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OPEN CARRY OF A UNLICENSED UNCONCEALED PISTOL

aadvark

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OPEN CARRY OF A LOADED PISTOL SO AS LONG AS YOU ARE ON FOOT IS LEGAL IN ALABAMA, AND MUNICIPAL CORPORATIONS, POLITICAL SUBDIVISIONS, AND OTHER COUNTY SUBDIVIONS CANNOT ENFORCE ANY PISTOL LAWS ANY STRICTER THAN ALABAMA STATE LAW REGULATING PISTOLS!

HOWEVER, YOU CANNOT BE A PROHIBITED PERSON. PROHIBITED PERSONS ARE (IN ACCORDANCE WITH 13A-11-72 AND 18 U.S.C. 922):

PERSONS UNDER 18, PERSONS WHO ARE DRUNKARDS, PERSONS WHO ARE MENTALLY ILL, PERSONS WHO HAVE BEEN CONVICTIED OF A FELONY CRIME OF VIOLENCE, PERSONS WHO ARE ADDICTED TO ANY ILLEGAL DRUGS, PERSONS WHO HAVE BEEN DISHONORABLY DISCHARGED FROM THE MILITARY, PERSONS WHO ARE FELONS, PERSONS WHO HAVE RENOUNCED THEIR CITIZENSHIP OR ARE NOT THEMSELVES CITIZENS, AND PERSONS WHO HAVE BEEN CONVICTED OF DOMESTIC VIOLENCE

SO AS LONG AS YOU ARE NOT A PROHIBITED PERSON, THEN YOU CAN CARRY A UNLICENSED UNCONCEALED PISTOL ANYWHERE IN ALABAMA EXCEPT:

PRIVATE PROPERTY WHERE THE OWNER SPECIFICALLY RESTRICTS OR PROHIBITS FIREARMS, AND TO OR WHILE AT, IN, ON, OR WITHIN A 1000 FEET OF ANY PUBLIC DEMONSTRATION AFTER HAVING BEEN TOLD BY A LAW ENFORCEMENT OFFICER (AS CODIFIED UNDER 13A-11-59), AND SCHOOLS K-12 WITH INTENT TO USE THE FIREARM (PISTOL PERMITS ARE A DEFENSE SO IS NOT HAVING INTENT)

DO NOT SHOOT YOUR PISTOL OR USE YOUR PISTOL TO FIGHT IN A PUBLIC PLACE OUTSIDE OF SELF DEFENSE (13A-11-56, 13A-11-61, AND 13A-11-61.1).

SELF DEEFENSE LAWS ARE 13A-3-20 THROUGH 13A-3-27, BUT YOU MAY NOT USE YOUR PISTOL TO RESIST ARREST PURSUANT 13A-3-28.

IF YOU CARRY A PISTOL ON YOUR PERSON CONCEALED OR YOU CARRY A PISTOL ANYWHERE IN YOUR MOTOR VEHICLE THEN YOU WILL NEED A PISTOL PERMIT FROM THE SHERIFFOF THE COUNTY IN WHICH YOU LIVE(13A-11-73).PISTOL PERMITS ISSUED BY ANY SHERIFF ARE GOOD THROUGHOUT THE WHOLE STATE, BUT SO ARE HIS RESTRICTIONS ON THE BACK OF THE PISTOL PERMIT(13A-11-74 AND 13A-11-75).

HOWEVER, THE RESTRICITONS, IF ANY, DO NOT APPLY FOR OPEN CARRY; THEY ONLY APPLY TO CONCEALED CARRY. SO IF A RESTRICTION SAYS YOU MAY NOT CARRY A CONCEALED PISTOL JUST OPEN CARRY YOUR PISTOL AND AVOID PROSECUTION.

