Author Topic: Legal Firearms Transport Without A Concealed Permit  (Read 6475 times)

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Ranger

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Legal Firearms Transport Without A Concealed Permit
« on: July 24, 2010, 12:08:49 PM »
The following is from the Attorney's General website: http://www.ago.alabama.gov/ag_items.cfm?Issue=64
RE: ALABAMA PISTOL LAWS AND CARRYING/TRANSPORTING A PISTOL

The following synopsis of Alabama law is furnished for general information only, and does not constitute legal advice or counsel:

Alabama law prohibits any person from carrying a pistol in any vehicle or concealed on or about their person without a pistol permit license. Code of Alabama, 1975, section 13A-11-73. Under Alabama law, a "pistol" is defined as "any firearm with a barrel less than 12 inches in length." Licenses to carry a pistol are issued by local county sheriffs in Alabama. A person must be a resident of that county to apply for and be issued a pistol permit license. Alabama as of August 1, 2001 under Act 2001-494 has provisions for recognizing pistol permits or concealed weapon licenses issued by states who will recognize pistol permits issued by Alabama.

The license requirement of section 13A-11-73 does not apply to "regularly employed" law enforcement officers; to members of the armed forces or National Guard while on duty or going to or from duty; to persons engaged in manufacturing, repairing, or dealing in pistols; or to 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. Section 13A-11-74.

It is our interpretation of the Code of Alabama that "regularly employed" law enforcement means full time, sworn law enforcement officers. Such persons are exempt from the requirement to possess a permit and may carry their pistols concealed or unconcealed.

The State of Alabama does recognize pistol licenses or permits to carry concealed weapons issued by other states who will recognize Alabama pistol licenses. [See the list posted above.] Also, a person may carry or transport a long gun (rifle or shotgun) without a permit. A person may lawfully transport a firearm, including a handgun, from one state in which they are legal to possess to another state without a permit as required under Alabama law, provided the following conditions are met:

1. The firearm is unloaded.
2. Neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle.
3. In case of a vehicle without a compartment separate from the driver's compartment, the firearm and ammunition shall be in a locked container other than the glove box or console.

Title 18 U.S.C. section 926A
Under Alabama law, no person convicted in this state or elsewhere of a "crime of violence" may own or possess a pistol. Section 13A-11-72. Crimes of violence are defined as murder, manslaughter, rape, assault, robbery, burglary, kidnapping, and larceny. No person addicted to drugs or habitually intoxicated may own or possess a pistol. Section 13A-11-72. Any person in violation of Alabama’s pistol laws may be arrested and upon conviction, subjected to a term of imprisonment of not more than one year and a fine of not more than $500, or both. The pistol will be seized and may be forfeited by court order.
 
« Last Edit: July 24, 2010, 12:10:36 PM by Ranger »
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

Mystic Lemur

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #1 on: July 24, 2010, 08:55:07 PM »
Well, that sucks. So, according to the Alabama Dept of Public Safety, carrying in a vehicle without a permit, for travel in Alabama only, is a big fat NO unless you are getting your pistol repaired.

Any gunsmiths want to start giving free inspections at all ALOC meets?  ;)

Ranger

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #2 on: July 24, 2010, 11:17:55 PM »
I know you were ust making a joke because anyone can see rules 1, 2, 3 above talking about carrying in a vehicle. But maybe we need some gunsmiths and FFL holders to join the group. I, for one, would love to get my FFL back.
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

Mystic Lemur

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #3 on: July 26, 2010, 05:52:16 AM »
A person may lawfully transport a firearm, including a handgun, from one state in which they are legal to possess to another state without a permit as required under Alabama law, provided the following conditions are met:
 


Not making a joke Ranger, they actually use the words "from one state... to another..." which doesn't give a whole lot of wiggle room. Of course, it's not an official legal opinion (even though it's posted on the official AG website, go figure) so we can still try to test the waters if anyone is up for it.

Ranger

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #4 on: July 26, 2010, 07:54:53 AM »
From everything we can tell, the carrying inside a vehicle does not appply to rifles and shotguns. The carry law seems to only apply to pistols. If they are locked in the trunk or locked and stowed away separately from the ammunition (like in a pickup) I think the law will pretty well show that you kept within the spirit of the law. After all, you can't put the pistol in the trunk if there isn't one!
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

eye95

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #5 on: July 26, 2010, 08:35:31 AM »
From everything we can tell, the carrying inside a vehicle does not appply to rifles and shotguns. The carry law seems to only apply to pistols. If they are locked in the trunk or locked and stowed away separately from the ammunition (like in a pickup) I think the law will pretty well show that you kept within the spirit of the law. After all, you can't put the pistol in the trunk if there isn't one!

I think such carry would rely on the kindness of LEOs and courts.
eye95.comCash Roots versus Grass Roots

Ranger

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #6 on: July 26, 2010, 08:42:09 AM »
It always seems to fall back to that, doesn't it? LEOs and the courts. Maybe if we make such a big stink in front of a jury things might get changed for the better.
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

bigdawgfotch

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #7 on: July 26, 2010, 11:05:24 AM »
Maybe..They might also turn everything upside down and turn us into a police state like NY>>NJ and CAL.
Alabama is a right state and i hope it stays that way..I remember back in the early sixties with helmet laws,we protested like hell. Thousands of us, they only made the laws stricter and easier to understand

FTW
want my gun..come and get it..

Jonathon Norris

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #8 on: August 09, 2010, 10:27:58 AM »
Got a ticket for not wearing a helmet the other day. Lol. 

Freedom to me means OC'ing a rifle and handgun (without a permit) in overt body armor on my motorcycle with no helmet.

Why don't they make training wheels for motorcycles mandatory next? ..or maybe they could just run along beside me holding my hand.

NANNY STATE.
Before all else, be armed.
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There is no avoiding war; it can only be postponed to the advantage of others.
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bigdawgfotch

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #9 on: August 09, 2010, 11:57:59 AM »
Watch out what ya say...You might give some idiot on the left an idea

FTW
want my gun..come and get it..

Ranger

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #10 on: August 09, 2010, 01:49:41 PM »
Watch out what ya say...You might give some idiot on the left an idea

FTW
Maybe we can just cover you in bubble wrap from head to toe. Sounds like a plan to me! LOL
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

dixieborn

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #11 on: August 09, 2010, 02:21:54 PM »
Same exact problem as a law requiring seat belts... not the government's responsibility.

It may be a statistical fact that you are more likely to live through a crash with your seatbelt fastened, the evidence for it may be overwhelming! But in the land of freedom, it still ought to be my choice whether or not to choose that safety device. I mean what's next? Chocolate is proven to be bad for your health... ban chocolate?

Ranger

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #12 on: August 09, 2010, 04:43:22 PM »
Ban chocolate? Not since women got the vote! It'll never happen!
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

DJDD

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #13 on: August 09, 2010, 07:53:38 PM »
Ban chocolate? Not since women got the vote! It'll never happen!

That's another thing that needs to go. Women voting?!?!?1 What happened to barefoot in the kitchen?




 :P

Ranger

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Re: Legal Firearms Transport Without A Concealed Permit
« Reply #14 on: August 09, 2010, 07:57:32 PM »
Oh, I can't believe he said...Look out! Dead man talking! LOL
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

 


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