Senate Bill 24 may change the core of Alabama concealed carry laws if passed, positioning the state to potentially become the next with .
Sponsored by Senator Gerald Allen, SB24 has ignited statewide debate, namely between the NRA in support of the measure and the Alabama Sheriff's Association opposing it, according to media reports.
As of April 6, it was still under consideration by the Senate, which means Alabama Code Section 13A-11-73 (requiring residents to have an Alabama pistol permit and nonresidents to have a permit under a recognized state -- with some exceptions) is still in effect.
How to Get an Alabama Concealed Carry Permit
An Alabama resident may apply for an Alabama concealed carry permit, also referred to as a pistol permit or license, with their respective county sheriff. However, Senator Shay Shelnutt sponsored Senate Bill 330, introduced to the Senate on March 16, which if enacted would allow residents to apply for permits from their neighboring counties in order to benefit from less costly fees.
The Alabama permit, which is valid for between one to five years depending on which the applicant requests, is issued under different fees in different counties.
For example, according to the Morgan County Sheriff's office, a one-year permit fee is $20 and the five year permit is $100, but in Jefferson County the one-year permit fee is $7.50 and the five-year permit is $37.50.
As it stands, Alabama is currently a shall-issue state as of August 1, 2013 when Senate Bill 286 went into effect. This means after the applicant submits their application they will be issued a license to carry a concealed firearm, which in Alabama's case will be within 30 days of receipt of a complete application and its respective fee.
However, the applicant must qualify under certain criteria.
As per Alabama Code Section 13A-11-75, there are about 11 considerations under which a sheriff may decline the application submitted by a resident of their county. These pertain to drug use, mental illness convictions in criminal cases, involuntary treatment or commitment in psychiatric hospitals, insanity pleas in cases, cause for justifiable concern for public safety, falsified application information and other specific terms.
After the applicant (who is at least 18 years old) submits the application, pays the fee and is ran through the National Instant Criminal Background Check System, they may be declined, but under the previously cited code they may appeal within 30 days. The sheriff then carries the burden of providing clear and convincing evidence that the applicant is prohibited to possess a firearm.
Some are still concerned that 18-20 year olds may not be given a permit. However, sheriffs are required to process all applications within 30 days and an age requirement is not explicitly enumerated in the 11 prohibiting qualifiers.
With that said, Alabama Code Section 13A-11-72 outlines all persons prohibited from carrying a firearm, and section (b) states, "No person who is a minor, except under the circumstances provided in this section, a drug addict, or an habitual drunkard shall own a pistol or have one in his or her possession or under his or her control." Note that Alabamian minors are those under 19 years old. Regardless, the age requirement in the state is at least 18 years old, but county sheriffs, like Mobile County, will often post requirements, if that's a concern.
Felony charges, domestic violence charges and other similar convictions for criminal acts may also impact an application, not to mention disqualifying results from the NICS check which analyzes federal databases.
A permit is not necessary when carrying a concealed pistol in one's abode or fixed place of business. To add to that, under Alabama Code Section 13A-11-73 (b) a permit is not necessary if carrying an unloaded pistol in a locked compartment or container that is "out of reach of the driver and any passenger in the vehicle."
According to Alabama Code Section 13A-11-74, there are also exceptions to the permit requirement for certain law enforcement officers, and other applicable parties. As this is not formal legal advice, please consult state legal authorities to confirm any questions regarding concealed carry rights and exceptions.
Currently, under certain circumstances being caught carrying a concealed pistol without the appropriate qualification under state code may result in a fine between $50 to $500 with up to six months jail time or hard labor, according to Alabama Code Section 13A-11-50.
Even with the permit, there are still restrictions throughout the state.
Alabama Gun Laws Restrict Firearms in Certain Locations
Alabama gun laws, specifically Alabama Code Section 13A-11-61.2, outline specific locations where firearms may not be carried without the express permission of the location's authorities.
These are:
- Police, sheriff and highway patrol station buildings
- On or inside the premises of a prison, jail, halfway house, community corrections facility or other detention facilities
- Facilities that provide inpatient or custodial care for those with psychiatric, mental or emotional disorders
- In courthouses, courthouse annexes, buildings that house a district attorney office or buildings where a county commission or city council is having a meeting
- Inside facilities hosting professional athletic events not related to firearms, and the events are sponsored by private or public elementary, secondary or postsecondary school/institution -- with an exception for those with an Alabama permit or a permit from a state Alabama's reciprocity program recognizes
- Within facilities hosting a professional athletic event not related to firearms, again with the same exception for those with a qualifying permit
The authorities in those locations must post signs alerting the public of the firearms restrictions on the premises.
Locations where federal law prohibits firearms are also a no-go.
There are also firearms restrictions in certain locations that limit access to unauthorized persons and articles during hours of operation with security guards posted or other security measures.
