|
watching
Join Date: Jul 2004
Location: nowhere
Posts: 189
|
Re: Open Carry...
open carry is legal in alabama. affirmed by the AG in 84 or 86. and the issue of open carry is entirely in the hands of the legislature. as much as i may like some LEO's, they may be ignorant of the law and arrest you falsely for "disturbing the peace", "causing panic" or some other nonsense. the more people we can educate on this issue, the more able we are to excersise out RIGHT.
also:
The Law and Open Carry in
Alabama
“That every citizen has a right to bear arms
in defense of himself and the state”
Alabama State Constitution, Article 1 Section 26
The purpose of this document is to show that
the unconcealed carrying of a pistol is legal in
the state of Alabama.
Title 13A, Chapter 11, Section 52 (otherwise
known as 13A-11-52) of the Code of Alabama is
often cited as the prohibition of unconcealed
carry. There is no such wording in §52.
13A-11-52
Carrying a 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...
While at first reading, this may seem to prohibit
unconcealed carry of a pistol, the Alabama
courts have ruled that unconcealed carry
without a pistol permit is, in fact, legal. The key
is in the exception clause, and in the later
statute:
13A-11-73
License to carry pistol in vehicle
or concealed on person –
Required.
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.
As evidence that §52 applies only to
concealed carry of a pistol, the following
cases are offered.
2
Early in our States history, the Supreme
Court of Alabama made it quite clear that
unconcealed carry was, and must remain,
uninhibited:
The State v. Reid,
Supreme Court of Alabama, 1 Ala.
612; 1840 Ala.
But the court say that it is a matter
which will not admit of legislative
regulation, and in order to test the
correctness of its opinion, supposes
one Legislature to prohibit the
bearing arms secretly, and a
subsequent Legislature to enact a law
against bearing them openly; and then
asks the question, whether the first,
or last enactment would be
unconstitutional. Under the
provision of our constitution, we
incline to the opinion that the
Legislature cannot inhibit the
citizen from bearing arms openly,
because it authorizes him to bear
them for the purposes of defending
himself and the State, and it is
only when carried openly, that they
can be efficiently used for defense.
There are more recent court cases that further
uphold the legalities of unconcealed carry:
KJ v. State, 690 So.2d 541
(Ala.Cr.App., 1997)
... there is a conflict between the two
statues. Section 13A-11-52, like § 13A-
11-50, does not permit the carrying of
a pistol outside of a person's own
premises under any circumstances.
However, that section does begin with
the phrase 'except as otherwise
provided in this article.'
The court continues:
3
§ 13A-11-73 does not prohibit
carrying an unlicensed pistol if t
he pistol is unconcealed and t
he person is on foot ...
13A-11-52 applies only the extent
that it is consistent with § 13A-11-73
because it is the later statue and a
complete revision of the subject
matter.'
There are other cases concerning this issue:
Morris v. State, 342 So.2d 417
(1977)
However, the State failed to prove that
the arrest was lawful. In fact it was not
lawfully authorized because the
defendant, was not carrying a
concealed pistol. The State's evidence
(Tr. p. 7) shows that the pistol was in
a scabbard or holster, worn on the
side and was not covered.
We call attention to Title 14, s 175,
Recompiled Code 1958
[... author's note - the court cites the
code section here, which has been recodified
as 13A-11-73, and is identical
in wording ...]
It is to be observed that this law
prohibits carrying a pistol (concealed
or not) in any vehicle or 'concealed on
or about his person, except... without
license therefor . . ..' It does not
prohibit an unconcealed pistol.
The last case we will consider here is
straightforward:4
Looney v. State,
41 Al. App. 582 (1962)
Code 1940, T. 14, § 175, [author's note
– again, is now codified in 13A-11-73]
as amended, makes it an offense for a
person who has no license therefor
(except on his land, abode or place of
business):
1) to carry a pistol in any vehicle; or
2) to carry a pistol concealed on or
about his person.
Thus, a permit is not required
when a person afoot carries an
unconcealed pistol.
These cases comport with an Attorney General's
opinion by then Assistant Attorney General
Gallion on this statute before the 1956
amendment, which transplanted the word
'concealed' from being immediately before
'in any vehicle' to its present place in the
section. There it is said:
Quarterly Reports of Attorney
General, Vol. 79, p. 31, 35.
'... a person may carry an unconcealed
and unlicensed pistol anywhere, either
on his own property, ... on the public
highways, public property or the land
of another person without violating
either section 163, supra, or
Section 175, as amended...'
Again, Section 175 is now codified as 13A-11-73,
and section 163 is now codified as 13A-11-52.
There are also other Attorney Generals
Opinions on this matter:
5
AGO 2007-054
... Noncommissioned animal control
officers may carry a sidearm, if such
officers follow the same procedures
as any other citizen... [animal
control officers] may carry an
unlicensed and unconcealed pistol
in all places except where there are
specific restrictions regarding the
carrying of a firearm...
The specific restrictions regarding the
carrying of firearms must be codified into
law, posted or personally conveyed by a
property owner or manager. The only
specifically prohibited places can be
found in the Code of Alabama:
13A-11-59
Possession of firearms by persons
participating in, attending, etc.,
demonstrations at public places
... (b) It shall be unlawful for any
person... to have... any firearm while
participating in or attending any
demonstration being held at a public
place...
The definitions of a public place and
demonstration are clearly defined in that
section as well.
One last Attorney General's Opinion on this
matter is quite clear on unconcealed carry:
AGO 1984-205
... 2. May a person carry an
unlicensed and unconcealed pistol
anywhere, either on his own
property, on the public highways,
public property or on the land of
another person without violating
13A-11-52 or 13A-11-73? (providing
he is not riding in a vehicle.)
6
... yes, generally, however,
“anywhere” is a broad term. There
may be individual or specific
restrictions... landowners or residents
may exclude licensees or invitees who
do not comply with their rules
prohibiting firearms ...
One last point of Alabama Gun Law
worth mentioning is that the State
Legislature is the only authority that may
regulate handguns.
11-80-11
Regulation of gun shows, etc.;
(a) No county or municipal
corporation, instrumentality, or
political subdivision thereof, by
ordinance, resolution, or other
enactment, shall regulate in any
manner gun shows, the possession,
ownership, transport, carrying, transfer,
sale, purchase, licensing, registration or
use of firearms, ammunition, components
of firearms, firearms dealers, or dealers in
firearm components.
11-45-1.1
Subject matter of handguns reserved
to State Legislature;
No incorporated municipality shall have
the power to enact any ordinance, rule, or
regulation which shall tax, restrict, prevent,
or in any way affect the possession or
ownership of handguns by t he citizens of
this state. The entire subject matter of
handguns is reserved to the State
Legislature.
In closing, bear in mind that these facts are
the opinions of the State Legislature,
Alabama Courts and Attorneys General,
making them easily verifiable.
Last edited by i'el abshira; 06-26-2008 at 11:19 AM.
Reason: more info
|
Old Iron Collector
