In the state of Alabama the sale, giving, lending, or delivering of a handgun to any person under the age of eighteen, any person who has been convicted of a violent crime, any person who is a drug addict, any person who is a habitual drunk, or any person of an unsound mind is illegal. Alabama does not require a permit to possess a rifle, handgun, or shogun. No registration is required for rifles, shotguns, and handguns. Owners do not need to be licensed to possess handguns, rifles, or shotguns.
However a permit is required to carry a handgun but is not required to carry a rifle or shotgun. Minors cannot legally, through law enforcement authorities, carry or possess a handgun. After an individual has been warned by a police officer, he or she cannot by law possess or carry a firearm–on his or her person or in a vehicle–while attending or participating at a public place or within one thousand feet of the demonstration. It is also illegal to sell, use, or possess a short-barreled shotgun or a short-barreled rifle.
What stands out about Alabama’s criminal laws and how they impact carry of a handgun is their simplicity or lack of laws. There is a peculiar statutory prohibition on brass or steel Teflon-coated handgun ammunition, but a fair reading of the statutes indicate that it seeks to make unlawful handgun ammunition of types that would or is designed to penetrate a police officer’s body armor. Open carry of handguns is legal in Alabama with a valid license to carry.
For orientation to reciprocal carry, the population is a little under five (5) million people. The states bordering Alabama are Tennessee to the north, Georgia to the east, Florida to the south, and Mississippi to the west.
Alabama Carrying Laws
Contents
Under Alabama law it is illegal to carry a concealed firearm, pistol, or air gun without a proper permit. It is also illegal to carry a shotgun or rifle walking cane. No individual can carry a pistol in a vehicle or concealed on his or her person. The exception to this law without a license are allowed to on his or her land, in his or her home, or place of business. These laws do not include common carriers, law enforcement officers, individuals carrying securely wrapped, unloaded handguns from a place of purchase to a home, business, repair place, or when moving from one place of residency to another.
Restored Gun Rights
All cases of convicted felonies are classified by the Federal Government as prohibited from owning or carrying a firearm. The conviction of a misdemeanor for domestic violence will result in the loss of the right to own firearms along with any individual who is the subject of an order of protection. The restoring of gun rights is determined by state law instead of federal law. When convicted of a felony, only those who have been pardoned can earn back their rights to possess and carry firearms. Pardons can be applied for but are not normally granted. In the cases of hunting, convicted felons may participate through bow and arrow, crossbow, and in some cases black powder rifles. Some of the time black powder rifles fall into a different rifle class than prohibited firearms.
Reciprocal Carry
By statute, Alabama has a clear reciprocity provision recognizing out-of-state licensees:
“A person licensed to carry a handgun in any state shall be authorized to carry a handgun in this state. This section shall apply to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state shall carry the handgun in compliance with the laws of this state.”
Alabama now has a reciprocity agreement with all states. In order for this to occur, the Alabama AG requires both states’ licensing laws must be substantially similar.
Possession at Work
An employer may restrict or prohibit an employee’s ability to carry a firearm while on the employer’s property or while engaged in the normal duties of the employee’s employment. [13A-11-90(a)]. An employer may not restrict the storage or transportation of a lawfully possessed pistol or ammunition in a privately-owned vehicle parked on public or private land, subject to certain restrictions: having a valid concealed weapon permit and the gun is out of sight. [13A-11-90(b)]. 40-12-134(b). The handgun must be unloaded, locked in container stored in the vehicle and out of reach of any occupants. An employer who believes an employee is a danger to themselves or others may ask if the employee has a firearm in their vehicle, and if so, may further inquire to make sure the firearm is being stored in accordance with the provisions above.
Self-defense Laws
Alabama has both Castle Doctrine and SYG laws. There is no duty to retreat when attacked in any place You have a legal right to be, and You may use deadly force in self-defense if You reasonably believe it is necessary to prevent death or SBI, to prevent kidnapping, robbery, burglary, or forcible rape, or to stop the unlawful & forcible entry into Your dwelling, residence, or occupied motor vehicle.
Carrying Firearms in Vehicles
It is a crime to carry a concealed handgun in a vehicle without a license. An individual may carry a pistol without a permit on their land or business property owned by the individual. 13A-11-73(a). An individual may not carry a pistol on his person on a premises that is not his own and/or is merely under his control without a license.
Except as otherwise prohibited by law, a person legally permitted to possess a pistol, but who does not possess a valid concealed weapon permit, may possess an unloaded pistol in his or her motor vehicle if the pistol is locked in a compartment or container that is in or affixed securely to the vehicle and out of reach of the driver and any passenger in the vehicle.
Possession at Work
An employer may restrict or prohibit an employee’s ability to carry a firearm while on the employer’s property or while engaged in the normal duties of the employee’s employment. [13A-11-90(a)]. An employer may not restrict the storage or transportation of a lawfully possessed pistol or ammunition in a privately-owned vehicle parked on public or private land, subject to certain restrictions: having a valid concealed weapon permit and the gun is out of sight. [13A-11-90(b)]. 40-12-134(b). The handgun must be unloaded, locked in container stored in the vehicle and out of reach of any occupants. An employer who believes an employee is a danger to themselves or others may ask if the employee has a firearm in their vehicle, and if so, may further inquire to make sure the firearm is being stored in accordance with the provisions above.
Carry in Restaurants That Serve Alcohol
Yes. Alabama currently has no laws prohibiting individuals who are otherwise lawfully allowed to carry a firearm from doing so in restaurants that serve alcohol.
Other Laws
The usage of a firearm in a public fight is punishable by no less than six months in a county jail with a fine up to five hundred dollars. The discharge of firearms in schools, cars, dwellings, buildings, watercraft, trains, or any other conveyance is illegal in the state of Alabama and will result in a Class B Felony conviction if the facility is occupied and a Class C Felony is the facility is unoccupied.
Criminal Provisions
A prudent person contemplating possessing a firearm in a state other than where they live, particularly with reciprocal handgun carry, should understand the other state’s basic criminal laws. The top criminal acts relative to the state’s penal orientation (highly complex and numerous in some densely populated areas to virtually nonexistent in some southern or western states) relating to firearms are set forth.
However, it is critical to remember every rule has exceptions that may or may not apply. And they may be contained in statutes, rules, regulations or cases. These too should be considered as necessary, remembering always that federal firearms law also applies in all states. In states that do not have complete state preemption, local laws must be followed. Finally, in states with Native Americans, their lands are subject to tribal laws and restrictions on firearms. A CCP is invalid in the following locations:
- Any place prohibited by federal law
- At public demonstrations, pickets, or protests
- A courthouse
- A jail, prison and certain corrections facilities
- The Alabama statehouse
- A facility providing inpatient or custodial care of those with psychiatric, mental, or emotional disorders
- A building where a county commission or city council is currently having a meeting.
- On the property of a public K-12 school
- At the facility of a sports game sponsored by a private or public elementary or secondary school, or any private or public postsecondary education institution, unless You have the permission of the person hosting the event
- At secured locations with restricted access and security guards
- Discharging a firearm into a school, bus, building, train, automobile, aircraft, or watercraft is prohibited
- The sale and possession of handgun ammunition with Teflon-coated bullets made from brass or steel is prohibited, except for hollow points made from either brass or lead.
- It is illegal to carry a rifle or shotgun walking cane.
