I am an Alabama resident who recently renewed his pistol license with the Sheriff’s Office downtown. During renewal, the clerk advised me that unconcealed pistol carry was not permitted in Alabama. This information is inaccurate, and I feel compelled to address the issue. I aim to clear up the legality of unconcealed pistol carry as well as inquire as to how Law Enforcement will handle encounters with law-abiding citizens who carry their pistols in an unconcealed manner.
Numerous Alabama courts have ruled on the matter of unconcealed carry, and have always upheld this right.
In The State v. Reid, 1 Ala. 612; 1840 Ala.:
“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 defence.”
In K.J v. State, 690 So. 2d 541; 1997 Ala. Crim. App.:
“[T]here is a conflict between the two statutes. 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:
“Section 13A-11-73 does not prohibit carrying an unlicensed pistol if the pistol is unconcealed and the person is on foot. ( . . . ) Ala. Code § 13A-11-52 applies only the extent that it is consistent with Ala. Code § 13A-11-73 because it is the later statute and a complete revision of the subject matter.”
Another relevant case is Morris v. State, 342 So. 2d 417; 1977 Ala. Crim. App.:
“The State’s evidence . . . shows that the pistol was in a scabbard or holster, worn on the side and was not covered. We call attention to Title 14, § 175, Recompiled Code 1958,† which reads:
‘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.’
“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 a license therefor . . [**4] . .’ It does not prohibit an unconcealed pistol.”
† Note that the section cited in the above case has since been re-codified as § 13A-11-73, and is identical in wording.
In case there still remains any doubt as to the legality of unconcealed carry, Looney v. State (41 Ala. App. 582; 141 So. 2d 535; 1962 Ala. App.) puts the matter to rest succinctly:
“Code 1940, T. 14, § 175, ‡ 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.”
‡Again, note that the section cited in the above case has since been re-codified as § 13A-11-73, and is identical in wording.
Now that I am confident you have been duly informed as to the legality of unconcealed carry of firearms in public, it would be prudent to address the issue of unconcealed carry on private premises. The first relevant section of the Code of Alabama on the issue is § 13A-11-52:
“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 . . .”
At first reading, it appears § 13A-11-52 prohibits unconcealed carry in private establishments. However, note the boldface “[e]xcept as otherwise provided in this article.” The Code of Alabama does “provide otherwise,” in § 13A-11-73:
“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.”
A person having been issued a pistol license is not subject to § 13A-11-52 unless the owner of the premises informs said person that firearms are not permitted at the premises. In an opinion (AGO 1984-205) regarding unconcealed carry, the Attorney General concurred with this interpretation of the law:
“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.)
( . . . ) [Y]es, 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 . . .”
Furthermore, should any county or municipality wish to prohibit unconcealed carry, such an ordinance would run afoul of Code of Alabama § 11-80-11:
“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.”
As you are now aware as to the legality of unconcealed carry, I would like to know how your departments will handle encounters with law-abiding citizens carrying their pistols unconcealed. How will calls to your dispatchers—e.g., “There’s a man with a gun!”—be handled? Will your deputies be educated as to the legality of unconcealed carry?
Thank you for taking the time to address this important public safety issue.
