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View Full Version : Anyone know how Alabama enforces their firearms law Section 13A-11-74 ?



LeeC
06-15-2012, 11:26 AM
I have a permit to carry a concealed handgun that is issued by the state of Virginia. It is recognized in all the states on the way to Alabama, but not recognized in Alabama. I am planning a visit to a friend in Alabama. So what I'm trying to figure out is if I unload my handgun, and put it in a case in the back cargo section of my SUV before entering into Alabama, if I am in violation of their firearms law.

HREF (http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-11-74.htm)

Section 13A-11-74

License to carry pistol in vehicle or concealed on person --Exceptions.

...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.

Would my visit with a friend at their home be construed as being covered under the exception "from one place of abode or business to another" ? The law doesn't say "permanent abode" so is it OK to transport your unloaded, cased handgun for a visit to an abode in Alabama?

Any Alabama residents here? Comments from resident attys?

Thanks,

Lee

MandoHack
06-15-2012, 01:04 PM
Hey Lee,

First, the disclaimer - I am NOT a lawyer.

I live in Birmingham, and I thought I knew the answer but I checked with a reliable friend to be sure. My friend, who is a LEO in Shelby County said you are good to go as long as you do the following:

1. Keep your pistol unloaded
2. Wrap it up or keep it in its case (locked case preferred)
3. Do NOT place the pistol where it is readily accessible. Since you have an SUV, this would mean placing it in the back cargo area. Definitely do NOT put it in the glove compartment or console between the front seats.
4. When you unload, remember to put all your ammo in the back as well. You don't want to carry loose rounds on your person, in the glove compartment or center console.

According to my friend, you are good to go then. I have a call in to an attorney friend as well, and if I hear back from him I will post his response as well.

Again, I am not an attorney, but I feel confident about the accuracy of this information. I hope this helps. Have a great trip!

DocGKR
06-15-2012, 01:04 PM
Best bet--call the the Alabama DOJ and ask...

dbm
06-15-2012, 01:42 PM
Here's a link to the Alabama (Attorney General's Office) Gun Reciprocity Law: http://www.ago.state.al.us/Page-Gun-Reprocity-Law

Down at the bottom (Near bottom) is the answer to your question. It's the same answer provided earlier, but straight from the horses mouth (Attorney General's Office).

LeeC
06-15-2012, 02:09 PM
@MandoHack -- Thanks much for your time to validate the facts for me. Much appreciated.

@DocGKR -- I called the Alabama state police ("Dept of Public Safety") before posting here, thinking surely that those who enforce the law should be able to say HOW they enforce it. The polite lady that answered said that she understood my question but couldn't answer it and that such questions were referred to the Office of the Attorney General. She transferred me and the call went to someone's personal voicemail. I didn't leave a message.

@dbm -- Thanks! I had visited that page but didn't read all the way down. Guess it pays to read the fine print.

Thanks everyone!

Lee

98z28
06-15-2012, 05:44 PM
I was a LEO in Alabama for a little over seven years (2003 - 2011). The way it was enforced in my jurisduction, MandoHack is right on. Keep it unloaded, locked in some sort of container, and not easily accessible, and you are good to go. Unless you are a convicted felon (or have been convicted of domestic violence), then it is not a crime to posses a handgun. You just need a permit to carry it "concealed". Carrying a loaded handgun in your car within relatively easy access is considered "concealed" under Alabama law and thus requires a permit.

I worked with the state troopers quite a bit at my last gig. They enforced the law the same way.

LeeC
06-22-2012, 02:27 PM
The way it was enforced in my jurisduction, MandoHack is right on. Keep it unloaded, locked in some sort of container, and not easily accessible, and you are good to go.

I worked with the state troopers quite a bit at my last gig. They enforced the law the same way.

Roger that, thanks.