A synopsis of Alabama state laws on purchase, possession and carrying of firearms.

PURCHASE

It is unlawful to sell, give, lend or deliver a handgun to any person under 18, or to a person whom the seller has reasonable cause to believe has been convicted of a crime of violence, is a drug addict, a habitual drunkard, or of unsound mind. READ ALL

Any resident of Alabama authorized to sell and deliver rifles, shotguns and ammunition may sell and deliver them to a resident of any adjoining state. Any purchaser of such firearm or ammunition may take or send it out of the state or have it delivered to his place of residence. Any resident of Alabama who legally purchases rifles, shotguns and ammunition in any state adjoining Alabama may take delivery of said weapons either in the state where they were purchased or in Alabama.

HIDE

POSSESSION

No state permit is required to possess a rifle, shotgun, or handgun. It is unlawful for a drug addict, habitual drunkard, or one who has been convicted of a crime of violence to own or possess a handgun. Law enforcement authorities have advised that minors cannot carry or possess a handgun. READ ALL

It is unlawful for any person to have in his possession, or on his person, or in any vehicle any firearm while participating in or attending any demonstration being held at a public place, or within 1,000 feet of a demonstration after being warned by a police officer.

A short-barreled rifle or short-barreled shotgun may be possessed, transported or transferred if done so in compliance with federal law.  Machine guns, destructive devices, silencers, or suppressors as they are correctly termed, can be purchased, possessed and transferred, if done so in compliance with federal law.  It is very important to locate a reputable N.F.A. licensed dealer when considering the purchase of such items.

HIDE

CARRYING

With some exceptions, the open carry of firearms is lawful. It is unlawful to carry a concealed pistol, firearm, or airgun without a permit. It is unlawful for a person to carry a pistol about his person on premises not his own or under his control. It is unlawful to carry a rifle or shotgun walking cane.  READ ALL

It is unlawful to carry a concealed pistol, firearm, or airgun without a permit. It is unlawful for a person to carry a pistol about his person on premises not his own or under his control. It is unlawful to carry a rifle or shotgun walking cane.

No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own home or fixed place of business, without a license. Exempt from this prohibition are law enforcement officers, common carriers, and persons carrying unloaded handguns in a secure wrapper from a place of purchase to one's home or business, or to or from a place of repair, or in moving from one home or business to another.

The sheriff of a county may, upon the application of any person residing in that county, issue a qualified or unlimited license to carry a handgun in a vehicle or concealed on or about one's person for not more than one year if the applicant:

•  is 18 years of age.
•  has good reason to fear injury to his person or property. 
•  has any other proper reason for carrying a handgun.
• "is a suitable person" to be so licensed.

The sheriff may revoke a license upon proof that the license holder is "not a proper person to be licensed." The fee for a license varies, depending on the county.

A license to conceal carry firearms does not authorize any person to carry a concealed firearm into, but not limited to, the following places:

• any airport, courthouse or criminal justice building;
• any public gatherings such as sporting events, political events, parades, etc.

Pistol permit records are confidential and are only to be used for law enforcement purposes.  Alabama sheriffs may place other restrictions on permits issued in their county including prohibiting carrying where alcohol is served or consumed.  Please be aware of any added restrictions on your permit, as these restrictions on the permit you were issued would be in effect in all other Alabama counties.

A person who is not a resident of Alabama and who is licensed to carry a handgun in any state whose laws recognize and give effect in that state to a license issued under the laws of Alabama shall be authorized to carry a handgun in Alabama. Such a person shall carry the handgun in compliance with the laws of Alabama.

HIDE

ANTIQUES & REPLICAS

Handguns possessed as curiosities or ornaments are exempt from the provisions on purchase, possession, or sale. Such handguns may be transported unloaded and in a bag, box, or securely wrapped package, but not concealed on the person. The same provisions apply to handguns, rifles, or shotguns made in or before 1898, or to blackpowder replicas not made to fire fixed ammunition.

Range Protection

Shooting ranges are protected by the standards of law, ordinance or regulation in effect at the time the range went into operation if it was in existence before 1990.  READ ALL

Alabama State Code § 6-5-341

Liability for operation or use of sport shooting range.

(a) As used in this section, the following words have the following meanings:

     (1) Government Body- The state of Alabama or any county or municipal governing body, agency, board, commission, committee, counsel, department, district, or any other public body corporate and politic created by constitution, statute, ordinance, rule, or order.

     (2) Property-  Real property, buildings, structures, and improvements thereon.

