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

micahsdavis

New member
Joined
Feb 8, 2011
Messages
1
Location
Trussville, Alabama, United States
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 !!
 

eye95

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

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
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:

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
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.
 

aadvark

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

AirBear

Regular Member
Joined
Oct 11, 2009
Messages
41
Location
Alabama, ,
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.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
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.
 
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