with himand see where it goes.



    Anyway all in all, no:what::what:'s

  2. #2
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    Be careful. The wording of the law only allows transport for a few reasons, not anywhere.

    In the bed of your pickup is probably fine since it isn't in your truck!

  3. #3
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    In the bed of your pickup is probably fine since it isn't in your truck!
    That is what I am hoping. But to be safe, maybe I should also state that I was also planning on going to the shooting range or the gunsmith or evenmaybe a pawn shop to pawn it:shock:.

  4. #4
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    Here we go:

    § 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...

    any common carrier, except

    taxicabs, licensed as a common carrier...


    My company isa common carrier, but I wasn't in the big rig...Hmmm


  5. #5
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    I couldn't find a definition of "common carrier" in chapter 13A, but here's one I found in chapter 37:


    Section 37-3-1 Short title.

    This chapter shall be known and may be cited as the "Alabama Motor Carrier Act." (Acts 1939, No. 669, p. 1064, §33; Code 1958, T. 48, §301(1a).)



    Section 37-3-2 Definitions.

    (3) COMMON CARRIER BY MOTOR VEHICLE. Any person who or which undertakes, whether directly or by a lease or other arrangement, to transport passengers or property or any class or classes of property for the general public in the State of Alabama by motor vehicle for compensation, whether over regular or irregular routes or whether between fixed termini or not, including such other motor vehicle operations of carriers by rail or water or express and forwarding companies under this chapter.


    I didn't see anything in 13A-11-74 that says a common carrier has to be on duty in order to be exempt, but he does have to be licensed as a
    common carrier:

    "The provisions of Section 13A-11-73 shall not apply..."
    "... to any common carrier, except taxicabs, licensed as a common carrier,..."

  6. #6
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    Mississippian wrote:
    From what I can gather, in Alabama, it is illegal for me to have a loaded handgun in my vehicle while I am waiting on my permit so...

    I've added a lockbox to the bed ofmyp/u and keep the gun unloaded in acase inside the lockbox until I am off any public road (ie- Walmart parking lot), then I get out, unlock the box, get the guncase, get back in the cab, load & holster the gun and then go shop...Yes it is a PITA.

    That said, I OCed at the Honda/Kawasiki motorcycle dealership on Halls Mill rd...No problems.

    Then went to Hall's motorsports (bought a Suzuki DRZ400:celebrate) and was in there for over an hour...No problems.

    Headed back home but stopped at Advanced Auto Parts in Grand Bay for a gallon of oil...No problems

    Then went to Grand Bay Auto (Bumper to Bumper) for another hard to find part and while I was checking out, the guy behind the counter said:

    "Wow! Things getting so bad you have to carry a gun? I can't even remember exactly what I said but some ofit went something likethis:

    "Well I wish I new where I would need it, then I would only carry it at that time."

    Then he told me he has a CC permit but doesn't feel the need to carry, next time I'm there, I'll try to strike a conversation with himand see where it goes.



    Anyway all in all, no:what::what:'s
    Well I don't know exactly if thats ok to carry the pistol unloaded locked away from access to yourself until you get the permit. But I will say it sounds legal, but I don't know. I read a topic under the OCW section and a LEO took this guys CCW cause he OC'd, that was it. So now he's fighting to get his permit back. From what I've read, and all the research I've done, I come to understand now, OCW is completely legal, but it will in transport in a vehicle you must have it concealed and have a CCW, but the way your doing sounds fine to, but I would check with the Shierffs Dept first.

  7. #7
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    I would check with the Shierffs Dept first.
    Well, I thought about that, but you and I both know what they would say, most likely anyway.

    Until I amof theanointed ones, I'll keep locking it away and atleast then if I do get pulled over, they would need probable cause before they could find the handgun.

    I guess we (me and my lawyer) will find out if anything ever happens.

    Which BTW, I found a gun friendly lawyer in Pascagoula, MS. I told him what I (we) were doing and he said he would be interested inrepresenting me incase something did happen. Oh yes, he has a cc permit himself.

  8. #8
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    great Mississippian, hope everything goes well and letme know if you want to try and get a group up here in mobile so we can inform and educate the mobile comminutiy that OC is in fact and endeed legal to do so in the state of al. Thanks, and please keep in touch

  9. #9
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    ...get a group up here in mobile so we can inform and educate the mobile comminutiy that OC is in fact and endeed legal to do so in the state of al.

    That is exactly what I'd like to do after I get my permit, until then I want tokeep a relatively low profile.

  10. #10
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    Well thats cool Mississippian, hope you get yours soon, so we can get this thing started, people of our community need to know that they can OC and they need to get use to seeing regular legal people oc'ing. so they will get that fear stigma out of there heads.

  11. #11
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    I know I read somewhere, but can't remember what website it was exactly that it states if your carrying your firearm from and to a place of business and you don't qualifiy to have a CCW permit you would have to have it completely unloaded magazine seperate from the firearm in differnt locked cases out of reach of yourself while in transport. Just my opinion on what I read, sounds pretty good right, I know I read it, but know way to verify it yet.

  12. #12
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    Check the CoA 13A-11-50ish to 80ish

    IIRC it doesn't say anything about locked, just a 'secure wrappper'.

  13. #13
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    kurtmax_0 wrote:
    Check the CoA 13A-11-50ish to 80ish

    IIRC it doesn't say anything about locked, just a 'secure wrappper'.
    Thanks kurtmax_0, I was doing some more research last night on OC'ing in the state of Alabama, you are completely right. Now I have a CCW permit, but what about those who don't qualify for the permit, can they still transport it to different places then open carry, cause the Alabama code is quite hard for me to understand a bit in places, you know.

  14. #14
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    I'm not sure. Probably only if they are transporting to/from range/gunsmith. I just carried a R870 in my truck before I had a permit.

  15. #15
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    It's been a while since I came around thissite and IANAL, but since it seemed people were having trouble remembering where you can transport a handgun without a permit, here's the code:
    § 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.
    (emphasis on last part mine)

    So pretty much anywhere that you can otherwise possess a firearm.

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