• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Question about concealed carry permits in alabama.

fox2102

Regular Member
Joined
Jan 27, 2010
Messages
21
Location
mt. olive, Alabama, USA
imported post

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
 

acrimsontide

Regular Member
Joined
Feb 17, 2007
Messages
325
Location
, ,
imported post

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.
 

Bhamrichard

Regular Member
Joined
Feb 1, 2010
Messages
23
Location
, ,
imported post

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.
 

REB

Regular Member
Joined
Oct 11, 2009
Messages
53
Location
, ,
imported post

Clearly outlined in section 13A-11-75.

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

AL Ranger

Regular Member
Joined
Apr 11, 2010
Messages
238
Location
Huntsville, Alabama, USA
imported post

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.
 

Kirbinator

Regular Member
Joined
Jan 22, 2010
Messages
903
Location
Middle of the map, Alabama
imported post

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.
 

Kirbinator

Regular Member
Joined
Jan 22, 2010
Messages
903
Location
Middle of the map, Alabama
imported post

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.
 

Brian Davis

New member
Joined
Apr 25, 2010
Messages
5
Location
, ,
imported post

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.
 

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
imported post

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.
 

Brian Davis

New member
Joined
Apr 25, 2010
Messages
5
Location
, ,
imported post

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

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
imported post

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. :banghead: 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.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
imported post

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.
 

Vondelta

Regular Member
Joined
Mar 4, 2010
Messages
56
Location
Huntsville, Alabama, USA
imported post

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".
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
imported post

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.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
imported post

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

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
imported post

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
 
Top