LEGAL EASE
by Shane Givens and Summer McWhorter

Feb. 14, 2013

Carrying a concealed weapon


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With so much discussion about guns in the news these days, I decided it would be a good idea to review Alabama's requirements for carrying concealed weapons.

How can a person get a concealed handgun license, often referred to as a pistol permit? Your first stop should be the Cherokee County Sheriff's Office. Concealed handgun licenses in Alabama are issued to residents by the sheriff of their county of residence. There is usually an application that must be completed and a fee that must be paid. Periodically, you must renew this license at the sheriff's office.

The Code of Alabama lays out the requirements for carrying a pistol in a vehicle or on your own person. In § 13A-11-73 of the Code of Alabama it states:

“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 therefore as hereinafter provided.”

This basically means that you need a license to carry a pistol around with you or to carry it in your vehicle, but you do not have to have a license to have a pistol in your own home.

Who cannot possess a pistol? State law also spells out those that are forbidden from possessing, or exercising control over, a pistol. No person who has been convicted of “committing or attempting to commit a crime of violence” can own or have in their “possession or under his or her control” a pistol. Also, the Code specifies that no drug addicts or habitual drunkards may possess, or have control over, a pistol.

What about having a pistol on the premises of a public school? According to state law, no person may “knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.” If someone violates this provision, they can be charged with a Class C Felony. For someone with no prior felonies, if convicted of this crime, the punishment can include a term of not less than one year and one day and not more than 10 years imprisonment in the state penitentiary, and may include a fine not to exceed $15,000 for someone with no prior felonies.

Can you carry a gun across the state line with a permit? In 2001, a new gun reciprocity law was signed into law. It allows residents of Alabama with concealed weapon permits to take their weapon into states that recognize Alabama licenses. Alabama residents must still follow the laws of the state they are visiting. Not all states recognize Alabama concealed carry licenses, so just to be on the safe side you should check on individual states before you take your weapon into another jurisdiction.

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This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net.