Page 1 of 2 12 LastLast
Results 1 to 25 of 38

Thread: Can you be 18 and open carry?

  1. #1
    Regular Member Hollowpoint38's Avatar
    Join Date
    Mar 2010
    Location
    A sandwich made of knuckles, Hoover, Alabama
    Posts
    387

    Post imported post

    Go to the OpenCarry.org homepage and go to the maps. One map says in ALabama you can open carry if you are 18 years old.I called the police department, but the officer said you must be 21 own own a pistol, buy the ammo, AND open carry.



    There seems to be conflicting law somewhere. Anyone know?



    Can an 18 year old Open Carry a pistol?

  2. #2
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    Never take legal advice from a cop.

    http://handgunlaw.us/states/alabama.pdf says yes

    Purchasing ammo is federally regulated IIRC and you must be 21 to purchase. I'm 20... so I just buy it online.
    Sic Semper Tyrannis

  3. #3
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    Note that you will not be able to purchase a handgun at 18 from a FFL either. I don't know about Alabama, but in Virginia private sale is legal for 18 and up.
    Sic Semper Tyrannis

  4. #4
    Regular Member Hollowpoint38's Avatar
    Join Date
    Mar 2010
    Location
    A sandwich made of knuckles, Hoover, Alabama
    Posts
    387

    Post imported post

    But can you open carry? If you, at 20 years old, open carryed a pistol in Alabama would you go to jail? You said never take legal advise froma cop, but the cops will be the ones to arrest you.

  5. #5
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    Be careful.

    In Ohio, state law says private sale is for 21+. At first glance, no citizen of Ohio under the age of 21 would be legally able to possess a handgun. However there is no law stating the minimum age to posses a handgun in Ohio, only to attempt to purchase.

    As a 20 year old citizen of Virginia, I could legally OC in Ohio (having obtained my guns legally in Virginia). A 20 year old resident of Ohio could not (because he would have no legal way to obtain a handgun).


    The cops can think what they want, and from personal experience they are often wrong. What matters is what happens in the court room, or maybe when their supervisors are called. Within the last week, a member of the Virginia Beach SWAT team approached a member of this board telling him he needed to conceal his firearm because he thought OC was illegal in Virginia. A man has sued the city of Norfolk 2 or 3 times and won because of cops who thought they knew the law and were wrong. The city is now 20 or 30 thousand dollars poorer.

    So again, never ever take legal advice from cops.

    On to your question:

    Step 1: The AG opinion reference in the link I sent you previously says OC is legal. No license needed.

    Note: A license is required to carry (in any manner) in a vehicle. A license is required to conceal your gun.

    Step 2: The link I sent says that the minimum age for a license is 18. That would lead me to believe that the minimum age to OC would be 18 as well. Assumptions are bad, and the consequences of a false assumption possibly severe.

    I am not willing to go through the Alabama code to find you the exact statue but opencarry.org lists the minimum age to OC at 18.
    Sic Semper Tyrannis

  6. #6
    Regular Member Hollowpoint38's Avatar
    Join Date
    Mar 2010
    Location
    A sandwich made of knuckles, Hoover, Alabama
    Posts
    387

    Post imported post

    oh ok. You made several good points. I think I need to discuss it with my Sheriff and get his take on it. Actually, I think I should call the District Attorney. Some sheriffs like to enforce theirs own views on the law if they aren't sure of it. I'll be sure to post my response next week. Thanx

  7. #7
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    Good luck! Let me/us know what happens.
    Sic Semper Tyrannis

  8. #8
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    Something else to remember...
    The Alabama code does not make something legal, it makes things illegal.

    Granting rights is not the function of the law. They may only prohibit (infringe), not grant rights.

    Ninth amendment sorta thing.
    Sic Semper Tyrannis

  9. #9
    Regular Member Hollowpoint38's Avatar
    Join Date
    Mar 2010
    Location
    A sandwich made of knuckles, Hoover, Alabama
    Posts
    387

    Post imported post

    i'm not following you. What's your point? (sorry, I'm half asleep) Could you explain what you mean by that?

  10. #10
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    People seem to think that laws make things legal. The opposite is true.

    In Virginia no law says anything to the effect of, "If you are 18 years or older you may carry a handgun openly". That is a non enumerated right; it belongs to the people because it has not been taken away by the government.

    Edit: OK bad example. Carrying a gun *is* an enumerated right both on the Federal and State level.

    You may find that the same thing is true in Alabama. The only indication of 18+ carry may be a law that says, "It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth." -Virginia 18.2-308.7
    Sic Semper Tyrannis

  11. #11
    Regular Member
    Join Date
    Jan 2010
    Location
    mt. olive, Alabama, USA
    Posts
    21

    Post imported post

    in short yes. Federal law regulates that you must be 21 to BUY a hand gun... not own. You can carry a handgun at 18 openly

  12. #12
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    fox2102 wrote:
    in short yes.* Federal law regulates that you must be 21 to BUY a hand gun... not own.* You can carry a handgun at 18 openly
    But an 18 year old could buy a handgun from a private party in his state if state law does not prohibit it.
    Sic Semper Tyrannis

  13. #13
    Campaign Veteran
    Join Date
    Jul 2008
    Location
    Lobelville, Tennessee, USA
    Posts
    2,615

    Post imported post

    The Federal law limiting purchase of a handgun to 21+ is for purchases through a FFL dealer. Fed law does not regulate private sales. Private sales are regulated via state laws.

