Alabama Open Carry Law Kicks In

Alabama’s new open carry gun law takes effect tomorrow (August 1 ). Yellow Hammer State gun owners with a concealed carry license can now carry openly in public places—unless they’re prohibited form doing so (indicated by an approved sign). Click here for wnt.com‘s FAQs. Bottom line: “It shall be a rebuttable presumption that the mere carrying of a visible pistol, holstered or secured, in a public place, in and of itself, is not a violation of this section.” The University of Alabama and other football-crazed, left-leaning seats of higher learning aren’t exactly happy about the public events provision, but that’s no surprise. Jefferson County Sheriff Mike Hale [above] tells al.com that he’s down with open. “I support the Second Amendment to the Constitution . . .” he assures the reporter. And no “but” statement follows. How ’bout that?

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About Robert Farago

Robert Farago is the Publisher of The Truth About Guns (TTAG). He started the site to explore the ethics, morality, business, politics, culture, technology, practice, strategy, dangers and fun of guns.

32 Responses to Alabama Open Carry Law Kicks In

  1. avatarDirk Diggler says:

    In 3 months, it will be a non-issue

  2. avatarjoe08 says:

    I love being in Alabama.

  3. avataruser3369 says:

    I want to make a quick edit:

    Apparently the Car Carry Permit was dropped from the bill – Lame

    And the Schools in question would be higher education universities. You still cannot have a gun on elementary, middle, high school grounds, no matter what.

    I would not advocate open carrying on a college campus though, or entering the threshold of a building on one. While their “rules” may not apply to non-students/faculty, by outlawing them inside, you run afoul of state law…even though it is technically public property.

    Or just carry concealed and tell no one.

    • avatarStephen says:

      “And the Schools in question would be higher education universities. You still cannot have a gun on elementary, middle, high school grounds, no matter what.”

      I believe you are mistaken. The gun free school zone act carves out an exemption for state permit holders. The state law say you must have intent to do harm. If I have a permit I can carry my pistol and drop off my child at school.

  4. avatarStephen says:

    The open carry statues are clarified. We could always open carry, it was just a hassle.

    You missed the big news. Alabama is now shall issue. If you are denied you must be issued a written reason. There is a appeals process now as well with the sheriff has the burden of proof on why you cannot be issued a permit.

    • avataruser3369 says:

      +1

    • avatarBlue says:

      I am glad to see Al finally go shall issue. Most sheriffs were good about helping in the past. Plus, Alabama was one of the easiest states to get a permit in before the “shall issue” movement was kicked off in FL in 1987. My first license was in AL.

  5. avataruser3369 says:

    The Plot Thickens:

    Chief Deputy Stevens would be incorrect about carrying on school property. The Federal Gun Free School Zone Act forbids carry of a gun within 1000 feet of school property, but makes exception for licensed carry. 18 USC 922 (q) states in part…

    (B) Subparagraph (A) does not apply to the possession of a firearm—

    (i) on private property not part of school grounds;

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    Furthermore, it is Alabama law 13A-11-72 that states in part…

    (c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly
    with intent to do bodily harm carry or possess a deadly weapon on the premises of a
    public school.
    (d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a
    public school in violation of subsection (c) of this section is a Class C felony.
    (e) Law enforcement officers are exempt from this section, and persons with pistol
    permits issued pursuant to Section 13A-11-75, are exempt from the provisions of
    subsection (c) of this section.

    So either the Chief Deputy is misinformed, or he is intentionally misinforming the public. A third possibility was that he may have been misquoted.

    • avatarneiowa says:

      What is need in this nation is a state legislature that will pass a blanket license applying to ANYONE that is registered to vote. Direct LEO that registration is evidence of qualification for license.

  6. avatarRalph says:

    I’d rather concealed-carry my pistol and open-carry my beer. It’s hot in Alabama.

  7. avatarstateievil says:

    RF, Alabama has always been an “open carry” state without a license.

  8. avatarJim says:

    “No Gun” signage has no force of law outside of places described in SB286, Section 6

  9. avatarSteve Case says:

    Are we sure Sheriff Mike is a real person? He seems far too reasonable to be an elected official!!

    /sarcasm off

    • avatarCW says:

      Thankfully I helped elect (and re-elect) the guy. He is always quick to get NFA paperwork turned around too. Between free the hops improving our beer culture and now I only have to renew my carry permit every 5 years… Bama is making a tough case for me to keep the family here. Roll tide.

    • avatarBlue says:

      There is a 67% chance that a sheriff will be pro-2a.

  10. avatarDeft says:

    “Now if you’ll excuse me I have a race to run against a hare.”
    Accents are hilarious.

  11. avatarMark says:

    Hopefully the cowardly scumbags that like to mass murder innocent people will think twice when they see a holstered citizen!

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