Alabama Gun Laws / Motorcyclist               

ALABAMA CONCEALED CARRY / Carrying a Concealed Weapon (CCW) Title 13A [Source]
Motorcyclist since August 2001, the State of Alabama had the legislative authority to recognize reciprocal concealed weapons permits with other states, due to the passage of Act 2001-494 (Senate Bill 122) [Source] that was signed by the Governor on May 15, 2001. This law allows Alabama concealed weapon permit holders to take their weapons into states which recognize Alabama licenses. It also permits residents of other states to bring their weapons into Alabama as long as the state issuing the license recognizes Alabama's gun licensing law. In Alabama the Office of the Attorney General is the states concealed carry authority.

Background checks on concealed carry permits are referred to the Sheriff's Department  who is now mandated to use the National Criminal Background check System. The application process now offers the right to choose permit validity from 1-5 years.  At the present time, Act 2001-494 (Senate Bill 122) [Source] doesn't specifically address the issue of Alabama's recognition of a non-resident handgun license issued by a state with which Alabama has reciprocal recognition of concealed handgun licenses. Nor is there a formal Attorney General's Opinion, or Alabama case law on this subject.

Motorcyclist a SHALL-ISSUE jurisdiction is one that mandates a permit to carry a concealed handgun. The granting of such permits is subject to meeting determinate criteria as per the law. Basically a granting authority has no discretion in awarding permits and there isn't any requirement of the applicant to demonstrate "good cause" for the request. Alabama became a SHALL-ISSUE jurisdiction July 23rd, 2013 (see below)

ALABAMA PERMIT HONORED IN THE FOLLOWING STATES:
Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Hampshire, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wyoming

ALABAMA HONORS PERMIT FROM THE FOLLOWING STATES:
Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming. 
NOTE: As of August 1, 2013 Alabama accepts all other States Permits.

ALABAMA RESIDENT PERMITS HONORED IN
Colorado, Florida, Michigan, New Hampshire

 

 

 

ALABAMA STAND YOUR GROUND LAW (Yes) Sec 13A-3-23 [Source]
Motorcyclist the State of Alabama allows for the use of justifiable force including deadly force in self defense or in defense of another or in the protection of your home, vehicle and or in the case of protecting a licensed nuclear power facility.  Always check self defense law specifics in states that have them.  Stand your Ground Laws typically remove the duty to retreat through judicial interpretation of that states self defense laws when defending yourself against imminent threats prior to the use of deadly force.  The Castle Doctrine or Habitation Defense Laws apply only to home or other real property.  Then there are the Duty to Retreat Laws that are in several states.  This simply means if you can escape harm or death use of deadly force is not allowed unless you are facing serious harm, cornered or held down.

Colorado, Florida, Michigan, New Hampshire

Read more: Alabama Gun Law Changes Go Into Effect Today – Aug 1, 2013 http://www.usacarry.com/alabama-gun-law-changes/
Colorado, Florida, Michigan, New Hampshire

Read more: Alabama Gun Law Changes Go Into Effect Today – Aug 1, 2013 http://www.usacarry.com/alabama-gun-law-changes/

"OPT-OUT" STAUTES ("Gun-Free Zones")
Motorcyclist passing through Arizona, Arkansas, Connecticut, Illinois, Kansas, Louisiana, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and Wisconsin must be aware these are considered “OPT OUT” States. The law is these states allow businesses to post a sign, (signage that meets state law) prohibiting concealed carry on said premises. Business owners also have a verbal right to alert you to their wishes while in their place of business.  Obviously you may be subject to varying levels of criminal prosecution depending on individual state laws if you choose to violate the said request.