Except for certain parties listed in this code, Alabama Code Section 13A-11-52 outlines that one may not carry their weapon on private property not under their control unless they either have a valid permit or the consent of the owner or legal possessor of the premises.
It is a misdemeanor offense to carry a firearm on one's person or in their vehicle while participating in or attending demonstrations (such as picketing, speeches, marching, etc.) at a public place, according to Alabama Code Section 13A-11-59.
or prohibit their employees from carrying firearms on their property while the employee is on the job, even if they have a permit, according to Alabama Code Section 13A-11-90.
To add to location considerations, reciprocity is an important matter to consider, but it's fairly straightforward in Alabama.
Alabama Concealed Carry Reciprocity
Alabama concealed carry reciprocity standards are outlined in Alabama Code Section 13A-11-85.
Under state law, anyone licensed to carry a handgun in any state is authorized to carry that handgun in Alabama. This applies only to license holders from another state while they are not residents of this state.
While nonresidents visit Alabama, they are subject to Alabama's gun laws, just as Alabamians are when they travel to any other state in the U.S. with their CCWs. Nearly 30 states recognize an Alabama concealed carry permit, but Alabamians should research the firearms laws of the state they're traveling to before crossing state lines with a firearm. A regularly updated will provide a good foundation for that.
Who is eligible to carry concealed in Alabama?
Any law-abiding person aged 19 or older who is not prohibited by state or federal law can legally carry a concealed handgun in Alabama; there is no permit requirement for statewide concealed or open carry, effective since January 1, 2023.
Is a permit required for concealed carry in Alabama?
Alabama does not require a permit for concealed carry within the state, but residents may still obtain permits to benefit from reciprocity with other states that recognize Alabama permits for interstate travel.
Where is concealed carry prohibited in Alabama?
Concealed carry is banned in specific locations such as police stations, prisons, courthouses, buildings hosting government meetings, facilities with security screenings, and certain school events; permission from the property owner or authority is required to carry in these places.
How do Alabama's concealed carry laws affect non-residents?
While Alabama recognizes valid concealed carry permits from every state, non-residents cannot obtain Alabama permits but may legally carry concealed if eligible under state and federal law, due to the constitutional carry status.
What are the benefits of obtaining an Alabama concealed carry permit?
Obtaining a permit in Alabama enables residents to legally carry concealed handguns in numerous other states that honor Alabama permits, thus facilitating legal interstate firearm transportation and compliance with other states’ regulations.
Are background checks required for concealed carry or firearm purchase?
Federal background checks are required when purchasing firearms from licensed dealers, but they are not mandated for concealed carry or for private sales; however, sheriffs still conduct background checks for permit applicants who desire one for reciprocity.
Does Alabama have concealed carry reciprocity with other states?
Alabama recognizes concealed carry permits issued by every other U.S. state, and many states have reciprocity agreements with Alabama; however, travelers must check each state’s unique laws and restrictions before carrying across state lines.
Who issues concealed carry permits in Alabama?
Concealed carry permits for Alabama residents are issued exclusively by the Sheriff’s Office in the applicant’s county of residence, with application requirements governed by both state and federal law.
Is firearms training required for concealed carry in Alabama?
Alabama does not require completion of a firearms safety course or demonstration of competency for concealed carry; nonetheless, safety training is strongly recommended for responsible gun ownership and handling.
What is the legal age to carry a concealed handgun in Alabama?
The minimum age to carry concealed in Alabama is 19 years old, unless an active-duty military member or their spouse, who may be eligible at a younger age.
Are there special restrictions for carrying firearms in vehicles?
A lawfully possessed firearm may be kept in a privately owned motor vehicle as long as it is properly concealed and locked away according to Alabama state law, including in public or private parking areas.
How did constitutional carry change Alabama’s gun laws?
Constitutional carry, effective January 1, 2023, eliminated the permit requirement for concealed carry in Alabama, drastically reducing gun law restrictions for eligible adults while still preserving the permit system for those who desire reciprocity benefits.
Can employers restrict employees from carrying concealed firearms at work?
Employers may not restrict employees from keeping lawfully possessed firearms in their own vehicles, provided compliance with state law; however, employers may inquire and take actions if laws are violated or safety risks arise.
Is concealed carry allowed on college or university campuses?
Concealed carry is permitted on college and university campuses solely when the firearm is stored inside a privately owned vehicle and complies with Alabama law; open or concealed carry outside the vehicle remains restricted on campus.
What should individuals know about transporting a concealed firearm across state lines?
Transporting a concealed firearm into another state requires strict compliance with that state’s laws, even if Alabama recognizes the permit or has constitutional carry; research is essential to avoid legal issues in other jurisdictions
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About The Author Jake Smith (@notjakesmith) is a copywriter in his final year of studying public relations and apparel at the University of Idaho. |