Kara Sears
Alabama's permitless carry law, also known as constitutional carry, allows eligible individuals to carry a concealed firearm without a permit. This law came into effect on January 1, 2023, and applies to anyone over the age of 18 who has not been convicted of a violent crime, has not been adjudicated as mentally deficient, and meets other requirements. While this change removes the need for a permit, it does not alter who is legally permitted to possess and carry firearms. The law still imposes restrictions on carrying firearms in certain locations, such as courthouses, police stations, and prisons. Additionally, private property owners can prohibit concealed weapons on their premises. Alabama residents who wish to travel to other states with their firearms are advised to check the gun laws of their destination, as most states without permitless carry laws recognize Alabama-issued permits.
| Characteristics | Values |
|---|---|
| Age requirement | 19 years or older (18 years old for active, retired or honorably discharged veterans or law enforcement officers) |
| Other requirements | Not prohibited by state or federal law, no requirement for a background check or safety training |
| Permit requirement | No permit required to carry a concealed handgun on one's person or in a vehicle |
| Restrictions | Cannot carry a concealed weapon on private property without the owner's consent, cannot carry in police stations, courthouses, prisons, jails, psychiatric facilities, schools, athletic events, or other places prohibited by federal or state law |
| Out-of-state permits | Alabama honors out-of-state concealed carry permits, Alabama-issued permits are recognized in several other states |
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What You'll Learn
Alabama's permitless carry law
The permitless carry law applies to individuals aged 19 or older who are legally entitled to own a firearm and are not prohibited from possessing one. This includes individuals who have not been convicted of a violent crime, adjudicated as mentally deficient, or found to be of "unsound mind" by authorities.
While the law removes the requirement for a permit, there are still restrictions on where firearms can be carried. Firearms are prohibited in certain places, including courthouses, police stations, prisons, jails, athletic events, and other locations specified by federal or state law. Additionally, private property owners can ban concealed weapons in their buildings, and employers may restrict employees from carrying firearms in the workplace.
It's important to note that even without a permit, individuals must follow specific rules when carrying a handgun. For example, they must disclose that they are carrying a concealed firearm to law enforcement officers upon questioning. If an individual is pulled over in a vehicle, they must inform the officer of any loaded handguns in the vehicle and are prohibited from touching the handgun without permission.
Although Alabama does not mandate a firearms safety course before issuing a pistol permit, the USCCA recommends that individuals obtain adequate training to responsibly exercise their right to carry a concealed firearm.
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Who can carry a gun in Alabama
Alabama is a constitutional carry state, meaning that most residents over the age of 19 can carry a handgun in the state without a permit, background check, or safety training. Alabama residents who are retired or honorably discharged military veterans (not prohibited from carrying under state or federal law) qualify for the issuance of a lifetime permit at no charge. Active-duty military personnel stationed in Alabama who are 18 or older can also obtain a pistol permit. Alabama also issues permits to the spouses of military personnel.
Alabama honors all out-of-state concealed carry permits, and any non-resident with a concealed carry permit in another US state can carry their firearm in Alabama, subject to Alabama gun laws. However, Alabama does not issue carry conceal permits to out-of-state residents.
There are several stipulations to Alabama's gun laws. For example, one cannot carry a concealed weapon on private property without the consent of the property owner. Additionally, there are certain places where guns cannot be carried without express permission, including police stations, prisons, courthouses, and psychiatric facilities. Schools are also off-limits for carrying firearms.
Alabama is a "stand your ground" state, meaning that, provided an individual is in a place where they have a right to be and is not engaged in an unlawful activity, they are allowed to use force, including deadly force, and do not have a duty to retreat.
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Where you can carry a gun in Alabama
Alabama is a constitutional carry state, meaning that most residents over the age of 19 can carry a handgun in public without a permit, background check, or safety training. Active-duty military personnel and their spouses, as well as retired or honorably discharged veterans, are eligible for a free lifetime carry permit from the age of 18. Alabama honors out-of-state concealed carry permits, and non-residents with a valid permit from another state can carry a firearm in Alabama, subject to local gun laws.
