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Thread: Question about concealed carry permits in alabama.

  1. #1
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    Do you HAVE to get your permit in the county you live in? Since some counties put a lot of restrictions and some dont i like to get my permit in the county my parents live in since it's an unrestricted permit

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    fox2102 wrote:
    Do you HAVE to get your permit in the county you live in? Since some counties put a lot of restrictions and some dont i like to get my permit in the county my parents live in since it's an unrestricted permit
    I thinkyou must be a resident of the county in which you get the permit. I had to change permits several years ago when I moved from one county to another.

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    Your supposed to get your permit in the county that you have residency in. Now, if you have duel residency in different counties, either county would work.

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    Clearly outlined in section 13A-11-75.

    The sheriff of a county, upon the application of any person residing in that county.

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    The law states you get a permit from the county you live in. If may get hassled if your drivers license city address doesn't match the permit county.
    Check out my home page @ www.alabamaopencarry.com and Carry On!

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    What address does your driver's license say? File in that county. I know enough students walking around with concealed carry licenses that "primarily reside" in Birmingham, working and going to school, who still have ties back home to Mom and Dad.

    It takes a village to raise an idiot.

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    Regular Member AL Ranger's Avatar
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    I was under the assumption we were talking about adults changing residence, not kids who still have a primary residence with mom and dad.
    Check out my home page @ www.alabamaopencarry.com and Carry On!

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    AL Ranger wrote:
    I was under the assumption we were talking about adults changing residence, not kids who still have a primary residence with mom and dad.
    College students, over the age of 18 aren't legally "kids" but are permitted to retain residence in the county they are from while attending a college.

    It's a simple argument: do you still retain control over the mailbox at that location? If you cannot legally reside there and do not control the mail (i.e., you're not a homeowner or a resident), then change the address on your DL and apply for permit in your current county.
    It takes a village to raise an idiot.

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    Not to make things complicated, or to be rude. But how does the law go in concerns with open carry with a CC permit? I heard you cannot open carry if you have been approved and have a current CC permit. I've also heard you cannot open carry at all. I live in Montgomery, AL.

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    Regular Member Brimstone Baritone's Avatar
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    To put it simply, you were misinformed. Open Carry has always been legal, is supported by our state constitution, our state supreme court, several of our state Attorneys General, and various criminal cases.

    As far as your concealed carry permit, many of them do say that "This permit does not permit you to open carry" (paraphrase) and this is technically correct. Your right to open carry is in no way tied to that permit. I would also point out, that many of the places you are restricted from CC your are still permitted to OC (e.g. bars) as long as the property owner/manager doesn't ask you to leave.

    Edited to fix the above.
    There was a time that the pieces fit, but I watched them fall away, mildewed and smoldering, strangled by our coveting. I've done the math enough to know the dangers of our second guessing. Doomed to crumble, unless we grow and strengthen our communication. -Tool, "Schism"

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    Thanks for the reply. To be clear, you're saying I can open carry even though I do have a concealed carry permit?

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    Regular Member Brimstone Baritone's Avatar
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    Now that I have time to give you a better reply, I just have to get this out of the way. This is not legal advice, I am not a lawyer, your mileage may vary, do not iron while wearing, etc.

    That said, open carry is a right that is protected by the state constitution:
    Article I, Section 26
    That every citizen has a right to bear arms in defense of himself and the state. (emphasis added)
    Affirmed by the Alabama Supreme Court:
    The State v. Reid
    Under the provision of our constitution, we incline to the opinion that the Legislature cannot inhibit the citizen from bearing arms openly, because it authorizes him to bear them for the purposes of defending himself and the State, and it is only when carried openly, that they can be efficiently used for defense. (Emphasis added)
    Therefore, any restriction on the pistol permit that might be read to prohibit open carry would be unconstitutional in the state of Alabama. That said, there has been at least one instance where a sheriff has revoked a concealed permit because he objected to a citizen OCing and couldn't do anything about it. In many places that wouldn't be a problem, but in Alabama it means that an Open Carrier wouldn't be allowed in any automobile. All that just to say that just because it is legal doesn't mean you wont get hassled.

    I wish I remembered who that happened to so I could ask if they sued. I would think it would be a pretty easy case to win.
    There was a time that the pieces fit, but I watched them fall away, mildewed and smoldering, strangled by our coveting. I've done the math enough to know the dangers of our second guessing. Doomed to crumble, unless we grow and strengthen our communication. -Tool, "Schism"

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    BrianD wrote:
    Thanks for the reply. To be clear, you're saying I can open carry even though I do have a concealed carry permit?
    Yes.

