The defining factor in my mind is that the legislature and our courts have both defined concealed carry as a privilege toinvolve yourself in"the evilpractice of carrying weaponssecretly", and it is not a right. Constitutional rights are not subject to what sheriff or what county you happen to be involved with; privileges are. Rights do not end when you enter a vehicle.
That leaves only open carry asour constitutional right to bear armswhich cannot be in fringed by 13A-11-52 or any other law or action by our government. It would take an ammendment of our state constitution to do that, becausethe right to bear arms for defensehas been excluded from the general powers of government by Section 30 of the Constitution of Alabama.
Even though the general exclusion from the powers of governmnent wasdisregarded in the case, it was stated in Isaah v State:
... "The question recurs: Does the act, 'to suppress the evil practice of carrying weapons secretly,' trench upon the constitutional rights of the citizen? We think not. ...
... A statute which, under the pretense of regulating, amounts to a destruction of the right, or which requires arms to be so borne as to render them wholly useless for the purposes of defense, would be clearly unconstitutional. But a law which is intended merely to promote personal security, and to put down lawless aggression
[***11] and violence, and to that end inhibits the bearing of certain weapons in such a manner as is calculated to exert an unhappy influence upon the moral feelings of the bearer, by making him less regardful of the personal security of others, does not come in collision with the Constitution
A sheriff may issue or revokea license for an evilprivilege such as carrying weapons concealed.
Our constitution protects our right to bear arms, which has been defined byour courts as the right to carry them openly for defense.