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Thread: Why do we pay $20 for a CC permit?

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    Section 13A-11-75 describes the process of licensing for carrying pistols concealed on your person, or in your car, etc. According to this statute:

    "The fee for issuing such license shall be one dollar ($1) which shall be paid into the county treasury unless otherwise provided by local law."

    Where is the legal basis for charging so much money for the permits we all pay for? Anyone know? Or has anyone asked/answered this question in the past and I just missed it?

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    Because we are forced to. I'd rather not have to pay for one, or even if it were free, drive all the way down for renewals, or even pay for the stamp to mail in renewals or anything.

    I also wonder how it is acceptable for the sheriff dept to regulate this when I think it may violate 11-80-11.

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    Each county has a local law that sets the cost of the permit that is codifiec into the code of Alabama by the legislature. Take a look at the AG opinion. This is one of the problems with moving to a central must issue system because most sheriffs make a lot of money from permits that go into basically a slush fund.

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    Interesting... thanks for the info REB!

    That's a pretty clear and concise opinion he had there... imagine how nice it would be for us to get a clear and concise AG opinion on the legality of open carry!

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    dixieborn wrote:
    Interesting... thanks for the info REB!

    That's a pretty clear and concise opinion he had there... imagine how nice it would be for us to get a clear and concise AG opinion on the legality of open carry!
    Check the opinion he (Troy King) gave in 2007 on the legality of Animal Control Officers OC'ing. I thought it was clear enough to rule OC as "legal" if you read it, but that's just me.

    http://www.alabamaopencarry.com/index-1.html

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    REB wrote:
    Each county has a local law that sets the cost of the permit that is codifiec into the code of Alabama by the legislature. Take a look at the AG opinion. This is one of the problems with moving to a central must issue system because most sheriffs make a lot of money from permits that go into basically a slush fund.
    I may have missed something. The below excerpt seems to me that Sheriff Cochran cannot legally charge $20 for the pistol permits:

    CONCLUSION
    The enactment of House Bill 105 into law will not interfere with the collection of pistol license fees in any county within the state of Alabama, except Jackson County. Under the provisions of House Bill 105, the Jackson County Commission would no longer have the authority to set the pistol permit licensing fee in Jackson County. Jackson County could, however, collect the $1.00 license fee provided for in general law.

    I hope this opinion answers your question. If this Office can be of further assistance, please contact Troy R. King of my staff.

    Sincerely,



    Bill Pryor
    Attorney General


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    smttysmth02gt wrote:
    REB wrote:
    Each county has a local law that sets the cost of the permit that is codifiec into the code of Alabama by the legislature. Take a look at the AG opinion. This is one of the problems with moving to a central must issue system because most sheriffs make a lot of money from permits that go into basically a slush fund.
    I may have missed something. The below excerpt seems to me that Sheriff Cochran cannot legally charge $20 for the pistol permits:

    CONCLUSION
    The enactment of House Bill 105 into law will not interfere with the collection of pistol license fees in any county within the state of Alabama, except Jackson County. Under the provisions of House Bill 105, the Jackson County Commission would no longer have the authority to set the pistol permit licensing fee in Jackson County. Jackson County could, however, collect the $1.00 license fee provided for in general law.

    I hope this opinion answers your question. If this Office can be of further assistance, please contact Troy R. King of my staff.

    Sincerely,



    Bill Pryor
    Attorney General
    Is he the sheriff of Jackson County? Even if he is, this opinion is 10 years old. In the interim, Jackson County has probably gotten a local law through the legislature that set the $20 fee for their county.

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    Here's an example of the local laws found inTile 45 of the Code ofAlabama that are passed in the legislature to set the cost of a pistollicense in a county:





    Section 45-5-232
    License fee; Sheriff's Law Enforcement Fund; disposition of funds.
    (a) Beginning January 1, 2008, in Blount County, the fee for issuing a license to carry a pistol shall be twenty dollars ($20) which shall be collected by the sheriff. The fee imposed by this section shall constitute the total fee imposed by local law in Blount County for the issuance of a pistol license and shall be paid in lieu of any and all fees for pistol licensing previously provided by local law.

    (b) Eighty percent of the fees collected shall be deposited into the county treasury to the credit of the Sheriff of Blount County into a special account designated the Sheriff's Law Enforcement Fund. The fund amounts shall be used and expended by the sheriff for the employment of personnel, the purchase of equipment, supplies, and materials, and for any other lawful purpose related to law enforcement in the county.

    (c) Twenty percent of the fees collected shall be deposited into the Blount County General Fund.

    (Act 2007-311, p. 566, ยง1.)

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    The reason Pistol Permit Fees vary throughout Alabama is primarily a problem with The Laws of Alabama, themselves.

    Obstensibly, Alabama is a very power-centered State, and Local Governments generally have no 'Home Rule Authority'.

    'Home Rule Authority' is typically given to Local Governments so that that may govern themselves, and their Residents,to an extent, to better the lives of those Residents who live the limits of the Locale.

    Alabama does not have this and normally, these Governments must ask or approach The State Legislature to provide them with the Laws they need to conduct theirBusiness.

    Pistol Permit Fees is one of those things thatThe Alabama State Legislaturemust decide upon, as The Sheriff can not trump Alabama State Code 1975 11-45-1.1.

    Alabama Code 1975 13A-11-75 sets the Preempted default amount to $1. However, Alabama Code 1975 11-45-1.1 allows The State itself to regulate Pistols, and anything pertaining to them. Therefore, The State of Alabama may, by changed regulation, reset the cost of Pistol Permits as they see fit under Alabama Code 1975 Title 45-Local Laws.