    Assuming there are no other impediments to your carry. The CPL does not affect OC at all--for or against.

    Keep the CPL. You need it to carry in your car to get wherever you will be OCing.

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    mcdonalk wrote:
    To put it simply, you were misinformed. Open Carry has always been legal, is supported by our state constitution, our state supreme court, several of our state attorney generals, and various criminal cases.

    As far as your concealed carry permit, many of them do say that "This permit does not permit you to open carry" (paraphrase) and this is technically correct. Your right to open carry is in no way tied to that permit. I would also point out, that many of the places you are restricted from CC your are still permitted to OC (e.g. bars) as long as the property owner/manager doesn't ask you to leave.
    Not to be a butt, but it is "Attorneys General".

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    Open Carry is Legal in Alabama per Alabama Codes 1975 13A-11-73, 11-45-1.1, and 11-80-11.

    One does not need Governmental permission to Open Carry in Alabama.

    Open Carry is Legal everywhere in Alabama except:

    1. Public Demonstrations, thanks to Jim Crow, per Alabama Code 1975 13A-11-59, and

    2. Public Schools K-12, per Alabama Code 1975 13A-11-72(c), but not for those without Intent or to those with Pistol Permits, per Alabama Code 1975 13A-11-72(e).

    Under Law, Alabama Code 13A-11-52 is bad Law and has been superceded by Alabama Code 13A-11-73. The Courts have ruled it so.

    Restrictions on the back of Pistol Permits do not mean anything in Alabama when it comes to Open Carry. Therefore if you get a Pistol Permit from your Sheriff that says: NO CARRY INTO GOVERNMENT BUILDINGS, what that really means is: NO CONCEALED CARRY INTO GOVERNMENT BUILDINGS. Simply Open Carry your Pistol, or any other Firearm while there to avoid loss of that Permit.

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    IS the CCW a state permit meaning you get it in one county your free to travel around AL with it??

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    IS the CCW a state permit meaning you get it in one county your free to travel around AL with it??

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    Yes. Plus, there are States that have a reciprocal arrangement with Alabama. You may CC in those States, of course, following their laws.

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    Regular Member stuckinchico's Avatar
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    Sweet Als a shall issue correct?

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    May issue.

    My experience in Montgomery is that the sheriff will issue the permit if the background check comes back OK. Some other counties issue after an instant check.

    Check out AlabamaOpenCarry.com

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    Regular Member stuckinchico's Avatar
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    Cant find any thing on jackson county

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    You're going to have to count on someone from Jackson County relating his experiences. Each sheriff is different.

    You could call the Jackson County Sheriff's Office and ask what their policies are. Possibly, they have a web site.

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    stuckinchico wrote:
    Sweet Als a shall issue correct?
    Alabama is a may issue state, however obtaining a permit is not a problem if one has a clean record.

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    stuckinchico wrote:
    Cant find any thing on jackson county
    From the Jackson County Sheriff web site:

    http://www.jacksoncounty-al.us/sheriff.htm

    Pistol Permits

    Alabama pistol permits for residents of Jackson County are purchased at the Jackson County Sheriff's office. Applications for permits are available at the Jackson County Sheriff's main office. Annual Permit Fee for license is $15.00. Renewable by mail with mail fee and expired permit to: Jackson County Sheriff's Office, C/O Pistol Permits, 102 East Laurel Street, Scottsboro, AL 35768

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    I just did some research about gun permits as my fiancee wants me to move from Montreal, Quebec to Madison County where her family is presently living and I am seeing how messed up May Issue really is.

    As an example, Madison County forces you to wait 6 months after you have moved there before you can apply for a CHP, Birmingham doesn't have that rule but it does force you to give them name, address and phone number of three references to be contacted before they will issue you a CHP.

    I want to make my baby happy and move there so that she can be close to her family but this is totally mind-boggling, especially because you are forced to apply in the county where you are residing and can't apply anywhere else, even though it is for the same area which is the State of Alabama and all counties have the same equipment to do a criminal records check.

    So right now I have no idea what to do, I have been contemplating moving to Virginia and dragging her with me but she isn't sure that her mom would let her move, supposedly not for a while at least as the family doesn't know me very well.

    I would like your thoughts on the matter and any ideas or suggestions that you may come up with.

    To be honest, I need all the help I can get to figure this out. =o(

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