ALABAMA STATE LAW 13A-11-52 IS BAD LAW AND HAS BEEN SUPERCEDED, BY THE ALABAMA STATE LEGISLATURE, PER 13A-11-73. THERE IS A LOTOF CASELAW ANDATTORNEY GENERALOPINIONS ON THIS MATTER AND IT IS READILY CONFIRMED BY A GOOD ATTORNEY WHO KNOWS ALABAMA FIREARMS RIGHTS AND LAWS. ALSO, OPEN CARRY OF ANY FIREARM IS NOT DISORDERLY CONDUCT PER 13A-11-7, BUT DO NOT RESIST ARREST FOR EITHER, BUT RATHER, TAKE THEM TO COURT.

ALABAMA STATE LAWS11-80-11 AND 11-45-1.1 PREEMPT FIREARMS MATTERS EXCLUSIVELY TO THE STATE OF ALABAMA.THEREFORE MUNICIPAL CORPORATIONS, COUNTIES, AND OTHER STATE DEPARTMENTS HAVE NO SAY SO TO CIRCUMVENT STATE FIREARM LAWS. FOR INSTANCE IF YOU LIVE IN A CITY THAT HAS A LOCAL ORDINANCE THAT SAYS---ex. NO GUNS IN PARKS---THEN PREEMPTION WOULD APPLY AND YOU CAN CARRY YOUR GUN INTO THE PARK NOTWITHSTANDING THE LOCAL ORDINANCE.MOST POLICE KNOW THIS, BUT THEY MAY ARREST YOU ANYWAY, BE PATIENT YOU WILL WIN IN COURT.

HERE AGIAN, IF YOU ARE LEGALLY ELIGIBLE YOU COULD CARRY YOUR UNLICENSED UNCONCEALED PISTOL INTO A COURTHOUSE! IF YOU REALLY WANTED TO, BUT BE ADVISED WHENSOME SILVER-BLUE HAIRED LADY DOES NOT LIKE IT AND REPORTS YOU-THEN YOU WILL GET ALL KINDS OF ATTENTION FROM THE POLICE FOR DOING SO ESPECIALLY IF YOU ARE IN THE COURTHOUSE, DESPITE THE FACT THIS IS PERFECTLY LEGAL INALABAMA----THERE ARE SIMPLY NO LAWS AGAINST IT.

BE POLITE, RESPECTFUL, AND COURTEOUS TO OFFICERS WHEN THEY APPRAOCH YOU THOUGH; HOWEVER, EVEN IF YOU ARE ARRESTED, IFYOU FOLLOW MY ADVICE ABOVE YOU SHOULD PREVAIL IN COURT.

FOR MORE INFORMATION CONTACT AN EXPERIENCED AND TRUSTED ATTORNEY, OR GO TO HTTP://ALABAMAGUNRIGHTS.ORG FOR MORE INFORMATION. A GREAT CASE TO BRING TO YOUR ATTORNEYS OPINION IS: LOONEY V. STATE 41 AL. APP. 582 (1962)!!!
 

r6-rider

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unlicensed lol what a libtard term

how ever, i did not know AL prohibited those who were dishonorably discharged. id look to see how many other states do that but im kind of lazy right now
 

acrimsontide

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r6-rider wrote:
unlicensed lol what a libtard term

how ever, i did not know AL prohibited those who were dishonorably discharged. id look to see how many other states do that but im kind of lazy right now
I think you will find that prohibition in all states. The NICS form asks if you have been dishonorably discharged and if that question is answered yes, the firearms dealer will not even call in for the background check.
 

KBCraig

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Correct, a dishonorable discharge is the result of a conviction at general court martial. This is equal to a felony conviction.

For a commissioned officer, the equivalent is "dismissal from the service".
 

aadvark

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Open Carry of a Unlicensed Unconcealed Pistol is the exact, precise,term that is used in The Code of Alabama 1975 which is found in the Case Law Looney v. State.

Dishonorable Dischargesare per Federal Law, 18 U.S.C. 922.

