Results 1 to 8 of 8

Thread: Does your handgun have to be empty (unloaded) for open carry or concealed carry ????

  1. #1
    Regular Member
    Join Date
    Feb 2011
    Location
    Trussville, Alabama, United States
    Posts
    1

    Does your handgun have to be empty (unloaded) for open carry or concealed carry ????

    I live in alabama and i wanna know the law,does your gun have to unloaded to carry it open or concealed ? I've watched lots of videos on youtube that shows people getting checked by the police to make sure their gun is unloaded. If this is true then what is the point in carrying a gun period !!

  2. #2
    Regular Member Mas49.56's Avatar
    Join Date
    Mar 2010
    Location
    Florida, USA
    Posts
    275
    Nope, just in Kalifornia.

  3. #3
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,093
    I carry loaded all the time. I have been stopped twice by the police, both times in unlawful violation of my 4A rights. Both times the Montgomery PD acknowledged that the stops were wrong. Both times I was carrying loaded and walked away from the encounter with an openly carried, loaded firearm.

    Nothing in the law prohibits OC loaded. The Alabama code is a list of prohibitions. If an act is not prohibited, you cannot be held criminally responsible for it. If you were charged with a crime for which no prohibition existed at the time of the act, that falls under ex post facto law, and is expressly prohibited by the US and Alabama constitutions.

    For more information, visit http://AlabamaOpenCarry.com .

  4. #4
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,615
    micahsdavis:

    There are Three States that have Loaded Carry Restrictions: 1. California, Penal Code 12031(e), 2. Utah, Utah Code 76-10-505, AND 3. Oregon, Oregon Revised Code 166.173.

    Iowa, has a Partial Ban on Loaded Carry, but only in InCorporated Areas, under: Iowa Code 724.4.

    Arkansas, has a Partial Ban on Loaded Carry, under: Arkansas Code 5-73-102.

    *** If I can Think of any more Situations under Various State Laws wherein Loaded Carry may or may not be Legal, then, I will UpDate this Post. ***

    aadvark
    Last edited by aadvark; 02-14-2011 at 09:57 AM.

  5. #5
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,860
    Quote Originally Posted by aadvark View Post
    micahsdavis:

    There are Three States that have Loaded Carry Restrictions: 1. California, Penal Code 12031(e), 2. Utah, Utah Code 76-10-505, AND 3. Oregon, Oregon Revised Code 166.173.

    Iowa, has a Partial Ban on Loaded Carry, but only in InCorporated Areas, under: Iowa Code 724.4.

    Arkansas, has a Partial Ban on Loaded Carry, under: Arkansas Code 5-73-102.

    *** If I can Think of any more Situations under Various State Laws wherein Loaded Carry may or may not be Legal, then, I will UpDate this Post. ***

    aadvark
    Denver County prohibits OC, loaded or unloaded. The rest of Colorado does not. CCW permits CC everywhere in the state, including Denver.

  6. #6
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,615
    GunSlinger:

    In my Previous Post, I did not Include Cities, only States..., but, The Information was Insightful!

    However, Denver would have to Allow Concealed Carry by Concealed Carry Permitees, under Colorado Revised Statutes 18-12-105.1 AND 18-12-214.

    Vehicle Carry is Preempted, State-wide, under 18-12-105.6.

    As for The Rest of The State of Colorado, less Denver, Open Carry is Preempted under Colorado Revised Statues 29-11.7-101 through 29-11.7-104.

    I would Personally like to see Colorado Revised Statute 29-11.7-104 Repealed, and additonally would Prefer that The Colorado Legislature also Repeal Colorado Revised Statute 18-9-118.

    *** Colorado is Odd, in that, Open Carry is NOT Fully Preempted, but Concealed Carry is Fully Preempted. ***

    aadvark

  7. #7
    Regular Member
    Join Date
    Oct 2009
    Location
    Alabama, ,
    Posts
    41
    If you are inquiring about Alabama law, the laws that pertain to handguns make no distinction on whether a handgun is loaded or unloaded.
    The fact that it is a handgun is all that matters. The penalty for carrying a handgun without a license concealed on your person or in a vehicle is the same no matter if the gun is loaded or not.
    I would recommend that you not carry an unloaded handgun. It becomes a useless weight about your person, it cannot be used for its intended purpose, it can be mistaken for a loaded handgun, therefore leaving you defenseless in a self-defense situation.
    The only situation I can imagine where you would want to have a handgun unloaded would be for an unlicensed person to comply with the provisions of the Bartley-Fox federal law that protects interstate travelers from various state gun laws while enroute to their destination. That law states that the firearms must be legal at the point of departure and at the destination.
    In that case, the firearms must be unloaded and out of reach of the operator.

  8. #8
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,860
    Quote Originally Posted by aadvark View Post
    GunSlinger:

    In my Previous Post, I did not Include Cities, only States..., but, The Information was Insightful!

    However, Denver would have to Allow Concealed Carry by Concealed Carry Permitees, under Colorado Revised Statutes 18-12-105.1 AND 18-12-214.

    Vehicle Carry is Preempted, State-wide, under 18-12-105.6.

    As for The Rest of The State of Colorado, less Denver, Open Carry is Preempted under Colorado Revised Statues 29-11.7-101 through 29-11.7-104.

    I would Personally like to see Colorado Revised Statute 29-11.7-104 Repealed, and additonally would Prefer that The Colorado Legislature also Repeal Colorado Revised Statute 18-9-118.

    *** Colorado is Odd, in that, Open Carry is NOT Fully Preempted, but Concealed Carry is Fully Preempted. ***

    aadvark
    Yeah, that split decision grandfathering Denver by the CO Supreme Court is the problem. The justice who recused herself would have voted against it. Until we get a governor who is pro-gun, we're stuck--or until better SC Justices which is the cart after the governor's horse.

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •