Constitutional Carry in Alabama in 2023
BY Herschel Smith
1 year, 11 months ago
Alabama on Jan. 1 will become the latest state to allow people to carry a concealed handgun without a state permit that requires a background check.
The new state law ends the requirement for a person to get a permit to legally carry a concealed handgun in public. A person can still choose to get a permit if they want to do so.
The proposal had been introduced unsuccessfully for years in Montgomery, before winning approval this year. The legislation was championed by gun rights advocates who call it “constitutional carry,” in reference to the Second Amendment right to keep and bear arms. Opponents, including state sheriffs and others in law enforcement, argued the permits help combat crime and enhance public safety.
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The Alabama Sheriffs Association had opposed the legislation. “Alabama sheriffs are clear on the law taking effect Jan. 1 and have adjusted accordingly,” said Lee County Sheriff Jay Jones, president of the Alabama Sheriffs’ Association
Jones and Stringer said there are still reasons a person might consider getting a permit. Jones said, “maintaining an Alabama concealed carry permit is wise when traveling out of state; reciprocity applies — other states may require non-residents to have a permit from their state of residence.”
Boss Hogg won’t be happy with the loss of control or the loss of revenue from the permitting scheme. But there is this dark language in the law.
Lawmakers included language in the new law reiterating an officer’s ability to temporarily take a handgun during a traffic stop or other investigation. An officer with a reasonable suspicion that a person was about to engage in criminal conduct can temporarily take a handgun and run it through databases to see if the gun was stolen.
An officer could also temporarily take a weapon if it is necessary for the safety of the officer or others. The weapon must be returned unless there is an arrest, or the person is posing a safety threat.
If I’m not mistaken, South Carolina also had to include that language to get open carry passed (constitutional carry still awaits further legislative action).
We’ve discussed this before. It’s the height of stupidity to touch another man’s weapon. Don’t do it. Just don’t.
There is the risk of negligent discharge (and Lord knows there have been plenty of those where LEOs were the ones responsible). There is the risk of dropping the weapon (which is a problem if someone tries to catch it). And if no one tries to catch it, a weapon gets scratched and banged up, reducing the resale value of the firearm. There are various and sundry types of handguns, from no safety, to pistols with trigger brush-guards, to 1911s with a classic safety, SA only, DA/SA pistols, pistols that may have been modified by their owner, etc., etc.
No one can know everything, and to assume that a weapon can exchange hands in all cases without unsafe things happening is the height of arrogance and stupidity.
That language is more likely to cause safety problems than make anyone safer. There are exceptions of course, when all the rules of gun safety have been and are being followed, there isn’t a round in the chamber, no one muzzle flags anyone else, and so forth, as if you were at the range. But in such a case, why does exchanging control of the weapon make anyone safer?
Do … not … touch … another … man’s … firearm. Period. If it’s being left alone, then continue to leave it alone. That language in the law is idiotic.
On December 30, 2022 at 6:23 pm, George said:
This will not end well.
On December 31, 2022 at 7:47 am, Joe Blow said:
Ya know, I’ve wondered about that confiscation part a bit myself? I have a TN lifetime CWP, part of that training class states (in TN at least) you have “a duty to inform” law officers upon contact that you are carrying (the instructor said just hand the highway patrolman your permit card with your driver license – aka how to handle a traffic stop when carrying.) I have not interacted with police professionally while armed, though their plate scanner told them about my permit.
I did invite the TWRA onto my property to investigate some hunters using bait piles. Upon contact I informed them I was carrying, slowly raised my jacket and turned around (IWB holster in 6 O’Clock position). He said thanks, just leave it there and let them do all the shooting, lol.
My carry pistol is a S&W M&P 9C, no thumb safety, one in the chamber and a full stack. Its got a 2 stage trigger safety, but have often wondered if an officer chose to disarm me, would they know how to properly handle my weapon? Are they glock fans (thumb safety)? Used to having a beavertail 1911? Mine goes bang when you look at it mean, I really don’t want someone else taking it out of my holster but me.
On December 31, 2022 at 8:57 am, Latigo Morgan said:
What a messed up law. “Officer safety” is the plea of cowards. If you’re so dang scared of the public, then just quit and do something safer like inspecting marshmallows at a candy factory.
My buddies and I got pulled over in the middle of the night driving through Texas. We had just visited Carlsbad Caverns. They were from Switzerland, so I brought along my .22 and we did some target shooting and picnicking on the BLM land outside the park property. Then we took off to go see Big Bend Ntl. Monument, with the plan to drive all night and see the park in the morning.
We got pulled over somewhere outside Pecos. Turns out the driver was speeding. Anyway, the deputy saw my cased rifle in the front with me and asked to see it “for his safety”. I handed it to him and he opened the case and the rifle slid out onto the rough shoulder pavement. Before I could cuss him out, the older deputy or Sheriff with him started chewing him out about respecting people’s property and such and told him to apologize to me for dropping my property, which did ding up what had been a pristine stock on my Winchester 180. Now, with the rifle cased like it was, it was obviously not a threat to officer safety. He could have easily drawn faster than I could have uncased it.
Now, in the interest of fairness, what the cops did not tell us when they pulled us over and we found out listening to police scanner in the Ranger station later that morning in Big Bend is that there was a bank robbery in Carlsbad with three men driving a car that matched the one we were driving. So, I could understand the deputy being a bit jumpy that night.
On December 31, 2022 at 8:59 am, Latigo Morgan said:
I wonder how many cops know how to safely clear a cocked-and-locked 1911 or similar single action auto loader?
On December 31, 2022 at 9:19 am, PGF said:
They teach in the CWP class that you should inform police upon contact, for safety reasons. But, you have no “duty to inform.” by law in TN.
On December 31, 2022 at 9:50 am, scott s. said:
Well Honolulu PD just issued their first concealed carry permit so there’s that.
On January 1, 2023 at 9:26 am, Differ said:
Constitutional carry is fine except 18 USC 922(q)(2)(A) makes it a felony to carry in a school zone…..and they’ve EVERYWHERE;
18 USCS § 921 (25) School Zone means in, or on the grounds of, a public, parochial or private school; or within a distance of 1,000 feet from the grounds of a public, parochial or private school.
A 1000 ft locus from the property line of ANY and ALL places which fall under that definition is a significant slice of any urban or suburban location. Many (most) of them aren’t posted.
18USC 922(q)(2)(B) exempts you IF you have a state-issued carry permit.
A lot of people will not be aware of the restrictions and assume because the state allows carry without permit, they may carry unrestricted. Only the specific places listed in whatever news article they read, will they understand to be restricted.
On January 7, 2023 at 2:38 pm, Original Grandpa said:
I am a big fan of Frontier Carry. If it’s legal for you to own a firearm, then carry it where you choose, and how you.prefer to carry it. It is a firearm, it is for self defense. Don’t brandish it, act like it is something to display – be a responsible grown up firearms owner. Use it as a tool for its intended purpose and things will be fine. Act like a child or a fool, and risk having someone who knows what they’re about, “educating” you the hard way.