ASK US: What does the law say about carrying unconcealed weapons?(AL)

blog.al.com ^ | 3 June, 2012 | Chris Welch

[marktwain]

Q: What are the state and local laws regarding open carry of weapons?

A concealed carry permit is required to carry a concealed handgun on your person or GUNS.JPGThe Birmingham News/ File PhotoPistols on display at a gun shop in Birmingham

a loaded handgun in your vehicle. What are the laws regarding having a holstered handgun visible in public? Let's assume we are all smart enough to know that you can't openly carry a loaded gun into the courthouse, a bank, or a school. If open carry is legal, what venues are exempt?

A: Brent Patterson, investigator with the Madison County Sheriff's Office, said a permit is not required to carry a pistol when a person is "afoot" and the pistol is being carried in an unconcealed manner. Patterson added that it's assumed this person is not a drug addict, a habitual drunkard or has not been convicted of a crime of violence.

"A permit is not required when a person afoot carries an unconcealed pistol," Patterson said, referring to the court case, Looney vs. State, 41 Ala. App. 583.

Patterson said a person may carry an unlicensed and unconcealed pistol anywhere, either on his own property, on the public highways, on public property or on the land of another person.

"However, 'anywhere' is a broad term," Patterson said. "There may be individual or specific restrictions. For example -- airline passenger planes, etc., sports stadiums, landowners or residents may exclude licenses or invitees who do not comply with their rules prohibiting firearms."

Patterson said Title 14, 175, Code of Alabama 1940, 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.

He said Section 175 applies to carrying an unlicensed pistol concealed on the person or in a vehicle.

Patterson said that based on the Looney court case:

1. A person afoot carrying an unconcealed pistol needs no license or permit.

2. A license is required to carry a pistol in a vehicle.

3. A license is required to carry a concealed pistol on or about the person.

4. It is an offense for a person who has no license -- except on his land, abode or place of business -- to carry a pistol in any vehicle or carry a pistol concealed on or about his person.

[marktwain]

Alabama may reform their law to allow open carry in a vehicle. Are people who do not have a permit supposed to walk every where, even to take their pistol to a gunsmith or range?

[saleman]

I believe that if you have your weapon in the trunk of your car unloaded then it’s o.k.

But, I could be wrong. I don’t carry a pistol anymore ‘cause the regulations continually shift and are intentionally vague i.e. the law says what the cop that arrests you says it says.

Anyway, a shotgun or my favorite AR-15 is my weapon of choice these days