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.’ â€??
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.â€??
†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, “anywhereâ€?? 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 . . .â€??
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 dispatchersâ€???e.g., “There’s a man with a gun!â€??â€???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* 
Related posts
