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How to get a CC permit. Can it be done in Alabama?

Hollowpoint38

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My wife is about to turn 20 years old. (relax, I'm 21 y/o you pervs. LOL)

She works in a crappy area of Birmingham and has to walk 3-4 blocks to her car at night. I have heard that in Alabama an 18 year can get a CC permit with special circumstances.

Anyone have the specific law reference? and can you "dumb it up" for me?
 

47_MasoN_47

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I talked to the Sheriff here and he said you could get one at 19 if you had a parent's consent. I don't have any law references, but that's what he told me. My fiance just turned 20 on the 12th so I'm kinda in the same situation.
 

aadvark

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The age to Open Carry a Unlicensed Unconcealed Pistol in Alabama is 18 years old, per Alabama Codes 1975 13A-11-57 and 13A-11-72, as is Preempted under Alabama Codes 1975 11-45-1.1 and 11-80-11.

The age to engage in Consentual Sex inAlabama is 16 years old, per Alabama Codes 1975 13A-6-70(c)(1) which provides, '...A Person is incapable of Consent if S/he is..., less than 16 years of age.'

However, 13A-6-65(a)(3)Criminalizes Sodomy, as Sexual Misconduct, involving Deviate Sexual Intercourse, as defined under 13A-6-60(2). Consent isno Defense to this Article.

Your Wife needs no Permit to Carry a Pistol, unless She intends to:

1. Carry a PistolConcealed on Her Person, per Alabama Code 197513A-11-73, or

2. Carry a Pistol in, on, or within a Motor Vehicle, per Alabama Code 1975 13A-11-73, or

3. Carry a Pistol on the premises of a Public K-12 School, per Alabama Code 1975 13A-11-72(e).

Your Wife needs not worry about Sexual CriminalLaws in Alabama, less Sodomy, as spelledout in Paragraph 3 above, when engaged in Private Sexual Intercourse.

The age to Open Carry in Alabama is verified underFederal Law 18 U.S.C. 922(x), and Alabama Law 13A-11-76.
 

aadvark

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ASWilson32 wrote:
You must be 21 in the state of Alabama.

http://www.jeffcosheriff.net/page.php?p=pistol_permits

Check out that link. It spells out the law pretty clearly.

Hope this helps.


This is incorrect, Jefferson County Sheriff's Office says that it is a POLICY not to issue Pistol Permits to Persons under 21 years old.

However, this is NOT ALABAMA LAW.

Under ALABAMA LAW the age to Open Carry is 18 YEARS OLD, per ALABAMA CODE 1975 13A-11-76.

THE LAW TRUMPS POLICY!!!!!
 

47_MasoN_47

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But he's asking about CC and not OC. My fiance doesn't want to OC, and I'd guess that his is probably the same way. I told my fiance that if she'd OC I'd drop the coin on a DE .50 for her to tote about. I'm pretty sure she'd never have to fire it having a weapon half as big as she is strapped to her side. Unfortunately she didn't go for the idea :(
 

aadvark

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If you are talking aboutConcealed Carry, them, Alabama is a 'may-issue' State, in this respect. Alabama is not a 'shall-issue' State, I'm afraid.

Sheriff's can full well deny a Permit, regardless of age, although not in pratice, under this area of Law, as provided under: Alabama Code 1975 13A-11-75.
 

Kingfish

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I think the whole point is that by AL law permits may be granted at 18. The Sheriffs however have the power to do whatever the hell they like. If they don't want to issue permits till 21 (or 51 for that matter) they don't have to. If they want to prohibit carry anywhere they like or if they want to prescribe the mode of carry, they will.

This power is all self imposed and goes unchallenged in the good ol' boy network in AL.

The Lee County Sheriff does(or at least did 2 years ago) not issue till 21, requires serial number of carry gun, prohibits OC, prohibits carry in all schools, in alcohol service establishments and other places. All of this of course is contrary to AL law but he does it and gets away with it.
 

kurtmax_0

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kingfish wrote:
The Lee County Sheriff does(or at least did 2 years ago) not issue till 21, requires serial number of carry gun, prohibits OC, prohibits carry in all schools, in alcohol service establishments and other places.  All of this of course is contrary to AL law but he does it and gets away with it.