NATIONAL PARK CARRY NPS Organic Act [Source]
Motorcyclist traveling through National Parks should know that on May 22, 2009, President Barack Obama signed H.R. 627 [Source], the "Credit Card Accountability Responsibility and Disclosure Act of 2009," into law. The bill contained an amendment introduced by Senator Tom Coburn (R-OK) that prohibits the Secretary of the Interior from enacting or enforcing any regulations that restrict possession of firearms in National Parks or Wildlife Refuges, as long as the person complies with laws of the state in which the unit is found.  This provision was supported by the National Rifle Association and opposed by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association, and the Coalition of National Park Service Retirees, among other organizations.  As of February 2010 concealed handguns are for the first time legal in all but 3 of the nation's 391 national parks and wildlife refuges so long as all applicable federal, state, and local regulations are adhered to.  Hawaii is a notable exception. Concealed and open carry are both legal in Hawaii unless you are a retired military or law enforcement. Previously firearms were allowed into parks non-concealed and unloaded.

Motorcyclist can travel through any national park with possession of a firearm as long as the possession is compliant with the laws of the State in which the national park area is located. Keep in mind Federal Statute 18 USC 930 [Source] prohibits firearms or other dangerous weapons within a Federal facility. In national parks, such facilities may include visitor centers, administrative offices, and/or maintenance buildings. Any such facilities will be clearly marked with signs at all public entrances. For more information about national parks, and park-specific regulations, visit http://www.nps.gov/findapark/index.htm and search by park name, location (state), activity, or topic.

PENALTIES FOR CARRYING ILLEGALLY Title 18 §921 Chap 44 [Source]
Motorcyclist it is important for license holders to understand that when you are traveling in or through another state, the license holder is subject to the firearm laws of the state. In the United States no convicted felon may purchase, transfer, or otherwise be in the possession of any firearm.  The illegal concealing a handgun is a felony in many states therefore conviction of such a crime would automatically result in the forfeiture of a citizen's gun rights for life nationwide.  Additional state penalties for non-legal carry of a concealed firearm can be severe with punishments including expensive fines, extended jail time, loss of voting rights, and even passport cancelation.  A federal penalty of ten years in prison has been enacted for those found to be in possession of either firearms or ammunition while subject to a protection or restraining order.

 

 

 

ALABAMA MOTORCYCLE GUN TRANSPORTATION
Alabama law prohibits any person from carrying a pistol in any motorcycle / vehicle or concealed on or about their person without a pistol permit license. Ala. Code § 13A-11-73 (1975) [Source]. Under Alabama law, a "pistol" is defined as "any firearm with a barrel less than 12 inches in length." Licenses to carry a pistol are issued by local county sheriffs in Alabama. That person must be a resident of that county to apply for and be issued a pistol permit license.

The State of Alabama now recognizes pistol licenses or permits to carry concealed weapons issued by all other states. It is now legal for Alabama pistol permit holders to store thier firearm in tier vehicle while at work. Also, a person may carry or transport a long gun (rifle or shotgun) without a permit. A person may legally transport a firearm, including a handgun, from one state in which they are legal to possess to another state without a permit as required under Alabama law, provided the following conditions are met:

  • The firearm is unloaded.
  • Neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle.
  • In case of a vehicle without a compartment separate from the driver's compartment, the firearm and ammunition shall be in a locked container other than the glove box or console.

Under Alabama law, no person convicted in this state or elsewhere of a "crime of violence" may own or possess a pistol. Ala. Code § 13A-11-72 (1975) [Source]. Crimes of violence are defined as murder, manslaughter, rape, assault, robbery, burglary, kidnapping, and larceny. No person addicted to drugs or habitually intoxicated may own or possess a pistol. Ala. Code § 13A-11-72 (1975) [Source].  Any person in violation of Alabama's pistol laws may be arrested and upon conviction, subjected to a term of imprisonment of not more than one year and a fine of not more than $500, or both. The pistol will be seized and may be forfeited by court order.

INTERSTATE TRANSPORTATION OF FIREARMS Title 18 U.S.C. section 926A [Source]
Motorcyclist traveling from state to state should be know that not withstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment, saddlebag, front or side pouch of such transporting motorcycle / vehicle: Provided that in the case of a motorcycle / vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the compartments previously stated. 18 USC § 926C - Carrying of concealed firearms by qualified retired law enforcement officers [Source]

TRIBAL LAW  National Indian Law Library (Review Tribal Codes) [Source]
Native American reservations can have gun laws identical to or more restrictive than state law. Some tribal governments may not recognize state law on the concealed carrying of firearms without a permit while on Tribal Land. Tribes typically recognize federal law, including the "safe passage" provision of the Federal Firearm Owners Protection Act (FOPA). FOPA provides that, notwithstanding any state, tribal, or local law, and while making a continuous journey, a person who isn't a prohibited possessor is entitled to transport a firearm or ammunition for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm or ammunition if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting motorcycle or vehicle. In motorcycles or vehicles without a saddlebag or trunk, the unloaded firearm or ammunition must be in a locked container other than an accessible pouch, glove compartment or console.  Recent U.S. Court of Appellate rulings have confirmed that FOPA`s protections only apply to unloaded firearms not readily accessible to the traveler, and many tribal governments have strict laws with respect to firearms being carried or transported on tribal lands. For example, in the event of a vehicle stop, the local Tribal Nation Police will seize any loaded firearm found to be accessible to the driver or passenger.  Confiscated firearms are not returnable unless the owner can establish proof of ownership of the firearm and ammunition by presenting a bill of sale or other evidence at the police station at a later date.

 

 

 

(AL) RECIPROSITY INFO
Motorcyclist, due to the time to time change in Gun Reciprocity Law from state to state and in certain states down to a municipal level always contact the State Attorney General or State Agency with the charge of Concealed Carry, Constitutional Carry or Open Carry Laws for the most up to date information.  Please note many sites post Reciprocity Information that is not current.  Protect yourself during your travels by acquiring the most current information and know the LAW!  Alabama Reciprocity Laws [Source]

ALABAMA STATE ATTORNEY GENERAL
Mailing Address:
Office of the Attorney General
P.O. Box 300152
Montgomery, AL 36130-0152
Physical Address:
Office of the Attorney General
501 Washington Avenue
Montgomery, AL 36104
Office Main Number: 334-242-7300
Alabama AG

Many jurisdictions have established arrangements where they recognize or honor permits or licenses issued by other jurisdictions with comparable standards, for instance in regard to marriage or driver's licenses. This is known as Reciprocity and is based on U.S. Constitution "full faith and credit" provision Article 4 Sec1 [Source]. Due to the nature of gun politics reciprocity in regard to weapons carry permits or licenses has been controversial and is a state of constant flux.

STATES THAT HAVE A SHALL ISSUE TO RESIDENTS ONLY LAW:
Alabama, Alaska, Arkansas, Colorado, Georgia, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oklahoma, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, Wyoming
STATES THAT HAVE A SHALL ISSUE TO RESIDENTS AND NON-RESIDENTS LAW:
Arizona, Florida, Idaho, Illinois, Indiana, Iowa, Maine, Minnesota, Nevada, New Hampshire, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington
STATES THAT HAVE A MAY ISSUE TO RESIDENTS ONLY LAW: 
California, Delaware, Hawaii, New York City
STATES THAT HAVE A MAY ISSUE TO RESIDENTS AND NON- RESIDENTS LAW:
Connecticut, Maryland, Massachusetts, New Jersey, New York
NOTE: Concealed Carry Right Denied in (DC) District of Columbia

ALABAMA DEPARTMENT OF PUBLIC SAFETY
301 South Ripley Street
Montgomery, AL 36104
General Phone Numbers
State Police 334-242-4371
Highway Cell Phone Help *47
Alabama DPS

BIKERZWORLD.COM offers State of Alabama Gun Laws to inform Motorcyclists traveling in state, cross state and internationally through Alabama Gun Laws that have the best chance of being enforced by State and Local Authorities such as Alabama Concealed Carry Law and Alabama Motorcycle Gun Transportation Law.  The above information shouldn't be construed as a complete list of all the State of Alabama Gun Laws as they are reviewed annually and are subject to addition or modification.  If you have been charged with the illegal possession of a gun, or have been accused of a firearms-related crime in this state seek advice from an Alabama Criminal Defense Attorney specializing in Alabama Gun Laws and Alabama Motorcyclist Rights.