Open Carry
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Thread: Open Carry

  1. Open Carry

    There are no laws in Alabama prohibiting open carry while not in a vehicle. I am not suggesting that it is recommended but it is not illegal. See the Attorney general opinion on the subject.

    http://www.ago.state.al.us/oldopinions/8400205.pdf

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  3. #2
    Join Date
    Jan 2011
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    Rocket City, AL
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    Not only that AG opinion but there are several court cases and State Supreme Court cases that state open carry is legal. Go to AL Open Carry.com for more info.

  4. #3
    At least one poster on this board claims that the sheriff of St. Clair county arrests people who carry openly.

  5. #4

    Cool

    It would seem that the Sheriff is opening up himself as well as his department and county to a law suit filed by anyone arrested for merely open carrying. Alabama is an open carry state by current law. The state legislature is the governing authority in this case and can not be pre-empted. The law states where there will be exceptions to both open and concealed carry of weapons at certain events and places. Numerous law suits have proven that we do have the right to open carry in Alabama and I am sure the sheriff is aware of them. Possibly, law enforcement up there feels they can use scare tactics to intimidate people and control open carry. I would refer them to the entries on USA Carry about the law suit that was filed in Cleveland Heights, Ohio by a person who was acccosted by LEOs who didn't like him open carrying. It is time for gun owners and law enforclement officials to come to an understanding of our rights under the 2d Amendment. I don't think any of us want anything but to be left alone and allow us to enjoy our rights. Am I wrong?

  6. #5
    Am I wrong?

    No. I suspect that you're entirely correct. Still, I read the following in a post dated 9/3/2009 from Glockster20 (who seems to be a reliable contributor):

    "If you open carry in St. Clair County, you WILL be arrested and your CCW permit will be revoked. Per the commie Sheriff of St. Clair County, Sheriff Terry Surles."

    http://www.usacarry.com/forums/alaba...ving-bama.html

    I read that some sheriffs in Wisconsin, particularly in and around Milwaukee, resisted their state Attorney General's dictum that charges for open carry would not be pursued, so therefore don't arrest anyone for it. I don't know that they actually ignored the Attorney General's statement, but they threatened to.

    Of course, the same is true for the cities of Omaha, Philadelphia, and others with respect to concealed carry. Towns and cities think they can ignore state law and have to be stepped on.

  7. #6
    Join Date
    Jan 2011
    Location
    Rocket City, AL
    Posts
    12
    Open Carry was settled in Alabama by the State Supreme Court in June 1840. In the case of State v Reid, the ALSC stated that the state legislature could not inhibit a citizen from bearing arms openly without violating the state constitution. The state preemption law 11-45-1.1 leaves the restriction of handguns to the state legislature. The Attorney General opinion 2001-267 reminds the city of Decatur that the city can keep city employees from carrying any weapon on the job, except pistols because of the state preemption law. All this info is available at Alabama Open Carry.com. The sheriff of St Clair will be contacted and informed of the state laws. If he continues to violate state law, he can be held accountable.

  8. Quote Originally Posted by BamaBoy View Post
    Am I wrong?

    No. I suspect that you're entirely correct. Still, I read the following in a post dated 9/3/2009 from Glockster20 (who seems to be a reliable contributor):

    "If you open carry in St. Clair County, you WILL be arrested and your CCW permit will be revoked. Per the commie Sheriff of St. Clair County, Sheriff Terry Surles."

    http://www.usacarry.com/forums/alaba...ving-bama.html

    I read that some sheriffs in Wisconsin, particularly in and around Milwaukee, resisted their state Attorney General's dictum that charges for open carry would not be pursued, so therefore don't arrest anyone for it. I don't know that they actually ignored the Attorney General's statement, but they threatened to.

    Of course, the same is true for the cities of Omaha, Philadelphia, and others with respect to concealed carry. Towns and cities think they can ignore state law and have to be stepped on.
    I heard the same thing about Madison County (Huntsville) also, but I don't recall where. I *believe* it was the opencarry.org site but I don't recall right now.

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