While Alabama's gun laws are relatively relaxed, there are still several places where carrying a firearm is prohibited. These include:
- Police stations
- Prisons, jails, halfway houses, community corrections facilities, and other detention facilities
- Facilities that provide inpatient or custodial care for those with psychiatric, mental, or emotional disorders
- Courthouses, courthouse annexes, buildings containing a district attorney's office, or buildings where a county commission or city council is meeting
In addition, individuals cannot carry a concealed weapon on private property without the consent of the property owner or legal possessor. On college campuses, firearms must be stored inside the owner's vehicle and in compliance with Alabama laws.
While a permit is not required to carry a firearm in Alabama, there are still rules that gun owners must follow. For example, individuals in possession of a firearm must disclose this information to a law enforcement officer if questioned. If pulled over in a vehicle, the driver and passengers must disclose whether there are any loaded handguns in the vehicle, and they cannot touch the handgun without officer permission.
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Gun laws in other states
Gun laws in the United States vary considerably between states and are independent of federal firearms laws. While forty-four states have a provision in their state constitutions that protects the right to keep and bear arms, some states, like California, Maryland, Minnesota, New Jersey, and New York, do not.
Some states, like Alabama, are permitless or constitutional carry states, meaning individuals who are not prohibited from possessing a handgun can open or conceal carry without a permit in unrestricted public areas. In Alabama, individuals must disclose that they are in possession of a concealed firearm or pistol if questioned by a law enforcement officer. Additionally, individuals cannot carry a concealed weapon on private property without the consent of the property owner.
Other states, like Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, New Jersey, New York (handguns only), and Oregon, require all firearms buyers to be fingerprinted. Some states require a background check of the buyer when a firearm is sold by a private party, and federal law mandates background checks for sales by licensed gun dealers and any interstate sales.
Certain states have enacted stand-your-ground laws, which allow individuals to use deadly force in self-defense without a duty to flee or retreat if possible. Conversely, some states, like Alabama, do not have stand-your-ground laws, meaning individuals must retreat if possible.
Overall, the gun laws in US states differ significantly, with some states having more restrictive firearms laws than others. It is essential to be aware of and comply with the specific gun laws in each state.
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Alabama's 'stand your ground' law
Alabama's Stand Your Ground law is a self-defence law that allows individuals to use force, including deadly force, to protect themselves or others from harm without first attempting to retreat. The law provides legal protection to individuals who use force in self-defence, including immunity from prosecution and civil lawsuits.
The Stand Your Ground law changed how self-defence cases are handled in Alabama's criminal justice system. It eliminates the duty to retreat and gives clear guidelines on when the use of force is justified. For example, a person is justified in using deadly physical force when they are in any place where they have the right to be, and they are not engaged in an unlawful activity.
However, there are important restrictions to the law. A person is not justified in using physical force if they provoked the use of unlawful physical force by another person or were the initial aggressor. Additionally, protection is unavailable to those committing a crime when the confrontation happens. The location requirement is also strict; if someone is in a place where they are not supposed to be, they cannot claim Stand Your Ground.
Alabama's Stand Your Ground law must be distinguished from its permitless or constitutional carry laws. Alabama is a constitutional carry state, meaning that individuals who are not prohibited from possessing a handgun can open or conceal carry without a permit in unrestricted public areas. However, there are still rules that apply when carrying a handgun. For example, a person must disclose that they are in possession of a concealed firearm or pistol upon being questioned by a law enforcement officer.
Alabama residents who are retired or honorably discharged military veterans qualify for a free lifetime carry permit. Lifetime carry permits can also be issued to those not prohibited from carrying under state or federal law for a charge of $300 for people aged 19-59 and $150 for those aged 60 and above.
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Frequently asked questions
Yes, Alabama passed a permitless carry law on January 1, 2023, allowing individuals to carry a concealed firearm without a permit.
Anyone over the age of 19 (or 18 for veterans or law enforcement officers) who is legally entitled to own a gun and is not prohibited by state or federal law can carry a concealed firearm in Alabama.
Yes, there are several places where carrying a firearm is prohibited, including courthouses, police stations, prisons, jails, psychiatric facilities, schools, athletic events, and private property without the owner's consent.
No, Alabama is a permitless carry state, meaning you can carry a concealed firearm without a permit if you meet the eligibility requirements. However, you may still obtain a permit if you plan to travel to other states with different gun laws.
To obtain a pistol permit in Alabama, you must be 19 years of age or older and not be prohibited by state or federal law from possessing a firearm. Alabama residents who are retired or honorably discharged military veterans can obtain a lifetime permit at no charge.