Hmmm. I got a permit in Lee county when I was 20. Also, there was no prohibition on OC, schools, etc. I did get a sheet that said it was 'illegal' for me to carry at a school or bar, but never said it was a restriction on the permit, only that it was federal/state law (which was false).

Even if there is a prohibition on OC it doesn't count unless you are in a vehicle, since you only need a permit for concealed or vehicle carry.

You might want to see about talking to the Sheriff in your county. Even if the clerks tell you that you must be 21. Just be persistent and/or write a letter or whatnot.

EDIT: As a side-note. It's actually illegal for a Sheriff to not issue a permit simply because of your age (unless you are under 18). Alabama is only partly 'may-issue' if you consider relevant case-law.

The problem is, you need to hire an attorney to file the necessary paperwork to attempt to get a writ mandamus, etc etc. By the time it all goes through the courts your wife will be 25, and you will be in jail with Bubba because you pissed off the Sheriff and he had his goons plant drugs on you.
 

Hollowpoint38

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aadvark wrote:
The age to Open Carry a Unlicensed Unconcealed Pistol in Alabama is 18 years old, per Alabama Codes 1975 13A-11-57 and 13A-11-72, as is Preempted under Alabama Codes 1975 11-45-1.1 and 11-80-11.

The age to engage in Consentual Sex inAlabama is 16 years old, per Alabama Codes 1975 13A-6-70(c)(1) which provides, '...A Person is incapable of Consent if S/he is..., less than 16 years of age.'

However, 13A-6-65(a)(3)Criminalizes Sodomy, as Sexual Misconduct, involving Deviate Sexual Intercourse, as defined under 13A-6-60(2). Consent isno Defense to this Article.

Your Wife needs no Permit to Carry a Pistol, unless She intends to:

1. Carry a PistolConcealed on Her Person, per Alabama Code 197513A-11-73, or

2. Carry a Pistol in, on, or within a Motor Vehicle, per Alabama Code 1975 13A-11-73, or

3. Carry a Pistol on the premises of a Public K-12 School, per Alabama Code 1975 13A-11-72(e).

Your Wife needs not worry about Sexual CriminalLaws in Alabama, less Sodomy, as spelledout in Paragraph 3 above, when engaged in Private Sexual Intercourse.

The age to Open Carry in Alabama is verified underFederal Law 18 U.S.C. 922(x), and Alabama Law 13A-11-76.
Dude, why are you talking about sexual laws? What does this have to do with anything at all? Seriously. Why did you put all that in the reply?
 

Bhamrichard

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This is incorrect, Jefferson County Sheriff's Office says that it is a POLICY not to issue Pistol Permits to Persons under 21 years old.

However, this is NOT ALABAMA LAW.

Under ALABAMA LAW the age to Open Carry is 18 YEARS OLD, per ALABAMA CODE 1975 13A-11-76.

THE LAW TRUMPS POLICY!!!!!

Aardvark, you tend to get a little worked up, try decaf :)

Ok, let's talk THE LAW!, Alabama is a MAY ISSUE State, meaning if the sheriff doesn't WANT to give you a permit, your not getting one. If he wants to put a POLICY in place that you need to be 21, it's perfectly legal for him to do so under his discretionary authority on whether to issue you a permit, or not. I'm not saying i agree with said policy, but there is nothing illegal about it.

The Sheriff of a given county has complete discretionary powers on when, and to whom to issue to a "suitable person", if he doesn't think your suitable at 18, again, it's perfectly legal for him to with hold said permit until you become "suitable" at 21.
 

smttysmth02gt

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Bhamrichard wrote:
This is incorrect, Jefferson County Sheriff's Office says that it is a POLICY not to issue Pistol Permits to Persons under 21 years old.

However, this is NOT ALABAMA LAW.

Under ALABAMA LAW the age to Open Carry is 18 YEARS OLD, per ALABAMA CODE 1975 13A-11-76.

THE LAW TRUMPS POLICY!!!!!

Aardvark, you tend to get a little worked up, try decaf :)

Ok, let's talk THE LAW!, Alabama is a MAY ISSUE State, meaning if the sheriff doesn't WANT to give you a permit, your not getting one. If he wants to put a POLICY in place that you need to be 21, it's perfectly legal for him to do so under his discretionary authority on whether to issue you a permit, or not. I'm not saying i agree with said policy, but there is nothing illegal about it.

The Sheriff of a given county has complete discretionary powers on when, and to whom to issue to a "suitable person", if he doesn't think your suitable at 18, again, it's perfectly legal for him to with hold said permit until you become "suitable" at 21.
Not necessarily "on topic", but doesn't this contradict AL code 11-80-11?

No county (sheriff) or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components
 

brokenbarrel

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aadvark wrote:
The age to Open Carry a Unlicensed Unconcealed Pistol in Alabama is 18 years old, per Alabama Codes 1975 13A-11-57 and 13A-11-72, as is Preempted under Alabama Codes 1975 11-45-1.1 and 11-80-11.

The age to engage in Consentual Sex inAlabama is 16 years old, per Alabama Codes 1975 13A-6-70(c)(1) which provides, '...A Person is incapable of Consent if S/he is..., less than 16 years of age.'

However, 13A-6-65(a)(3)Criminalizes Sodomy, as Sexual Misconduct, involving Deviate Sexual Intercourse, as defined under 13A-6-60(2). Consent isno Defense to this Article.

Your Wife needs no Permit to Carry a Pistol, unless She intends to:

1. Carry a PistolConcealed on Her Person, per Alabama Code 197513A-11-73, or

2. Carry a Pistol in, on, or within a Motor Vehicle, per Alabama Code 1975 13A-11-73, or

3. Carry a Pistol on the premises of a Public K-12 School, per Alabama Code 1975 13A-11-72(e).

Your Wife needs not worry about Sexual CriminalLaws in Alabama, less Sodomy, as spelledout in Paragraph 3 above, when engaged in Private Sexual Intercourse.

The age to Open Carry in Alabama is verified underFederal Law 18 U.S.C. 922(x), and Alabama Law 13A-11-76.
wow your the perv hollowpoint38 refered too..lmao
 

Bhamrichard

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Not necessarily "on topic", but doesn't this contradict AL code 11-80-11?

No county (sheriff) or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components

There are plenty of examples where the Alabama Code contradicts itself, the later statute would apply, as well as court decisions that have addressed the contradictions.

Your confusing the County (i.e. the county commission) with the County Sheriff, who has no regulatory authority. The County Commission is prevented from regulating firearms under the preemption statute, however the Sheriff's discretion to issue/not issue is codified in state law, and supported by several court challenges. Until Alabama passes some sort of "Shall Issue" statute, the county sheriff can decide his own guidelines on who qualifies as a "suitable person" to issue to.

Now, in practice Alabama more closely resembles a "shall issue" state, I've never personally heard of anyone in the state that was legally eligible that was denied.
 

SlackwareRobert

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It cannot hurt to ask, sheriff Hale knows about the bad parts of town.
And with his budget cuts knows he can't patrol. Also being married
might help, as she isn't a child.

But she can't OC unless she wants to walk all the way home through GNW
sort of other bad spots. Don't think it would work out leaving gun hanging
on the parking meter till the next day for the walk in.
Till they pass the gun in car law we won't know the wording if you can skirt
the license car carry only. After all she can have in home, and the whole
reason for the law, is to prohibit you from being in danger if you leave home
to go to work.

As for all us preverts..... They don't arrest the girl for those very nice
loving sodomy acts, they lock us guys up!!!
( Not that I would ever engage in anything so sick and perverted as to be illegal)
So lights out and cut a hole in the sheets, or get a hotel room out of state
(under assumed name of course), or run for president. :cool:
I shutter to think of the fuhrer if you are caught with your pants down while
armed. You just got a extra time for TWO GUN crimes.
Sometimes you just gotta love this state.......(missionary only of course):banghead:


Best of luck.
 
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