     (3) Sport Shooting Range-  An area designed and used for rifle shooting, pistol shooting, trap shooting, skeet shooting, or other target shooting and other related training or practice for the purpose of sharpshooting or improving in the use of firearms. 

(b)(1) This section applies to all private or public civil, injunctive, and nuisance actions.

     (2)Not withstanding any other provision of law, any person, firm, or entity who operates or uses a sports shooting range in this state shall not be subject to civil liability or criminal prosectution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is being operated between the hours of 9:00a.m. to 9:00p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise or lead control laws or ordinances that applied to the sport shooting range and its operation on August 1,  2001, or at the time the sport shooting range came into existence, whichever came first.

     (3)Any person, firm, or entity who operates or uses a sports shooting rangeis not subject to an action of nuisance and is not subject to an injunction to stop the use or operation of the shooting range on the basis of noise or noise pollution or lead or lead pollution if the range is being operated between the hours of 9:00a.m. through 9:00p.m. and if the range is in compliance with any noise or lead control laws or ordinances that applied to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever came first.

     (4)Except as expressly provided herein, nothing in this section or the common law doctrine of attractive nuisance shall create any duty of care or grounds for liability toward any person using the property of another for a sport shooting range.

(c) No public street or alley should be open through a tract of property used or occupied as a sporting range, unless the necessity of the street or alley is first established by verdict of a jury upon showing extreme need or impossiblity of redirecting or rerouting a street or alley to accommodate the sports shooting range.

(d) Rules or regulations adopted by any government body limiting levels of noise in terms of decibel level which may occur in the atmosphere shall not apply to a sports shooting range exempted from liability under this section.

(e)Rules or regualtions adopted by any government body limiting levels of lead occurring in the atmosphere shall not apply to a sports shooting range exempted from liablity under this section.

HIDE

Preemption

The entire matter of handguns is reserved to the state legislature. READ ALL

§ 11-45-1. 1. Subject matter of handguns reserved to State Legislature; power of municipality to adopt certain ordinances; concurrent jurisdiction of municipal courts with district courts.

No incorporated municipality shall have the power to enact any ordinance, rule, or regulation which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns by the citizens of this state. The entire subject matter of handguns is reserved to the State Legislature. This section shall not be construed to limit or restrict the power of a municipality to adopt ordinances which make the violation of a state handgun law a violation of a municipal ordinance to the same extent as other state law violations, or to limit or restrict the power of a municipal court to exercise concurrent jurisdiction with the district court over violations of state handgun laws which may be prosecuted as breaches of a municipal ordinance.

HIDE

MISCELLANEOUS

No county or municipal corporation or its political subdivision shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components. READ ALL

The authority to bring or settle any lawsuit in which the state has an exclusive interest or right to recover against any firearm or ammunition manufacturer, trade association, or dealer, and the authority to bring or settle any lawsuit on behalf of any governmental unit created by or pursuant to an act of the Legislature or the Constitution of Alabama of 1901, or any of its departments, agencies, or authorities, for damages, injunctive relief, or other equitable relief resulting from or relating to the design, manufacture, marketing, or lawful sale of firearms or ammunition, or both, shall be reserved exclusively to the Attorney General, by and with the consent of the Governor. This does not prohibit a county or municipal corporation from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local governmental authority.

All government agencies are prohibited from confiscating or regulating the lawful sale, possession, transfer, transport, or carry of firearms during a state of emergency.

Shooting ranges are, under many circumstances, protected from civil liability, criminal prosecution, or injunctions for noise or lead pollution.

It is unlawful to change or obliterate the name of the maker, model, manufacturer's number, or other mark or identification of any firearm. It is unlawful to possess, sell or use such a firearm.

It is unlawful to make any loan secured by a mortgage, deposit, or pledge of a handgun.

It is unlawful to supply false information or evidence in purchasing or otherwise securing delivery of a pistol, or in applying for a license to carry a handgun.

It is unlawful to possess or sell brass or steel teflon-coated handgun ammunition, or any ammunition of like kind designed to penetrate bulletproof vests. This prohibition does not apply to teflon-coated lead or brass ammunition designed to expand upon contact.

It is unlawful to carry or possess any firearm within any wildlife management area without a "permit allowing this privilege."

It is a misdemeanor to hunt with a center-fire rifle, a shotgun using a slug or shot larger in diameter than standard four shot, or a .40 caliber or larger muzzle-loading rifle, within 50 yards of a public road, public highway, or railroad by anyone other than the landowner or his or her immediate family.

It is unlawful to discharge any firearm upon or across any public road, public highway or railroad.

HIDE