Monkeytown
Regular Member
imported post
OK, as previously posted by Neo, we may get a bill introduced this Legislative Session that clears up the confusion on the legality of open carry in Alabama. As a precursor to this possibility, I thought I would send a letter to my Sheriff and point out to him the contradictions between my CPL and the law. I just faxed him the letter below along with a hard copy of the Alabama Tri-fold and State of Alabama Firearms and Weapons Laws. I will keep you all posted on any response I get from him.
Sheriff Franklin,
Good afternoon, my name is XXXXXXXXXXXXX and I wanted to contact you in regards to the legality of open carry of a pistol in Alabama. I am relatively new concealed pistol license (CPL) holder in Elmore County. Since receiving my permit I have joined several internet forums for people with CPL’s in order to gain knowledge about concealed carry gear, situational awareness and to gather other information that will help me to become a safer and more responsible permit holder. During some of my investigation I have come across quite a bit of information that seems to indicate that open carry of a pistol is legal in the State of Alabama. I have attached two (2) documents that were put together by some folks at http://www.alabamagunrights.org. Would you be open to reviewing these documents and consider allowing persons within the County to carry openly without risk of arrest, detainment or possible revocation of their CPL? I’d also like to suggest a visit to the website listed above for additional information on the legality of open carry in Alabama.
Restriction #1 on my CPL states that the permit does not permit me to carrying openly, however after reviewing the attached documents it appears that it is completely within my rights to carry openly without a permit of any kind (as long as I am afoot and not in a vehicle) per Alabama Statute 13A-11-73.
Restriction #4 states that I am not allowed to carry my pistol in any place that serves alcohol. I realize that common sense would dictate that carrying while consuming alcohol is terribly irresponsible and should be prohibited. However, would you consider it ok to carry in a restaurant that sells alcohol as long as I was not consuming?
Restriction #5 restricts the carry of my pistol within government buildings, airport terminals, etc. However the Alabama Statute 13A-11-59(b) only restricts concealed carry while attending any demonstration being held at a public place. Also, the Statute 13A-11-72(c) & (d) specifically allows a citizen to carry a pistol on the premises of a public school as long as there is no intent to bodily harm.
In addition, the Alabama Statute 11-45-1.1 reserves the entire subject matter of handguns to the State Legislature, thereby voiding any and all restrictions on the CPL that are not in concert with the Alabama Statutes.
Please do not misunderstand my intentions. They are not to question or undermine your authority, but only to bring to your attention what appear to be contradictions between the law and the restrictions on my CPL. As a matter of preference I do not necessarily want to openly carry my pistol, but would like to have the option available to me, without the threat of arrest, detainment or revocation of my CPL, as it appears to be legal. Also, there is a large community of CPL holders across the State of Alabama, many of them here in Elmore County, that would also like to have this option. I know there is a concern about “man with a gun” calls and the difficulty in differentiating between bad guys and good guys, however there is a common saying I’m sure you have heard, “a right not exercised, is a right lost”.
Any thoughts or opinions you may have on this matter are greatly appreciated. Thank you in advance for taking the time to read this fax and review the attached information. I can be reached at the telephone number listed above or at my e-mail address: jkd_man2001@yahoo.com.
Thanks again,
Shaun
OK, as previously posted by Neo, we may get a bill introduced this Legislative Session that clears up the confusion on the legality of open carry in Alabama. As a precursor to this possibility, I thought I would send a letter to my Sheriff and point out to him the contradictions between my CPL and the law. I just faxed him the letter below along with a hard copy of the Alabama Tri-fold and State of Alabama Firearms and Weapons Laws. I will keep you all posted on any response I get from him.
Sheriff Franklin,
Good afternoon, my name is XXXXXXXXXXXXX and I wanted to contact you in regards to the legality of open carry of a pistol in Alabama. I am relatively new concealed pistol license (CPL) holder in Elmore County. Since receiving my permit I have joined several internet forums for people with CPL’s in order to gain knowledge about concealed carry gear, situational awareness and to gather other information that will help me to become a safer and more responsible permit holder. During some of my investigation I have come across quite a bit of information that seems to indicate that open carry of a pistol is legal in the State of Alabama. I have attached two (2) documents that were put together by some folks at http://www.alabamagunrights.org. Would you be open to reviewing these documents and consider allowing persons within the County to carry openly without risk of arrest, detainment or possible revocation of their CPL? I’d also like to suggest a visit to the website listed above for additional information on the legality of open carry in Alabama.
Restriction #1 on my CPL states that the permit does not permit me to carrying openly, however after reviewing the attached documents it appears that it is completely within my rights to carry openly without a permit of any kind (as long as I am afoot and not in a vehicle) per Alabama Statute 13A-11-73.
Restriction #4 states that I am not allowed to carry my pistol in any place that serves alcohol. I realize that common sense would dictate that carrying while consuming alcohol is terribly irresponsible and should be prohibited. However, would you consider it ok to carry in a restaurant that sells alcohol as long as I was not consuming?
Restriction #5 restricts the carry of my pistol within government buildings, airport terminals, etc. However the Alabama Statute 13A-11-59(b) only restricts concealed carry while attending any demonstration being held at a public place. Also, the Statute 13A-11-72(c) & (d) specifically allows a citizen to carry a pistol on the premises of a public school as long as there is no intent to bodily harm.
In addition, the Alabama Statute 11-45-1.1 reserves the entire subject matter of handguns to the State Legislature, thereby voiding any and all restrictions on the CPL that are not in concert with the Alabama Statutes.
Please do not misunderstand my intentions. They are not to question or undermine your authority, but only to bring to your attention what appear to be contradictions between the law and the restrictions on my CPL. As a matter of preference I do not necessarily want to openly carry my pistol, but would like to have the option available to me, without the threat of arrest, detainment or revocation of my CPL, as it appears to be legal. Also, there is a large community of CPL holders across the State of Alabama, many of them here in Elmore County, that would also like to have this option. I know there is a concern about “man with a gun” calls and the difficulty in differentiating between bad guys and good guys, however there is a common saying I’m sure you have heard, “a right not exercised, is a right lost”.
Any thoughts or opinions you may have on this matter are greatly appreciated. Thank you in advance for taking the time to read this fax and review the attached information. I can be reached at the telephone number listed above or at my e-mail address: jkd_man2001@yahoo.com.
Thanks again,
Shaun