    One example, and the first example actually, of The Alabama State Legislature doing this is Alabama Code 1975 Title 45Chapter 1 Article 23 Part 2Section 45-1-231. In this example, The State of Alabama, changed Pistol Permit Fees for Autauga County form the standard $1 to $20.

    ***Basically, The Sheriff goes to The Alabama Legislature and complains that because of AlabamaCode 1975 11-45-1.1 He can not do anything about raising His Pistol Permit Fee, and He complains until TheAlabama Legislature decides to raise it for Him.***

    ***Usually, though, these Fee-hikes come with stipulations, the most common one is: 20% of the Fee (in the above Case say..., $20, which makes $4 for The County General Fund)shall go to the County General Fund. However, in this Case, The Autauga County Sheriff's Office gets to retain theFee for 'Law Enforcement Purposes' as the Sheriff 'sees fit'.***

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    Be thankful...we pay $133.00 in Mississippi! Why did I ever move from Cullman!!! haha

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    Mississippi Man wrote:
    Be thankful...we pay $133.00 in Mississippi! Why did I ever move from Cullman!!! haha
    Your meth lab was raided is the only reason comes to mind.
    If Miss was under us I would postulate you fell threw the sink hole on 65.


    That's what I told Little, if it means giving up the easy cheap permits
    to get reciprocity with other states, forget it, just let those who can't do without
    get a FL, UT etc. A two tear permit would be nice but no way to force other states
    from only recognizing the expensive testing one. Otherwise an AL out of state
    permit would be a nice way to carry in more places. But you just can't trust
    Montgomery with even writing good laws.

    About the only way I see better permit law is to tie the legislatures pay to permit fees,
    Then they would be mandating everyone have one so they can get paid.

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    Meth lab? Was that supposed to be funny?? Get some class..

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    133 thats cheap here in CA i paid 153 non refundable plus the CCW course 70 - 90 dollars plus ammo im looking forward to 20 dollars lol

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    Wow! and to think these guys in Alabama are complaining about paying $20!

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    I know im skipping with joy at the thought of 20 I was sweating it when i was trying to look up the fees cuz i couldnt be spending that much again

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    Mississippi Man wrote:
    Wow! and to think these guys in Alabama are complaining about paying $20!
    But, it is $20 per year...So it is only a little better....And you have to remember to renew every year.

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    didnt the sheriff get busted for bootlegging???

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    Mississippi Man wrote:
    Meth lab? Was that supposed to be funny?? Get some class..
    As a transplant that's what I was told cullman was known for.
    Sheriff even has a hearse painted up with meth addicts on it,
    and a hotline number to turn them in.
    LMAO when I first saw it. Far be it for me to argue with law enforcement.

    I'm still trying to decipher the alphabet soup they use in the crime report section
    of the paper. I never heard of a possession of controlled substance by underage
    persons before, thought it was just one law for everyone. Haven't found out
    if it is worse or better to be charged with that one, the deputy never heard of it
    when I asked him, and I didn't have the paper to show him.

    If you can't laugh at your home town it's already to late for you. I remember
    how happy I was at work when they busted a pot farm, I was beaming with pride
    we had some simple pot heads in the county. I would make a great drug dealer,
    after six months I would cut everyone off and watch them flop around like fish
    out of water for laughs.
    Oh how can the sheriff let me be armed, it just terrifies me there may be others
    out there even worse.




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    I never once said that Cullman was my hometown..but I did reside there for a year and enjoyed my time as it was a great little city to live in. As for the hearse, Meth labs, and growing pot, you seem to know alot about that.. Try not to label others, especially those you have no idea about.

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    dixieborn wrote:
    Section 13A-11-75 describes the process of licensing for carrying pistols concealed on your person, or in your car, etc. According to this statute:

    "The fee for issuing such license shall be one dollar ($1) which shall be paid into the county treasury unless otherwise provided by local law."

    Where is the legal basis for charging so much money for the permits we all pay for? Anyone know? Or has anyone asked/answered this question in the past and I just missed it?
    Michigan's are $105 - count yourselves lucky.

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    my apologies! Our license is good for 5 years at $133, so it is albout the same money as your cost in Alabama, but I would hate to have to renew or even remember to renew each year! That does stink!

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    But mine is only $10, depends on county in AL. On the plus side if you move you
    haven't blown 4+ years worth of permit. Also no fingerprints, no references, no pesky
    questions you have to answer truthfully, i.e. you don't have to sign the application
    swearing the answers above were truthful under penalty of law.....
    I myself have never lied on mine, but was shocked there was nothing prohibiting it.
    Also can pay in cash so there is no paper trail.

    On the minus side, I had to wait 3 whole days, and they tried to goad me, I had to
    renew on the auburn side of the office, they wouldn't come over to the Alabama
    counter to take my $10.
    It was horrible, oh the shame for giving in so I could drive home.


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    Yeah in Mississippi we had to answer a TON of questions, bring a photo of yourself, have everything notarized, pay the money, get fingerprinted, and then get to wait six weeks for the license. It was a pain. If they would have had an "Auburn" side of the counter here, it might have been just too much! LOL RTR

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    Yeah, don't get my wrong everyone, I'm not trying to get into a ******* contest over who has it the worst.... I was just wondering where the disconnect was between the statute calling for $1 and my sheriff asking for $20 which I assume is going to their kegger...

    But someone answered my question, so I'm good.

    I'm still paying the darn fee... just wish I didn't have to fork over $20 every year!

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    Don't think of it as a yearly license fee.
    Think of it as a 'user' tax for your car to keep the roads safe.:celebrate

    But ask your city council when they run for re-election if they will support
    lowering it to $1. They always love citing their pro gun stances when campaigning.
    Put them on the spot, point out that unemployment makes it a hardship to pay
    unreasonable taxes on safety measures.

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