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Can you be 18 and open carry?
- Thread starter Hollowpoint38
- Start date
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.
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.
smttysmth02gt
Regular Member
imported post
aadvark wrote:
aadvark wrote:
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.
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.
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.
smttysmth02gt
Regular Member
imported post
aadvark wrote:
aadvark wrote:
Mobile county.
eye95
Well-known member
imported post
Section 13A-11-72Certain persons forbidden to possess pistol. (a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.
(b) No person who is a drug addict or an habitual drunkard shall own a pistol or have one in his or her possession or under his or her control.
(c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.
(d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.
(e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.
(f) The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12.
(g) The term "deadly weapon" as used in this section means a firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury, and such term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §174; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, §1.)_________________________
You MAY carry a pistol into a K-12 school you just either have to have a CC permit or not have any intent to do bodily harm. Read the bolded portions.
Section 13A-11-72Certain persons forbidden to possess pistol. (a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.
(b) No person who is a drug addict or an habitual drunkard shall own a pistol or have one in his or her possession or under his or her control.
(c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.
(d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.
(e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.
(f) The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12.
(g) The term "deadly weapon" as used in this section means a firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury, and such term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §174; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, §1.)_________________________
You MAY carry a pistol into a K-12 school you just either have to have a CC permit or not have any intent to do bodily harm. Read the bolded portions.
Hollowpoint38
Regular Member
imported post
Hey thanks. This is helpful and clears up my confusion. I appreciate it.
Hey thanks. This is helpful and clears up my confusion. I appreciate it.
imported post
After review of your Article, and after having read Alabama Code 13A-11-72, I agree that Open Carry of a Pistol in a School (K-12) is Legal, ifone has a Pistol Permit.
I am sorry for the misconception, and next time I will read the Statute more clearly.
Mobile Sheriff Sam Cocheran has stricter policies than that of State Law.
Unfortunately, His policies are Valid because of the 'may-issue' nature of Pistol Permits in Alabama.
However, restricition 2 (on the back of His Permit)may bar you from Concealed Carry in Public Buildings, but Open Carry within them is both Legal and Preempted. If He revokes your Permit for Carry there, you simply Open Carry while there, and NO LAW is being broken...OR, when you arrive at any Public Building just do the 'Virginia Tuck'.
Restriction 3 (on the back of His Permit), is half truth and whole lies. Both Open Carry and Concealed Carry are Illegal at Public Demonstrations, per Alabama Code 1975 13A-11-59. However, there is NO LAW prohibiting Open Carry to or while at a Public Gathering in The State ofAlabama.
There are only two States with Public Gatherings Laws:1. Georgia and 2.North Dakota. I know, because, I live in Georgia..., and have actually been Arrested for that Law in Georgia.
After review of your Article, and after having read Alabama Code 13A-11-72, I agree that Open Carry of a Pistol in a School (K-12) is Legal, ifone has a Pistol Permit.
I am sorry for the misconception, and next time I will read the Statute more clearly.
Mobile Sheriff Sam Cocheran has stricter policies than that of State Law.
Unfortunately, His policies are Valid because of the 'may-issue' nature of Pistol Permits in Alabama.
However, restricition 2 (on the back of His Permit)may bar you from Concealed Carry in Public Buildings, but Open Carry within them is both Legal and Preempted. If He revokes your Permit for Carry there, you simply Open Carry while there, and NO LAW is being broken...OR, when you arrive at any Public Building just do the 'Virginia Tuck'.
Restriction 3 (on the back of His Permit), is half truth and whole lies. Both Open Carry and Concealed Carry are Illegal at Public Demonstrations, per Alabama Code 1975 13A-11-59. However, there is NO LAW prohibiting Open Carry to or while at a Public Gathering in The State ofAlabama.
There are only two States with Public Gatherings Laws:1. Georgia and 2.North Dakota. I know, because, I live in Georgia..., and have actually been Arrested for that Law in Georgia.
Hollowpoint38
Regular Member
imported post
eye95 wrote:
I have been arguing with people saying it was illegal to carry in a public school.
Apparently it is legal without intent and with a permit.
I stand corrected.
eye95 wrote:
I have been arguing with people saying it was illegal to carry in a public school.
Apparently it is legal without intent and with a permit.
I stand corrected.
eye95
Well-known member
imported post
Actually, close reading will reveal that you can carry without a permit if you have no intent to do bodily harm. Of course, that would have to be OC and would bring about a wealth of other problems!
