cejacobs7984
New member
Can you open carry in Alabama without a permit?
Open Carry in Alabama
- Thread starter cejacobs7984
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Dmcdowell991
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Not sure bout Alabama but Mississippi u can if your a resident
BluesStringer
Les Brers
Yes. The pistol permit system only addresses concealed carry. There is no law making open carry illegal, and a plethora of state constitutional support and Supreme Court precedent stating unequivocally that open carry is legal exists and is easily obtainable. This is just a for-instance; there are several more such rulings:
Alabama Supreme Court Decision in State v Reid, ALSC, 1 Ala. 612; 1840 Ala.
Under the provision of our constitution, we incline to the opinion that the [State] Legislature cannot inhibit the citizen from bearing arms openly, because it [state constitution] 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.
A more recent case, 1962, says:
Looney v State, 41 Ala. App. 582, 141 So.2d 535, 536 1962
Code 1940, T. 14, § 175, as amended [now §13A-11-73], 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.
There are other precedents later than that one too, as well as at least two State Attorneys General opinions between '84 and '07 stating unequivocally that open carry of a firearm while on foot is 100% legal. You should look up the codes referenced in the rulings above. You will find that OC presents the most difficulty in complying with when you're in a car and if you don't have a concealed pistol permit. But while on foot, you are 100% protected by both the law and the courts, but that doesn't mean that you're necessarily 100% protected from tyrant cops who either don't know or don't care what the law says. Be sure you research the law if you're going to OC while afoot, and what restrictions for place and manner there are in it. I highly recommend carrying at least a voice recorder with you, and preferably a video recorder, to document any encounters you have with cops. Announce that you are recording, but make sure it's a "set-it-and-forget-it" kind of recorder so that from that point on you're not fidgeting with it or being distracted by it during the encounter.
The above cites were obtained from the Alabama Open Carry forum. The thread goes into much more detail than I've copied and pasted in here. It's in the "Laws & Legislation" sub-forum, and the thread is a Sticky entitled "Proof That Open Carry Is Legal."
Hope that helps.
Blues
ETA: Act 2013-283 that went into effect in August of last year revised, repealed or added to the firearms laws in Alabama. A thread devoted to helping people understand them is in the same sub-forum at ALOC, and can be viewed here.
Simple answer: Yes. You need a permit/license to carry concealed or to carry while a vehicle (open or concealed).
Furthermore, all other states permits are valid in AL, although you still need to follow AL law.
More: http://www.ago.state.al.us/Page-Alabama-Weapon-Law
Even though it is completely off-topic since the OP asked about Alabama and not Mississippi, but there is no law requiring you to be a resident of Mississippi to open carry in Mississippi. I just can't let misinformation go unnoticed. You only have to be a resident to obtain the MS License to Carry a Concealed Pistol or Revolver; not to open carry.
Mississippi Code:
§ 97-37-1
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§ 45-9-101
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