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Can you be 18 and open carry?

Hollowpoint38

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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?
 

t33j

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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.
 

t33j

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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.
 

Hollowpoint38

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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
 

t33j

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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.
 

t33j

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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
 

t33j

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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.
 

Task Force 16

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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.
 

Mike

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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.
 

eye95

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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!
 

t33j

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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.
 

eye95

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

Task Force 16

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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).
 
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