    I don't think Fed regulates age of possession/carry either. Again that is handle on the state level.

  14. #14
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Hollowpoint38 wrote:
    oh ok. You made several good points. I think I need to discuss it with my Sheriff and get his take on it. Actually, I think I should call the District Attorney. Some sheriffs like to enforce theirs own views on the law if they aren't sure of it. I'll be sure to post my response next week. Thanx
    These people are not paid to give you correct legal advice. What incentive do these folks have to tell you that it is legal even if it is legal?

    Research it yourself for starters - what Ala. statute makes it illegal for you to possess a handgun? or carry one in public openly?

    If you want real legal advice, hire a lawyer to answer your question.

  15. #15
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    One thing I would ask local LEOs is, "How would you react to seeing a 15 yo (for example) OCing?

    Their legal advice may well be suspect, but I'd want to know what their policies are!

  16. #16
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Task Force 16 wrote:
    I don't think Fed regulates age of possession/carry either
    Actually, they do - min age is 18 to possess a handgun or ammo suitable for use in a handgun. 18 USC 922(x).

  17. #17
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    Mike wrote:
    Task Force 16 wrote:
    I don't think Fed regulates age of possession/carry either
    Actually, they do - min age is 18 to possess a handgun or ammo suitable for use in a handgun.* 18 USC 922(x).
    Here's where it gets fun... they have no authority to regulate guns or ammo that have not affected interstate commerce. If the gun and its components were sourced in state (along with the raw materials to a certain extent) then federal regs cannot apply.
    Sic Semper Tyrannis

  18. #18
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    That would be for the courts to decide. I wouldn't want to be on the wrong side of that court decision!

  19. #19
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    eye95 wrote:
    That would be for the courts to decide.* I wouldn't want to be on the wrong side of that court decision!
    Yeah really.

    http://leg1.state.va.us/cgi-bin/legp...p=bil&val=HB69

    Note that it's a declaration, not an creation / establishment of a right or anything. The right is there, it's just Virginia saying F U to the fed.
    Sic Semper Tyrannis

  20. #20
    Campaign Veteran
    Join Date
    Jul 2008
    Location
    Lobelville, Tennessee, USA
    Posts
    2,615

    Post imported post

    Mike wrote:
    Task Force 16 wrote:
    I don't think Fed regulates age of possession/carry either
    Actually, they do - min age is 18 to possess a handgun or ammo suitable for use in a handgun. 18 USC 922(x).
    Yes, but many states have applied their own exceptions to possession (read: carry on ones person).

    IIRC Vermont law allows one to carry a handgun in public at 17+ (this may require parental consent, I don't know for sure).

  21. #21
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384
    Sic Semper Tyrannis

  22. #22
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Per Alabama Code 1975 13A-11-76, 18 years old is the age to Open Carry in Alabama.

    Per Federal Law 18 U.S.C. 922(x) one must be 21 to purchase Handguns and Handgun Ammunition from a Federal Firearms Dealer.

    This is why you want Alabama to pass a State Intrastate Firearms Law, thus, Federal Laws do not apply to Firearms made in Alabama.

    Therefore, with that Law, 18 U.S.C. 922(x) would not apply.

    The Bill you should support is, for this inparticular situation, Alabama Bills HB 225, and SB 236.

    Until then, get your Father or Mother, or someone else, who is older than 21 to give you a Pistol, and then you will be able to Open Carry.

    No Pistol permit is needed to Open Carry a Pistol, but if you intend to get into a Vehicle you would need that Permit.

    Do not Conceal that Pistol without a Pistol Permit.

    Pistol Permits can be given to Persons who are 18 years old. This is per Alabama Code 13A-11-75, seeing as how you are not a Minor, per the Code listed above.

    Do not let any Sheriff's Office tell you that you are not old enough for a Pistol Permit, 18 years old is old enough in Alabama for a Pistol.

    Any Sheriff's Office that Violates this is essentially Violating Alabama Codes 11-45-1.1 and 11-80-11, especially Alabama Code 11-45-1.1 though.

  23. #23
    Regular Member
    Join Date
    May 2009
    Location
    Eight Mile, , USA
    Posts
    234

    Post imported post

    aadvark wrote:
    Per Alabama Code 1975 13A-11-76, 18 years old is the age to Open Carry in Alabama.

    Per Federal Law 18 U.S.C. 922(x) one must be 21 to purchase Handguns and Handgun Ammunition from a Federal Firearms Dealer.

    This is why you want Alabama to pass a State Intrastate Firearms Law, thus, Federal Laws do not apply to Firearms made in Alabama.

    Therefore, with that Law, 18 U.S.C. 922(x) would not apply.

    The Bill you should support is, for this inparticular situation, Alabama Bills HB 225, and SB 236.

    Until then, get your Father or Mother, or someone else, who is older than 21 to give you a Pistol, and then you will be able to Open Carry.

    No Pistol permit is needed to Open Carry a Pistol, but if you intend to get into a Vehicle you would need that Permit.

    Do not Conceal that Pistol without a Pistol Permit.

    Pistol Permits can be given to Persons who are 18 years old. This is per Alabama Code 13A-11-75, seeing as how you are not a Minor, per the Code listed above.

    Do not let any Sheriff's Office tell you that you are not old enough for a Pistol Permit, 18 years old is old enough in Alabama for a Pistol.

    Any Sheriff's Office that Violates this is essentially Violating Alabama Codes 11-45-1.1 and 11-80-11, especially Alabama Code 11-45-1.1 though.
    I am pretty sure that they told my wife 25 when we were going to get hers. Or if younger than 25 you have to have like 3 forms of ID or something. I'm also pretty sure they said this is from 21-25 yrs old.

  24. #24
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Whoever told you this is wrong.

    Either that, or it was an honest mistake.

    What Countyto you live in? This is not to be nosey, but it helps to understand why She was wold what She was told.

    Three forms of Identification..., 25 years of age..., this can not be right.

    Asides, under Alabama Code 1975 13A-11-75, all the Sheriff needs is: 1. Name, 2. Address, 3. Description of the applicant, 4. Siganture of the applicant, and 5. A reason as to why a Pistol Permit is sought (Alabama is'may-issue', not 'shall-issue').

    The Liencse is in triplicant, per the Code above, and the Cost is $1 Dollar, unless The AlabamaLegislature has enacted a Local Law to authorize the Sheriff to collect more.

    I have never seen the Pistol Permit cost more than $20, in these Cases.

    The reason I need to know the County of Residence is to look up Local Laws on this matter so as to better understand why She was asked to provide what She was.

    At any rate,Shemay OpenCarry to the Sheriff's Office to pick up Her Pistol Permit, shouldShe be issued one, however; that is a sure fire way forHer to be denied, based on Sheriff discretion, if the Sheriff is anti-Gun.

    I will be able to determine what the Sheriff's Gun-views are once I know the County wherein you both live.

    No Man needs a Pistol Permit to Open Carry a Pistol as long as He is not prohibited under Alabama Code 1975 13A-11-72, and Open Carry is Legal everywhere in Alabama without a Pistol Permitexcept:

    1. Schools K-12, per Alabama Code 13A-11-72, and

    2. Public Demonstrations, per Alabama Code 13A-11-59, and

    3. In, on, or within Vehicles, per Alabama Code 13A-11-73.

    P.S.1: Carrying a Unlicensed Unconcealed Pistol inThe Sheriff's Officeis not wise, and certainly will not help get a Pistol Permit. However, this action is not Illegal, and in fact, is Preempted under AlabamaCode1975 11-45-1.1.





  25. #25
    Regular Member
    Join Date
    May 2009
    Location
    Eight Mile, , USA
    Posts
    234

    Post imported post

    aadvark wrote:
    Whoever told you this is wrong.

    Either that, or it was an honest mistake.

    What Countyto you live in? This is not to be nosey, but it helps to understand why She was wold what She was told.

    Three forms of Identification..., 25 years of age..., this can not be right.

    Asides, under Alabama Code 1975 13A-11-75, all the Sheriff needs is: 1. Name, 2. Address, 3. Description of the applicant, 4. Siganture of the applicant, and 5. A reason as to why a Pistol Permit is sought (Alabama is'may-issue', not 'shall-issue').

    The Liencse is in triplicant, per the Code above, and the Cost is $1 Dollar, unless The AlabamaLegislature has enacted a Local Law to authorize the Sheriff to collect more.

    I have never seen the Pistol Permit cost more than $20, in these Cases.

    The reason I need to know the County of Residence is to look up Local Laws on this matter so as to better understand why She was asked to provide what She was.

    At any rate,Shemay OpenCarry to the Sheriff's Office to pick up Her Pistol Permit, shouldShe be issued one, however; that is a sure fire way forHer to be denied, based on Sheriff discretion, if the Sheriff is anti-Gun.

    I will be able to determine what the Sheriff's Gun-views are once I know the County wherein you both live.

    No Man needs a Pistol Permit to Open Carry a Pistol as long as He is not prohibited under Alabama Code 1975 13A-11-72, and Open Carry is Legal everywhere in Alabama without a Pistol Permitexcept:

    1. Schools K-12, per Alabama Code 13A-11-72, and

    2. Public Demonstrations, per Alabama Code 13A-11-59, and

    3. In, on, or within Vehicles, per Alabama Code 13A-11-73.

    P.S.1: Carrying a Unlicensed Unconcealed Pistol inThe Sheriff's Officeis not wise, and certainly will not help get a Pistol Permit. However, this action is not Illegal, and in fact, is Preempted under AlabamaCode1975 11-45-1.1.



    Mobile county.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •