Alabama Gun Law Question

D

donato

New member
The Alabama firearms law states that a person may not carry a pistol unto property not under his ownership (private property). The statement is definitive/absolute and there are no allowances addressed except for law enforcement type folks.

MY QUESTION: What if the owner of the private property gives the concealed pistol carrier permission to enter his property with the pistol, then is it legal?

I'm not concerned with rifles or shotguns - only handguns. And, I'm not law enforcement.

Thanks for any help.
 
i think you answered your own question if its ok with the land/property owner you can carry how ever and what ever u want to
 
donato said:
The Alabama firearms law states that a person may not carry a pistol unto property not under his ownership (private property). The statement is definitive/absolute and there are no allowances addressed except for law enforcement type folks.
Click to expand...

donato,
Who told you that is what the law said? You might want to look at the statute posted below. What the law makes illegal is to carry a CONCEALED handgun WITHOUT a license on property other than one's own. You can open carry without a license and you can conceal carry with a license on other's property without breaking the law.




13A-11-73. License to carry pistol;
generally. 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;
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, or to the members of the army, navy or
marine corps of the United States or of the
national guard, or to the members of the national
guard organized reserves or state guard
organizations when on duty or going to or from
duty, or to the regularly enrolled members of any
organization duly authorized to purchase or
receive such weapons from the United States or
from this state; provided, that such members are
at or are going to or from their places of
assembly or target practices, or to officers or
employees of the United States duly authorized
to carry a pistol, or to any person engaged in
manufacturing, repairing or dealing in pistols, or
the agent or representative of such person
possessing, using, or carrying a pistol in the
usual or ordinary course of such business, or to
any common carrier, except taxi-cabs, licensed
as a common carrier, 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.
 
beerbebud said:
i think you answered your own question if its ok with the land/property owner you can carry how ever and what ever u want to
Click to expand...

That is not what the law says either, beerbebud.
 
§ 13A-11-52. Carrying pistol on premises not his own; who may carry
pistol.

Except as otherwise provided in this article, no person shall carry a pistol about his
person on premises not his own or under his control; but this section shall not apply to
any sheriff or his deputy or police officer of an incorporated town or city in the lawful
discharge of the duties of his office, or to United States marshal or his deputies, rural free
delivery mail carriers in the discharge of their duties as such, bonded constables in the
discharge of their duties as such, conductors, railway mail clerks and express messengers
in the discharge of their duties.
(Acts 1919, No. 204, p. 196; Code 1923, §3487; Code 1940, T. 14, §163; Code 1975, §13-6-122.)
Click to expand...

This is from the AL Attorney General's web site and the section I am referring to. I'm taking this to mean concealed carry.? I think maybe you can do it if you have the property owner's permission, but I can't find where the law says this.
 
OK. You got me donato. Weird. That section isn't in BATFE's state laws publication, but it is in Alabama's statutes websites. The way I read that, you can't carry anwhere but your own property and on public property. Everywhere else is forbidden with our without owner's permission. So, you can't even carry to Wal Mart or any store or anything like that. Something just doesn't seem right.
 
OK, thanks.

I'll have to sit a read over it (More than once) and think about it some. - I'm not a legal guy.

I'll give you a shout back later.
 
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NavyLT,

Thanks again for your help.

See if my thinking is inline with yours; as I've said, I'm no legal person: The statute you quoted in your prior reply (13A-11-73) takes precedence over the one I quoted prior (13A-11-52). Statute 13A-11-73 says that without a license/permit, I can only carry concealed on my own property; however, the statute seems to infer/imply that with a license/permit I can carry on other's property. I'm still not sure about the permission thing though. Or, is the right to do so without permission included within 13A-11-73? In other words, is it granting me the right to carry concealed with a permit and without permission unto others property??

Now, I will add a bit here: I have done some calling to local law enforcement; however, I'm just not comfortable with the answers I've received to date. I just can't hang my hat on, "I believe that's correct"; "I think you are right"; etc. However, I do plan on continuing to make calls to see if I can find a definite answer somewhere within the local legal/LE community.
 
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You can carry onto another person's property until the point they ask you to not to. Once they ask you to not carry or leave, then you either have to leave your gun behind or not be on their property, otherwise it is trespassing after they ask you leave.

To put it another way, permission is implied until they specifically prohibit firearms on their property.
 
NavyLT,

Thank you very much for helping me with my question. I am very appreciative for the research that you took the time to do and replies that you have provided - it seems that you may be a legal person.

Thank you!!
 
donato:

You might check out the following link at AR15.com:

http://www.ar15.com/forums/topic.html?b=8&f=31&t=361277

This has been held twice this year it appears with another planned for next spring. I found out about the last one the day after it was held...

I have similar questions as you about our carry laws and dont know where to get solid answers other than a lawyer (I'm not one). Calling local LE offices will get you their opinions and wont do you a lot of good if you get in a bind.

If the -52 part of the code isnt superceded by the -73, then I dont really see the point of offering a pistol license. It's all very vague. You also get into a lot of non-specific areas where CC is prohibited that seems to vary by location. Public buildings seem to be off limits which is all buildings held by federal, state and local government? Is it legal in churches? Do you have to get permission?

The vagueness of it really leaves a lot of thngs open to interpretation that could turn into an ugly mess for someone carrying.
 
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