Talk:Gun laws in Alabama

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Alabama

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Navbox article body edit

Latest comment: 11 years ago2 comments1 person in discussion

The article should be formatted as paragraphs of running prose, rather than as a navbox with collapsible groups. So, I'm going to remove the navbox, and replace it with the previous text version of the article, while leaving the current summary table intact. The previous text version is from this version, from August 2010, before the Gun laws in the United States by state article was split up. Besides not conforming to how an article should be laid out, the navbox is difficult to update. Also, it consists of quotes, instead of original prose written by editors. But it does contain a number of links that could be useful for updating the article, so I'm copying it to the talk page, below. — Mudwater^(Talk) 01:49, 3 January 2013 (UTC)Reply

Upon further review, the "overview" section of the navbox is better than the old text, so I'm going to replace the old text with the overview. — Mudwater^(Talk) 02:02, 3 January 2013 (UTC)Reply

Alabama^[1]^[2]^[3]

Overview

The Constitution of Alabama provides that every citizen has a right to bear arms in defense of himself and the State. The State preempts local regulation of handguns. The handgun preemption statute reads "[t]he entire subject matter of handguns is reserved to the State Legislature." With regards to firearms other than handguns, localities may regulate the discharge of firearms and levy taxes.^[1]^[2] On April 21, 2010, Gov. Bob Riley signed House Bill 2 into law as Act 2010-496 amending Ala. §13A-11-63, to allow civilian ownership of short-barrel rifles and short-barrel shotguns, as allowed by federal law.^[4] The only firearms known to be prohibited are those disguised as walking canes.

Licensed dealers are required to process background checks through the FBI prior to completing a sale. Licensed dealers must keep a record of every handgun sold, including the purchaser's signature and particular information about the firearm being sold. Private sales of handguns and long guns are legal and no background check is required; however, it is unlawful to sell a firearm to a prohibited person.^[1]^[2]

Firearms are prohibited from certain places, including demonstrations. Firearms are prohibited on the premises of public schools only by persons with intent to do bodily harm. State administrative agencies have regulations restricting or prohibiting firearms in state parks, state forests, recreation areas, offices of the Department of Human Resources, domestic violence shelters, youth detention facilities, wildlife management areas, refuges, and sanctuaries, and licensed family and group day care and other child care facilities. Open carry on foot is generally allowed without a license, withstanding other applicable laws. Carrying a handgun in a vehicle, whether open or concealed, requires a license. Carrying a handgun on premises that are not owned or under the control of the possessor is prohibited unless the person has a valid concealed handgun license.^[1]^[2]

Alabama may issue a license, either qualified or unlimited, to applicants who are residents of the county in which they apply, who do not have any disqualifying criminal convictions, who are suitable persons, and who have good reason to fear injury to their person or property or have any other proper reason for carrying a handgun. In practice, virtually all Alabama county sheriffs, as of 2010, issue licenses to all "suitable persons."^[5] The law requires applicants to be residents, so they do not issue licenses to non-residents. The license is valid to carry a handgun in a vehicle or concealed on or about one's person within the State. Licenses are valid for up to one year at a time.^[1]^[2] Alabama honors licenses issued by any state that also honors Alabama's licenses, provided that the license holder is not a resident of Alabama.^[6]

Constitutional Provision
Constitution of Alabama - Article 1. Declaration of Rights. § 26. Right to bear arms.	That every citizen has a right to bear arms in defense of himself and the state.

Preemption and Local Regulation
§ 11-45-1.1. Subject matter of handguns reserved to State Legislature; (...)	"The entire subject matter of handguns is reserved to the State Legislature."
§ 11-80-11. Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General.	Localities may regulate the discharge of firearms and levy taxes.

Registration

§ 13A-11-79. Dealers' licenses - Issuance; conditions; display; fees.

"A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the Secretary of State and shall be personally signed by the purchaser and by the person effecting the sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, color and place of birth of purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence."

§ 40-12-143. Pistols, revolvers, bowie and dirk knives, etc.

"All persons dealing in pistols, revolvers and maxim silencers shall be required to keep a permanent record of the sale of every pistol, revolver or maxim silencer, showing the date of sale, serial number or other identification marks, manufacturer's name, caliber and type, and also the name and address of the purchaser, which record shall always be open for inspection by any peace officer of the State of Alabama or any municipality thereof."

Prohibited Firearms
§ 13A-11-54. Carrying rifle or shotgun walking cane.	"Any person who carries a rifle or shotgun walking cane shall, on conviction, be fined not less than $500.00 nor more than $1,000.00, and be imprisoned in the penitentiary not less than two years."