I am sorry for you in Texas for not being able to openly carry a Pistol, but on the bright side you may openly carry a Long gun. Nevertheless, thank you for confirming the Federal Law surronding the issue on Dishonorable Discharges, per Federal Law.
 

aadvark

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No oneneeds a License to own a Pistol, the Law in Alabama is the exact same as in Pennsylvania.

In order to carry a Pistol one must openly carry the Pistol on foot when that Man goes about His business. If He covers the Pistol with his shirt or gets into any motor vehicle, then, He needs a Pistol Permit from the County Sheriff's Office.
 

AFSARGE

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im new to this forum but my question is: if open carry is legal why does my concealed permit say "this permit permit does not allow you to open carry"



being in the military an on leave in state i dont want any trouble that could affect my career. any info that you all can provide would be greatly appreciated
 

r6-rider

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AFSARGE wrote:
im new to this forum but my question is: if open carry is legal why does my concealed permit say "this permit permit does not allow you to open carry"



being in the military an on leave in state i dont want any trouble that could affect my career. any info that you all can provide would be greatly appreciated
what state are you in?

oops nvm im guessing AL haha. if so then exactly what aadvark said its ok to OC til you get in the car then just cover it up since you have your ccw. but if you have your ccw and dont want problems on leave id just keep it concealed personally
 

SlackwareRobert

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AFSARGE wrote:
im new to this forum but my question is: if open carry is legal why does my concealed permit say "this permit permit does not allow you to open carry"



being in the military an on leave in state i dont want any trouble that could affect my career. any info that you all can provide would be greatly appreciated
Just leave the huntsville area first :banghead::banghead: AL freedom seems to fall off the
farther you get from the gulf.

But the wording is "it does not permit you to carry openly"
This is true, you don't need anything to carry openly.
It also does not permit you to bake a cake, but you still can.
Just a play on words to trick you into not doing it by the overlords.

Be safe, and be recorded!
 

aadvark

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YOU MAY OPEN CARRY ANYWHERE IN ALABAMA, OUTSIDE OF PUBLIC DEMONSTRATIONS AND FEDERAL/PRIVATE PROPERTY, IN ALABAMA WITH OR WITHOUT A PISTOL PERMIT, PROVIDED; YOU CAN LEGALLY OWN/HAVE/CARRY/USE A PISTOL PER FEDERAL AND ALABAMA STATE LAW.

THE RESTRICTIONS ON THE BACK OF YOUR PERMIT DO NOT MEAN ANYTHING WHEN IT COMES TO OPEN CARRY.

WHEN 13A-11-52 AND 13A-11-73 CONFLICT, 13A-11-73 WINS EVERY TIME.

IF A PRIVATE PROPERTY OWNER TELLS YOU TO LEAVE THOUGH, OR IF YOU ARE ON FEDERAL PROPERTY, OR IF YOU ARE AT A PUBLIC DEMONSTRATION, THEN, YOU MAY NOT OPEN CARRY WITH OR WITH OUT A PISTOL PERMIT.

SCHOOLS K-12 ARE LEGAL TO CARRY AT WITH A PISTOL PERMIT FROM A ALABAMA SHERIFF, PROVIDED, THERE IS NO INTENT TO USE THE FIREARM/WEAPON AND THE K-12 SCHOOL IN QUESTION IS IN ALABAMA.

IF YOU GET INTO ANY MOTOR VEHICLE WITH A PISTOL OR CONCEAL ANY PISTOL ON YOUR PERSON YOU NEED A ALABAMA PISTOL PERMIT.

IF THE LOCAL SHERIFF GETS MAD AT YOU FOR CARRYING TO A SCHOOL WITH A PISTOL PERMIT OR FOR OPEN CARRYING, THEN, HE MAY REVOKE YOUR PERMIT, WHICH, ULTIMATELY MEANS YOU WALK EVERYWHERE YOU GO FOR NOW ON WITH ANY PISTOL OPENLY.

HOWEVER, IN ALABAMA, HAVING TO WALK TO THE NEXT TOWN/CITY IS A TALL ORDER AS THINGS THERE ARE SPREAD APART QUITE SOME BIT. TRY NOT TO MAKE YOUR SHERIFF MAD, BUT KNOW YOUR RIGHTS AND ALABAMA LAW.
 

Daddyo

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aadvark wrote:
YOU MAY OPEN CARRY ANYWHERE IN ALABAMA, OUTSIDE OF PUBLIC DEMONSTRATIONS AND FEDERAL/PRIVATE PROPERTY, IN ALABAMA WITH OR WITHOUT A PISTOL PERMIT, PROVIDED; YOU CAN LEGALLY OWN/HAVE/CARRY/USE A PISTOL PER FEDERAL AND ALABAMA STATE LAW.

THE RESTRICTIONS ON THE BACK OF YOUR PERMIT DO NOT MEAN ANYTHING WHEN IT COMES TO OPEN CARRY.

WHEN 13A-11-52 AND 13A-11-73 CONFLICT, 13A-11-73 WINS EVERY TIME.

IF A PRIVATE PROPERTY OWNER TELLS YOU TO LEAVE THOUGH, OR IF YOU ARE ON FEDERAL PROPERTY, OR IF YOU ARE AT A PUBLIC DEMONSTRATION, THEN, YOU MAY NOT OPEN CARRY WITH OR WITH OUT  A PISTOL PERMIT.

SCHOOLS K-12 ARE LEGAL TO CARRY AT WITH A PISTOL PERMIT FROM A ALABAMA SHERIFF, PROVIDED, THERE IS NO INTENT TO USE THE FIREARM/WEAPON AND THE K-12 SCHOOL IN QUESTION IS IN ALABAMA.

IF YOU GET INTO ANY MOTOR VEHICLE WITH A PISTOL OR CONCEAL ANY PISTOL  ON YOUR PERSON YOU NEED A ALABAMA PISTOL PERMIT.

IF THE LOCAL SHERIFF GETS MAD AT YOU FOR CARRYING TO A SCHOOL WITH A PISTOL PERMIT OR FOR OPEN CARRYING, THEN, HE MAY REVOKE YOUR PERMIT, WHICH, ULTIMATELY MEANS YOU WALK EVERYWHERE YOU GO FOR NOW ON WITH ANY PISTOL OPENLY.

HOWEVER, IN ALABAMA, HAVING TO WALK TO THE NEXT TOWN/CITY IS A TALL ORDER AS THINGS THERE ARE SPREAD APART QUITE SOME BIT.  TRY NOT TO MAKE YOUR SHERIFF MAD, BUT KNOW YOUR RIGHTS AND ALABAMA LAW.

Your caps lock is on again.
 

aadvark

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A PREFER TO WRITE IN ALL CAPITAL LETTERS ON THIS BLOG.

IT SERVES TO DISTINGUISH MY WRITING EDITORIALS.
 

acrimsontide

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aadvark wrote:
A PREFER TO WRITE IN ALL CAPITAL LETTERS ON THIS BLOG.

IT SERVES TO DISTINGUISH MY WRITING EDITORIALS.
But it "sounds" as if you are mad at us
 

aadvark

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NO I AM NOT MAD AT ALL. I PROMISE.

INSTEAD, I PREFER TO WRITE IN CAPITAL LETTERS BECAUSE I CAN EASILY DISTINGUISH MY EDITORIALS FROM OTHERS IN LONGER BLOGS THAT HAVE MUCH MORE COMMENTS THAN WHAT THIS ONE DOES.

I WOULD NEVER GET MAD AT ANYONE, AND, IN FACT, I AM A VERY NICE PERSON.

PLEASE DO NOT GET OFFENDED AT MY CAPITAL LETTERS.


Actually, it has now been brought to my attention by another member that excessive capitalization of letters within articles is prohibited under the rules of this forum.

From now on I will writeusing standardcapitalization.
 
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