Close reading will also reveal that if you CC with a permit, there is no restriction against having intent to do bodily harm! Not that I am advocating that. I mention it only because it is a curiosity of the law.
Actually, close reading will reveal that you can carry without a permit if you have no intent to do bodily harm. Of course, that would have to be OC and would bring about a wealth of other problems!
Close reading will also reveal that if you CC with a permit, there is no restriction against having intent to do bodily harm! Not that I am advocating that. I mention it only because it is a curiosity of the law.
Bhamrichard
Regular Member
imported post
In part, keep in mind the federal law also applies..
In part, keep in mind the federal law also applies..
fox2102
Regular Member
imported post
Bhamrichard wrote:
Bhamrichard wrote:
which federal law?
imported post
Federal Law 18 U.S.C. 922(q)(2)(B)(ii) is the exception to the prohibitions under United States Federal Law 18 U.S.C 922(q).
The Federal Code Section, as referrenced, reads (with the underlinded portions for exact instance on the above quoted Law):
18 U.S.C. 922
(q)
(1) The Congress finds and declares that—
(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary the House of Representatives and the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license
Federal Law 18 U.S.C. 922(q)(2)(B)(ii) is the exception to the prohibitions under United States Federal Law 18 U.S.C 922(q).
The Federal Code Section, as referrenced, reads (with the underlinded portions for exact instance on the above quoted Law):
18 U.S.C. 922
(q)
(1) The Congress finds and declares that—
(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary the House of Representatives and the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license
SlackwareRobert
Regular Member
imported post
Never considered it, but since we have a port in Alabama, would a german pistol also
not have interstate commerce liability. It would be international commerce at best
they would be limited to custom duties at the port.:shock:
Oh, the look of the sheep when I asked my state senator if he knew of a coke supply
in AL as I need to be totally in state without any wiggle room for the feds.
The shocked pot heads thought I ment the white powder stuff, but I corrected them,
then thought about it and said if it burns hot enough I don't mind using that kind
either as long as it is home grown. :lol:
Personally if you have rent-a-cops in your school, I would conceal only, don't need
to have the buck shot pulled from your backside for no reason.
Who knows maybe we will do a father son OC at graduation, they cant do anything
to him at that point in retaliation.
Never considered it, but since we have a port in Alabama, would a german pistol also
not have interstate commerce liability. It would be international commerce at best
they would be limited to custom duties at the port.:shock:
Oh, the look of the sheep when I asked my state senator if he knew of a coke supply
in AL as I need to be totally in state without any wiggle room for the feds.
The shocked pot heads thought I ment the white powder stuff, but I corrected them,
then thought about it and said if it burns hot enough I don't mind using that kind
either as long as it is home grown. :lol:
Personally if you have rent-a-cops in your school, I would conceal only, don't need
to have the buck shot pulled from your backside for no reason.
Who knows maybe we will do a father son OC at graduation, they cant do anything
to him at that point in retaliation.
t33j
Regular Member
imported post
SlackwareRobert wrote:
I'd be stoked if my dad OCd with me at my graduation. 'Course the gown is bound to make it CC really
SlackwareRobert wrote:
I'd be stoked if my dad OCd with me at my graduation. 'Course the gown is bound to make it CC really
eye95
Well-known member
imported post
t33j wrote:
t33j wrote:
It would be a bold fashion choice, but you could put a belt outside the gown.SlackwareRobert wrote:
I'd be stoked if my dad OCd with me at my graduation. 'Course the gown is bound to make it CC really
SlackwareRobert
Regular Member
imported post
You just use a belt / holster in the school colors. Only problem is if they move him
up so he would be under 18, and where they hold it at. (thanks feds):X
I put nothing past the establishment.
You just use a belt / holster in the school colors. Only problem is if they move him
up so he would be under 18, and where they hold it at. (thanks feds):X
I put nothing past the establishment.
Brimstone Baritone
Regular Member
imported post
Everything else I wanted to comment on was already handled, so I guess I'll just mention that at my graduation they didn't actually give us our diplomas until after the ceremony. They handed us an empty case, and told us before hand that if anyone 'showed out' that they would withhold our real diploma.
Just keep that in mind.
Everything else I wanted to comment on was already handled, so I guess I'll just mention that at my graduation they didn't actually give us our diplomas until after the ceremony. They handed us an empty case, and told us before hand that if anyone 'showed out' that they would withhold our real diploma.
Just keep that in mind.