Yours sincerely,
Bull* 
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Tags: 2nd Amendment · Alabama · concealed carry · Constitution · firearms · gun rights · law enforcement · Legislature · open carry · pistol · RTKBA3 Comments
3 responses so far ↓
Thank you for the time and effort spent in writing this letter, when our Constitution was written, it clearly stated our 2nd Amendment Rights, when President John F. Kennedy was murdered, for warning all Americans, that there was a plot here in America, by Secret Societies to enslave every man, woman and child in America and that before he leaves this high and noble office he was going to expose it. He also stated when our Government made mistakes that he wanted and welcomed opposition, that it was needed. If you haven’t already, please hear his speech. Our Forefathers, saw that we needed our 2nd Amendment Rights, also to protect us from our Government, which is controlled by the “Privately Owned” Federal Reserve Board, Banking Industry, that according to the Constitution shouldn’t even exist, a combination of ruthless people such as Skull and Bones, Freemasonry, we were warned of this evil, and they have done away with Posse Comitatus which protected us from, Military Policing our streets over Americans, they are planning to Declare Martial Law in America, creating chaos, Obama wanting a National Civilian Force,just as strong just as well funded, to turn Military and Civilians against one another and bringing Foreign Military in, to go against all of us, because they know that lots of our troops will not turn on us, and Foreign Troops will have no problem doing this. The very same people own the Media and control what America hears and sees, they control the elections, until we do away with the Federal Reserve Board, we will never have another U.S. President working for us, Americas last President was JFK. They are opening the Borders of Mexico and Canada to form the North American Union, and have been creating problems between races for many years to turn us against one another, don’t fall for it, Unite, our fight is not, and should not be between Blacks and Whites, it should be against who is running the World, the Elite, Bilderberg Group the Trilateral Commission, Committee on Foreign Relations the CIA. The Federal Reserve finances both sides of the wars that they start, and control who wins and who loses, start doing the research and learning why we must never give up any more of the Rights that the Evil Politicians are taking away daily, America, we are in serious trouble, and we better wake up see it now, and Revolt, while we still can. Learn what is printed on the back of the Dollar Bill and Learn, that when they say In God We Trust on that money that they are not referring to our God. Many people know of whats going on already, if you are concerned about any of your rights and freedoms you need to learn more about what is going on and alert others and prepare yourself to take America back, and make sure we get it right this time. We don’t need or should ever accept any other forces, other than our well funded American Military to keep us strong, and stop letting these people go into these other Countries, and Nations for Oil and Drugs to benefit themselves, this is doing nothing to help these other people nor us, hear Adam Kokesh speech, Please wake every American up and Revolt Now. They are planning Biological, Chemical and Nuclear war on America, research this and wake up, our enemy is not each other Red, Yellow, Black or White its who is controlling us. Obama Earmarked 80,000 Troops returning from Iraq for Chaos in America, what Chaos are they going to create. Please don’t fall for anymore of their tricks as we have with past wars and problems in America and all around the world. Our problem is who is controlling America and we better see it, and do something about it before we face a Holocaust here in America. We will have to fight just to survive. They are putting Micro-Chips in Passports now, our Drivers License next then you don’t even allow it in your Drivers License Refuse it, its time to Resist America.
I have a different view today, when I’m lied to to keep me from doing what they, do not want me to do, and also lied to to get me to do what they, do want me to do. I don’t take to kindly, to having my rights trampled all over by any form of government, be it City, County, State or Federal. Our Constitution is being torn apart daily. Our money stolen and wars started to control its people for money and power, demoralization of a country, google it and see whats going on, using things that interest us for distraction to keep your eyes off of them.
I would like to know how you can call local police about drug dealers buying and selling drugs in your neighborhood, nothing is done about it, police and Mayor ignore it, why do you suppose they would ignore it? Loud music all hours of the night, nothing done, loud exhaust on automobiles, all of this in a residential neighborhood in Alabama somewhere between Stapleton and Stockton , with City Ordinances in place that prohibit this, you can not get anything done, no peace, why would Officials not want to correct these situations, for their citizen’s? Maybe this is just part of the demoralization of a country, being forced down our throats. I wonder why Authorities would continue to just turn their backs to its citizens on these issues and just write the hell out of tickets in a City, but never see them do anything on drug problems or any thing on demoralizing our youth and then they wonder why they turn into criminals. We need to make sure we stand up for every right we have and uphold our Constitution, because the greed of money and power, and demoralization of our country, as was done in Russia, is destroying, what could have been a Great Nation ! It starts at home, then our Cities, and so forth, clean them up, and get the people not standing up to their Oaths they took, the hell out of Office, they like any other going against the Constitution should be tried and prosecuted for treason ! Protect and Defend All Of Your Rights, A Right Not Exercised is a Right Lost ! We will definitely need our 2nd Amendment Rights in “Amerika” !
Did you hear that a man in Ball, LA. was pulled over for having a Don’t Tread On Me bumper sticker on his automobile, detained for 30 minutes and accused of being an Extremists ! Thanks to the Department Of Homeland Security, Stick to you 2nd Amendment and protect yourself !