Prohibited Places
§ 13A-11-59. Possession of firearms by persons participating in, attending, etc., demonstrations at public places.	The possession of a firearm on one's person or in any vehicle while participating in or attending a demonstration being held at a public place; or within 1,000 feet of a demonstration at a public place after being instructed to leave by a law enforcement officer.
§ 13A-11-52. Carrying pistol on premises not his own; who may carry pistol.	Carrying a pistol on or about one's person on premises not one's own or under their control, except licensed persons or those who hold certain positions. This statute has been superseded by provisions set forth in 13A-11-73, and 13A-11-75 which makes 13A-11-52 only pertain to persons on premises not their own, who are concealing a pistol WITHOUT a permit to do so.
§ 13A-11-72. Certain persons forbidden to possess pistol.	"[N]o person shall knowingly with intent to do bodily harm carry or possess a [firearm] on the premises of a public school."
Forestry Commission - § 390‑X‑7‑.08 Prohibited Devices. - State Forest Visitor Regulations - Page 7	Firearms are prohibited in state forests (not state parks) owned by the Forestry Commission, except law enforcement officers.
Bear Creek Development Authority - § 160-X-8-.01(14) - Regulations at BCDA Recreation Areas - Page 2	Firearms are prohibited at Bear Creek Development Authority recreation areas.
Department of Human Resources - § 660-1-1-.01(4)	Firearms are prohibited in all county and state Human Resources offices.
Prosecution Services - § 745-x-1-.01 Emergency Procedures and Security.	Firearms are banned from the premises of domestic violence shelters, except for law enforcement officers.
Department of Youth Services - § 950-1-13-.12(10) - Security and Control.	Firearms are not permitted in youth detention facilities except in emergency situations.
Department of Conservation and Natural Resources - § 220-2-.01--220-2-.141.	Firearms are not permitted in wildlife management areas, refuges, and sanctuaries.
Department of Human Resources § 660-5-27.04(2)(a)(9), 660-5-28-.03, 660-5-29-.01(3), 660-5-37-.05(9)(b), 660-5-42-.06	Firearms are not permitted in "licensed family and group day care and nighttime homes, foster family homes, and residential child care facilities."^[1]

Prohibited Persons

§ 13A-11-72. Certain persons forbidden to possess pistol.

Persons convicted of a crime of violence may not own or possess a pistol.
Drug addicts or habitual drunkards may not own or possess a pistol.
Convicted felons that have had their lost gun rights restored via pardon, or executive clemency, may petition the Sheriff of the issuing county to grant them a concealed carry permit. Convicted felons must have previously forwarded a certified true copy of their pardon to the FBI CJIS in Clarksburg, WV, to have their NCIC record updated to reflect "Gun Rights Restored" prior to applying for a CCW permit. Issuance of the CCW permit is at the discretion of the Sheriff or his/her designee.

Manufacturing

Transfer, Purchase, Sale
§ 13A-11-78. Dealers' licenses - Required.	Retail dealers must be licensed.
§ 13A-11-79. Dealers' licenses - Issuance; conditions; display; fees.	Retail dealers must keep a register of handgun purchases, including the purchaser's name, signature, and particular information about the handgun sold.
§ 40-12-143. Pistols, revolvers, bowie and dirk knives, etc.	Persons dealing in firearms are required to keep a permanent record of the sale of every pistol, revolver, and silencer; showing the date of sale, serial number, manufacturer, caliber, and type, as well as the name and address of the purchaser. The register shall always be open for inspection by law enforcement of Alabama or any municipality therein.

Transportation and Carry
§ 13A-11-75. License to carry pistol in vehicle or concealed on person - Issuance; term; form; fee; revocation.	"The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed." Applicants must be residents of the county in which they apply. Non-residents are not issued licenses.^[7] § 13A-11-75 states that "The fee for issuing such license shall be one dollar ($1)" although Handgunlaw.us states that the license fees vary from $5 to $15 depending on the Sheriff.^[7] Elmore county charges $20 for a pistol permit.
§ 13A-11-73. License to carry pistol in vehicle or concealed on person - Required.	"No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided."
§ 13A-11-74. License to carry pistol in vehicle or concealed on person - Exceptions.	The provisions of Section 13A-11-73 shall not apply to: Marshals, sheriffs, prison and jail wardens and their regularly employed deputies, policemen and other law enforcement officers of any state or political subdivision thereof. Members of the army, navy or marine corps of the United States or of the National Guard, or the members of the National Guard Organized Reserves or State Guard organizations when on duty or going to or from duty. The regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States of from Alabama; provided that such members are at or are going to or from their places of assembly or target practices Officers or employees of the United States duly authorized to carry a pistol. Any person engaged in the manufacturing, repairing or dealing in pistols, or their agent or representatives Any common carrier, except taxicabs Any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper from the place of purchase to his home or place of business, or to or from a place of repair or in moving from one place of abode or business to another.
§ 13A-11-52. Carrying pistol on premises not his own; who may carry pistol.	No person shall carry a pistol about his person on premises not his own or under his control, except licensed persons, or law enforcement officers and those who hold other particular positions.
§ 13A-11-85. Reciprocity for licenses issued in other states.	Alabama honors licenses issued by any state that also honors Alabama's licenses, provided that the license holder is not a resident of Alabama.^[6]

External Information edit

Latest comment: 9 years ago1 comment1 person in discussion

U.S. Concealed Carry is an extensive free resource about all things concealed carry in the United States. An interactive map regarding gun laws in each state can be found at http://www.USConcealedCarry.com/travel. Would you be amenable to adding this resource as external? --Patm7 (talk) 18:19, 4 November 2014 (UTC)Reply

Alabama is still "May Issue" for CCWs?!! edit

Latest comment: 6 years ago1 comment1 person in discussion

In Alabama, local sheriffs have the say on if the permits are issued. If you want to carry a handgun concealed on your person or in your vehicle, a permit is required.

...

The sheriff can turn down an applicant for any reason.

...

The move is not without opposition, including pushback from the powerful Alabama Sheriffs Association. The opposition to permit-less carry centers around sheriffs losing the ability to deny permits to applicants they feel pose a danger to the community.

From: USA Today, Montgomery Advertiser (2017 Nov 04) at: http://www.montgomeryadvertiser.com/story/news/2017/11/04/alabama-leads-nation-concealed-weapons-permits/825002001/ Phantom in ca (talk) 22:19, 5 November 2017 (UTC)Reply