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OC law & pamphlets question

cowboy67

Regular Member
Joined
Dec 18, 2009
Messages
100
Location
Opelika, Alabama, USA
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Ok, I know I read it here but for the life of me cannot find the info.



1st, what is the Alabama law for OC? For example, Concealed law is covered under section 13A-11-XX



2nd, I thought it was on this website that I seen where you could download informational pamphlets on OCing. Anyone know where I can download some if they are available? I am interested in giving them out to educate the people in my area.



Thanks, Jim
 

aadvark

Regular Member
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Aug 25, 2009
Messages
1,597
Location
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The Official Code of Alabama has two Statutes regarding Open Carry, or rather Carry in General, ofa Pistol. these two Statutes are: 13A-11-52 (Carrying a Pistol on [Private Property] not His [your] own), and 13A-11-73 (Carrying a Pistol without a License).

There are numerous decisions concerning Open Carry throughout Alabama. As is relevant to Alabama Code, in pertinant:

13A-11-52 forbids carrying a Pistol on [Private Property] not your own, however; this Law does begin with the clause: 'Except as otherwise provided in the Article...'

Therefore, we proceed to 13A-11-73 which forbids carrying a Pistol without a License. This Law works to prohibit Unlicensed Carry Concealed on your Person, or in a Motor Vehicle.

One need not have a Permit to Open Carry, provided; the Person does so while on foot. Once the Person conceals the Pistol in question, or gets into a Motor Vehicle with it, then, He needs a License to do so or is at risk for being placed udner Arrest.

The sole regulation of Pistols is of a General State-wide concern, and there a specific Law that says so under Alabama Code 11-45-1.1. In fact, Local Governments and Counties cannot even regulate the Discharge of Pistols or prevent there employees from bringing them to work or carrying them while at work. Alabama is unique in this aspect. Local Laws about Firearms mean absolutely nothing and are all prohibited under Preemption. Furthermore Alabama Law Generally Preempts all Firearm related matters, including Gun Shows and gun Law Suits, underAlabama Code 11-80-11.


The website concerning Court and Attorney General Opinions is located at the following website: http://alabamagunrights.org/wpcontent/uploads/2008/02/tri-fold.pdf

The website above is from: http://alabamagunrights.org/

Both are very helpful. Also, Google Alabama Attorney General and look up Official publicized Opinions from His Office concering Firearms.

You may carry a Pistol everywhere in Alabama, provided you are not a Felon, Drug Addict, or Drunkard, except to or while at Public Demonstrations as is codified under Alabama Code 13A-11-59. Schools are Legal under 13A-11-72 with a Valid Alabama Pistol Permit. Restrictions on the back of your Permit do not mena anything when it comes to Open Carry. Therefore if, let's pretend, your Permit says NO CARRY AT RESTAURANTS, then, what that means is no Concealed Carry at Restaurants. Simply put... Open Carry and you will be fine. However this does not work at Public Demonstrations, and you have the Civil Rights Movement to thank for that.

Furthermore, read OPEN CARRY OF A UNLICENSED UNCONCELAED PISTOL. It should be somewhere under Alabama (stories from the States).
 
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