CC and Alcohol in Alabama
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Thread: CC and Alcohol in Alabama

  1. #1

    CC and Alcohol in Alabama

    For the past year and a half, (as long as I have been carrying) I have abided by the rule that I could not carry in restaurants that served alcohol. However, it has recently come to my attention that there seems to be differing opinions on how the law is to be interpreted. From what I've found, the state laws do not prohibit my carrying into alcohol serving restaurants, but on my permit it says that I can not. Permits from other counties do not say this. The county that I go to school in has no restrictions printed on it at all, but mine does.

    So here's the question, do I follow the state laws and still carry, or must I abide by the restrictions on my permit eve when other counties do not have the same restriction?
    From my cold dead fingers will you take my freedom. And even then you will have to pry it out with a crowbar.

  2.   
  3. #2
    My permit says the same thing. An Alabama lawyer who specializes in firearm and self-defense cases told me that he has never heard of anyone being arrested or even hassled for carrying in a restaurant that serves alcohol. He said that he himself carries in such restaurants, adding that sheriffs in Alabama are generally supportive of concealed carry and are not looking to catch people in technical violations the way they are in anti-gun states like New Jersey and New York.

    As long as you're not being a jerk, you have nothing to worry about. I would add that you're probably better off not drinking, though. Even if you have just a glass of wine with your meal, that could be problematic if you have to draw your firearm in the parking lot. A prosecutor could very well use that drink to complicate things.

    As the lawyer said, "You don't want to spend $20,000 to prove your point."

  4. IMO i would go by what your issued permit says. i mean its yours and you dont want to lose it over a technicality. can you obtain one from the other county as well?

  5. #4
    The permit can come only from my home county, which is dry anyway.

  6. #5
    Join Date
    Mar 2009
    Location
    Pennsylvania
    Posts
    1,558
    Many states have a preemption clause. Meaning the State has final say and not the towns and municipalities. Check and see if it applies to your state.

  7. #6
    Until you hear otherwise I would view your concealed carry license as if it were your drivers license. By this I mean if you have a CDL for a class A tractor, it is on your license and you can legally drive one. If you need corrective lenses it is listed on your license, if you have a motorcycle endorsement it is on your license. Like I said until you hear otherwise or call the sheriff to find out, I would go by what is listed on your license.

  8. #7
    "Many states have a preemption clause. Meaning the State has final say and not the towns and municipalities. Check and see if it applies to your state."

    The lawyer who advised me said that Alabama state law does preempt local law, and does not prohibit carry in restaurants that serve alcohol. However, he knows of no actual case law, which probably means that nobody's ever been cited solely for that reason. State law does prohibit carrying while intoxicated.

    Essentially, if you are carrying a concealed weapon while dining in a Chili's, you are not breaking state law. If you have not broken state law, you cannot be convicted of having done so. Still, you don't want to invite trouble.

    In fact, I can carry in Alabama not merely on my Alabama CCW permit, but also on my Florida, Utah, and New Hampshire permits, which are not restricted in any way. So unless somebody's out to screw me, I think I'm safe.

  9. #8
    I remember the days when we would collect baseball cards. Now that we're older I guess it's time to collect CCW cards

  10. #9
    Join Date
    Jan 2011
    Location
    Rocket City, AL
    Posts
    12
    In Alabama, any officer can pull your pistol license if you pulled over for anything, including speeding. He may have to check with the issuing department, but if they say to pull it, say goodbye to your license. If you are caught drinking alcohol while carrying concealed and your license states "no alcohol", you can be arrested for carrying concealed because by violating the "no alcohol" condition of your license VOIDS your license. It's just as if you didn't have one! IANAL, but if you want to test it, I hope you are ready to post bail and lose your license until the outcome of your court case. If there is a NO FIREARMS sign on the door, the CPL does not allow you bypass it. A NO FIREARMS sign applies to open or concealed carry. Now, if there is no sign on the door and no one in the bar tells you otherwise, unlicensed open carry is legal in Alabama. However, if you let the police know that you have a CPL while you are open carrying in a place that serves alcohol, they may still pull the license. It's your choice of how you want to handle it. But, you are on your own if you get "buzzed" while carrying, license or not.

  11. #10
    Alabama does have state preemption for gun laws, but that said sheriff's can issue qualified licenses and can place any qualifications/restrictions they want on licenses they issue. Tuscaloosa sheriff gives you a list of Tuscaloosa rules the sheriff has. Only some of the rules are state law issues.

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