oc/ccw questions

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New to the boards and I was glad to see so many alabama guys talking here. I am in scottsboro and frequently travel to Huntsville. My question on ccw might be on the wrong forum,but I wanted some knowledge from you Al. guys. I have asked and read but still no solid answer. I have an "unrestricted" pistol permit. In Alabama,can I carry concealed in resturants or places that serve alcohol? I remember the 1st permit I got came with some books and stuff and I am almost sure somewhere in there It said not to carry where alcohol was served but cant locate the book.

As far as vehicle carry loaded,i usually just keep the gun where it is always at,my waist band with full clip and chambered.Is that legal?

And finally,when carrying a gun in holster on a belt,if the tip of the holster is visable past my shirt,is that legal as concealed?

Thanks guys.

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Welcome to the board! The source for concealed carry information is here:

http://www.handgunlaw.us/states/alabama.pdf

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Good Morning SVT,

And welcome to the open carry discussion board.

In answer to the first question, I think you may be refering to the restrictions some county sheriffs have printed on the CCW licenses they issue.

Those restrictions carry no legal weight at all and cannot be inforced. Alabama shefiffs cannot write Alabama laws. The Alabama legislature already did that. As long as you are in possession of a concealed carry permit issued by any Alabama sheriff, you may carry your handgun in your vehicle or concealed about your person. It does not matter whether it is loaded or not. Privately owned business establishments as well as private homeowners may ask you to leave if they wish, but absent that, the only restrictions I am aware of are none. Even courthouses are not restricted technically, but you may encounter a confrontation with a security guard hired for the purpose of screening the public.

Judges however may legally prohibit handguns in their court rooms.

As far as the vehicle question, yes you may carry loaded handguns in your vehicle.

As far as the handgun showing fron underneath your shirt or jacket, yes if it is showing it is no longer concealed. But please remember, the open carrying of a handgun in Alabama by a person on foot, outside of his vehicle, is strictly legal.

So by showing a part of your handgun or holster, either accidentally or intentionally is a no foul.

Enjoy your new freedom, use it responsibly and share your experiences with others here who value our freedoms and work vigilanly to insure they stay just that way.

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AirBear wrote:

....In answer to the first question, I think you may be refering to the restrictions some county sheriffs have printed on the CCW licenses they issue.

Those restrictions carry no legal weight at all and cannot be inforced.....

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AirBear, I think it's important to point out to Lightning_SVT that, although those restrictions carry no legal weight, a violation of them may result in the sheriff revoking the concealed carry permit. Alabama is not a "shall-issue" state. Here, concealed carry permits are issued, and revoked, at the sheriff's discretion.

Best regards - Neo

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Let me chime in with just one more thing though..., in Alabama it is Illegal:

A. To carry a Firearm to or while at any Public Demonstration, per Alabama Law 13A-11-59.

B. It is also Illegal to carry any Firearm to or while at any K-12 School, unless you have a Permit and there is no Intent to use it.

... and yes, Courthouses are technically Legal!

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wow....thank you all for the quick response time.I have asked these questions on other boards but there was never any others posting from alabama so the answers I got were always questionable at best.I have been carrying for a couple of years now andI always locked the gun in the glove box when going into resturants because I was not sure of alcohol serving laws.Which always made me a little confused since these areas are always on the news for some violent crime.Thank you again for the answers.

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Lightning_SVT wrote:

wow....thank you all for the quick response time.I have asked these questions on other boards but there was never any others posting from alabama so the answers I got were always questionable at best.I have been carrying for a couple of years now andI always locked the gun in the glove box when going into resturants because I was not sure of alcohol serving laws.Which always made me a little confused since these areas are always on the news for some violent crime.Thank you again for the answers.

Click to expand...

I think alcohol restaurants are fair game, but the rules change when you start drinking. I'm pretty the punishment for DUI, wreck, drunk in public or anything else involving police or law will be much worse if you're carrying while drinking.

