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Alabama Gun Control Laws
The Second Amendment to the U.S. Constitution effectively secured American citizens the right to firearm ownership and in the same manner, started the consistently in flux legislation, regulations, and politics surrounding firearm possession in the United States. Currently, certain federal standards have been established regarding firearms, which all fifty states must abide by regardless of their state laws. In addition, all states possess their own unique regulations, laws, and other prohibitions to firearm ownership and possession on top of federal firearm law. In the state of Alabama, firearms laws fall under federal regulation and a form of state regulation known as “may issue” regulation.
Alabama Carrying Guns & Possession Laws
The state of Alabama is known as a “may issue” state, which grants the owner of a firearm permit to carry concealed handguns at the discretion of local authorities, who may issue a permit to applicants. In practice, local officials, without due cause to do otherwise, shall issue these permits to any qualified applicant.
Alabama requires a permit for carry in the state. Otherwise, no regulations outside of federal laws exist. Purchase, registration, licensing, and various bans practiced in some states are not applicable in the state of Alabama. Restrictions on NFA weapons are not applicable in the state, however, state law does make criminal the possession of short-barreled, or sawed off, shotguns and rifles.
Penalties & Regulations for Illegal Possession
- Individuals
in possession of a sawed off, or short barreled, shotgun or rifle is in
violation of state law, and faces charges of a class C felony.
- Possession
of a firearm with permit carries a potential penalty of no more than six months
of hard labor for the county, with a fine of no more than $500.00.
- Possession
of a weapon by individual while in attendance or participation in public
demonstration, or within 1,000 feet, is illegal and punishable by a
misdemeanor.
Requirements for Possession: For Firearm, Shotgun, and Rifle Possession in the state of Alabama
|
|
Age |
Registration |
License |
Permit |
|
Handguns |
18 years of age |
None required |
None required |
Required for carry |
|
Rifles |
None specified |
None required |
None required |
None required |
|
Shotguns |
None specified |
None required |
None required |
None required |
Purchasing Guns
In the state of Alabama, purchase of weapons is restricted exclusively to handguns, per a state law stating delivery of handguns to persons under age of eighteen is illegal. Additionally, law enforcement has followed the same laws for purchase of long guns. Other persons ineligible to purchase weapons include felons, mentally ill individuals, drug addicts, alcoholics, and convicted of violent crimes in any state.
Penalties & Regulations for Illegal Purchases
- Purchase of handguns is restricted to individuals over the age of eighteen that are in sound state of mind and not legally restricted from weapons possession, violations and convictions carry fines of at least $50.00 up to no more than $500.00
- Altering, changing, or erasing any identifying marking on a firearm is a Class C felony, punishable as a Class B felony if done in connection with another crime
- No retailer can sell or otherwise transfer, or expose for sale or transfer, or have in possession with intent to sell, or otherwise transfer, any pistol without being licensed
Requirements for Purchase: For Firearm, Shotgun, and Rifle Purchase in the state of Alabama
|
|
Age |
Registration |
License |
Permit |
|
Handguns |
18 years of age |
None required |
None required |
Required for carry |
|
Rifles |
No sale to minor |
None required |
None required |
None required |
|
Shotguns |
No sale to minor |
None required |
None required |
None required |
Firing Handguns and Self Defense
In the state of Alabama, use of a firearm or handgun in self-defense is permitted, whether in public or on private property. Illegal acts involving discharging firearms in Alabama include:
- Use or attempted use of a firearm while fighting in public, which is punishable by no less than six months hard labor for the county and fines up to $500.00
- Discharging a firearm into buildings, dwellings, schools, cars, trains, trucks, watercraft, or any other conveyance is illegal, and punishable as a Class B felony if occupied and a Class C felony if unoccupied
- Discharging
a firearm on or across a roadway, thoroughfare, railroad, or crossing is
illegal
Legal Help
In the state of Alabama, weapons charges carry both felony and misdemeanor charges, depending on the exact circumstances of the individual case. Aside from state laws, federal weapons laws may prove applicable in some cases, thus, increasing the potential penalties and seriousness of charges defendants may face. Having an attorney represent your case before and during a criminal trial is essential. The law provides numerous exceptions for gun law violations, especially regarding instances where self, property, homestead, or others were at risk for grave, serious, or lethal injury. Some commonly filed gun charges in the state of Alabama, that an Alabama gun charge attorney can help defendants face, include:
- Felon in possession of firearm
- Possession of firearm by persons convicted of crimes of violence
- Carry of handgun without a permit
- Discharge of firearms illegally
- And a litany of other federal gun crime charges