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You may carry a Pistol anywhere, except Public Demonstrations and K-12 Schools, in Alabama, the same as evidenced under my previous posts on this forum. It is perfectly Legal to go to a Restaurant, Bar, Tavern, etc. with any Pistol, Firearm, or any other Weapon provided you are not ineligible to do so under Federal/State Law and the same is not concealed. If asked to leave, you must leave. Refusal to do so is Criminal Tresspassing, which is a Crime as is codified under Alabama Code 13A-7-4.

Although any Permint Restrictions on the back of any Pistol Permit do not apply to Open Carry of a Unlicensed Unconcealed Pistol, they certainly may apply to anyone who is drinking Alcohol while carrying a Firearm, especiallywhilein Public. Remember, throughout much of 'The South' it is a Crime to be a Public Drunk, in fashion or capacity or another, and it is punishable under Alabama Law 13A-11-10.

Not to be confused though, it is not the 'Restriction' itself, per se, but rather, a Violation of, say 13A-11-72(b) of The Official Code of Alabama 1975.

Such a Violation can, and will, result in '... imprisonment for any term not more than one year, and by a fine of not more than $500.' The same as evidenced and codified under The Official Code of Alabama 1975 13A-11-84(a).

Now, the Official Code of Alabama 1975 uses the term 'Habitual Drunkard', however; I do not have the Case Law on just what exactly a 'Habitual Drunkard' is, but I am sure that it would be located in The Official Code of Alabama as CaseLaw itself. Someone is certainly not, atleast within my opinion, a 'Habitual Drunkard' of off solely a single, two or three,occasion(s) whilst Drunk..., or so---.

Either way though..., carrying aPistol, while Drunk, is a sure-fire way to getArrested, and most probably getting that Pistol forfeited to The State of Alabama.

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Great info.I don't drink so I was just wanting to know where I was legal to carry.My fiance is a 4th grade teacher so I knew about the school restrictions.Glad I no longer feel the need to leave the Glock in the car when going out to eat.Thanks for the info.

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I got some good news for you!

You may carry your Firearm into a School in Alabama!

As is codified under The Official Code of Alabama 1975, and more specifically 13A-11-72(e), it is perfectly Legal to carry a Firearm into a School, as long as:

1. You have a Valid Alabama Pistol Permit, and 2. There is no 'intent' on using your Firearm against anyone while there.

Remember, all of this is codified under The Official Code of Alabama 1975, as 13A-11-72(c) and 13A-11-72(e) [as the exception to 13A-11-72(c)].

It is perfectly Legal to carry a Firearm into any College, University, Technical School, etc., and they may not prevent this.

Such action, especially with a Pistol, is entirely preempted under Alabama Code 11-45-1.1.

In fact, Local Governments can not even regulate the Discharge of a Pistol, outside of enforceing Alabama Codes 13A-11-61 and 13A-11-61.1.

Rather or not your Wife likes it or not..., well, that is a different story...


In fact... you can Openly Carry your Glock Handgun with you everywhere, including: County/City Hall, Sheriff's/Police Department, County/Fire Department, Library, Courthouse, Church House, Bank, Grocery Store, Arcade, Movie Theater, any other miscellaneous City/County Building, Parks,Fast Food Restaurants, Department Store, Wal-Mart, etc., etc., etc...[.] Remember, Private Property is Private Property though. However, Private Property 'rules' do not apply to Public Property.

Maybe... she will join you and support Firearm Rights in Alabama...

State-wide Preemption is just that... Preemption!AlabamaCodes 11-80-11 and 11-45-1.1.

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She does in fact support guns and feels much more secure when I have mine on me(pretty much at all times where legal).

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Ooops, I am sorry about that...

Thats what I get for thinking..., but I do think that it is good that She supports you about this issue.

The reason why I had initially assumed as much is that, atleast in my experience, many Women I know hate Firearms.

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Her Dad is a very avid hunter.If there is a season for it,He kills it and we eat good.I use to fish the bass tournament trails for a living and now do it part time.My full time job is custom painting fishing lures and guiding so she is use to the "outdoors" type of guy.If you went by looks you would never guess she has fished local tournaments with me or shot some of my guns.Im trying to get her ready to shoot my G21sf,but she has watched me shoot and the recoil of that 45 intimidates her.But she will get there

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Clarification question....aardvark

Since the code states must have a valid Alabama pistol permit into a school, and Alabama counties issue concealed carry permits not general license to carry permits; does this not imply that you MUST carry concealed inside a school ?

That's the way I've been interpreting this for the last few years and yes I carry concealed into my kids schools all the time.

Thanks for any thoughts

aadvark wrote:

I got some good news for you!

You may carry your Firearm into a School in Alabama!

As is codified under The Official Code of Alabama 1975, and more specifically 13A-11-72(e), it is perfectly Legal to carry a Firearm into a School, as long as:

1.  You have a Valid Alabama Pistol Permit, and 2.  There is no 'intent' on using your Firearm against anyone while there.

Click to expand...

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Under Alabama Law there is no stipulation that one must carry a Firearm or Weapon Concealed, even off of the authority of a Valid Pistol Permit.

In fact, Concealed Carry is Illegal, per Alabama Code 13A-11-50.

Seems to me that if one carries His Firearm Openly, on School Grounds (K-12), with no intent to use the same, off of the authority of said Pistol Permit, then, no Violation of Law occurs.

I imangine that Schools would prefer Concealed Carry though, but they are Preempted under Alabama Codes 11-45-1.1 and 11-80-11, so want they would like really does not matter.

In essence, Open Carry and Concealed Carry is a personnel choice.

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Ahhh that makes sense. Confusing but it makes sense.

Thanks for the assist. I agree that schools would 'prefer' concealed carry over open carry and that their preference does not legally matter.

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Ok everyone. I was looking at another section of this forum, and there was a post showing that under the Alabama Admin code, you are restricted from carrying a firearm into a courthouse. Does anyone know about this? I would be very careful. I am all about exercising my 2nd Amendment rights to the fullest, but all it takes is one person who makes a mistake by not knowing their limits, to hurt all of us.

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aadvark wrote:

I got some good news for you!

You may carry your Firearm into a School in Alabama!

As is codified under The Official Code of Alabama 1975, and more specifically 13A-11-72(e), it is perfectly Legal to carry a Firearm into a School, as long as:

1. You have a Valid Alabama Pistol Permit, and 2. There is no 'intent' on using your Firearm against anyone while there.

Remember, all of this is codified under The Official Code of Alabama 1975, as 13A-11-72(c) and 13A-11-72(e) [as the exception to 13A-11-72(c)].

It is perfectly Legal to carry a Firearm into any College, University, Technical School, etc., and they may not prevent this.

Such action, especially with a Pistol, is entirely preempted under Alabama Code 11-45-1.1.

In fact, Local Governments can not even regulate the Discharge of a Pistol, outside of enforceing Alabama Codes 13A-11-61 and 13A-11-61.1.

Rather or not your Wife likes it or not..., well, that is a different story...


In fact... you can Openly Carry your Glock Handgun with you everywhere, including: County/City Hall, Sheriff's/Police Department, County/Fire Department, Library, Courthouse, Church House, Bank, Grocery Store, Arcade, Movie Theater, any other miscellaneous City/County Building, Parks,Fast Food Restaurants, Department Store, Wal-Mart, etc., etc., etc...[.] Remember, Private Property is Private Property though. However, Private Property 'rules' do not apply to Public Property.

Maybe... she will join you and support Firearm Rights in Alabama...

State-wide Preemption is just that... Preemption!AlabamaCodes 11-80-11 and 11-45-1.1.

Click to expand...

aadvark, you are incorrect.

RustyFalcon wrote:

http://www.alabamamoments.alalinc.net/Judicial%20Admin%20individual/rule37.html

A comment in Rule 27 indicates this comes under authority of Alabama Code 12-1-2, 12-2-7, and 12-2-19(b)

Alabama Code 12-2-19(b) seems to be the operative authority here as excerpts read: "...the Legislature finds that it is within the scope of such authority for the Supreme Court to make rules of administration pertaining to ... the security of courts..."

Click to expand...

The Alabama Supreme Court has the authority, and exercised it, to restrict carry of firearms in court houses.

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QUESTION...

I visit Alabama at least once a year. While I'm in your beautiful state, can I OC considering I'm not a resident of AL? I'm hoping to OC in the Hodges and Hamilton area.