Alabama Concealed Weapon Charges

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Alabama prohibits carrying a handgun in any vehicle without a concealed weapons permit unless the gun is unloaded and the ammunition is locked in a different location. Anyone who wishes to carry a concealed handgun must obtain a permit. The State of Alabama is unusual because they give the county sheriff broad powers of discretion regarding who will be issued a concealed weapons permit. Only law enforcement officers are allowed to carry a pistol into a public school, certain public buildings or within 1,000 feet of an on-going demonstration.

Alabama is a May Issue State

Alabama is classified as a “may issue” state, which means that the Sheriff may or may not issue an individual a concealed weapons permit even after meeting all of the requirements, which are:

  • The person must be at least 18 years of age, however the sheriff can set the minimum age higher or lower.
  • The individual must have a valid reason to carry a pistol, such as being in fear for his or her life.
  • Must obtain the permit in the county where he or she currently resides.
  • Must be able to pass both a local and federal background check. All information will be run through the National Crime Information Center (NCIC) which is the database maintained by the Federal Bureau of Investigation (FBI).

If the sheriff issues a permit to the applicant, it will only be valid for a period of one year. Permits must be renewed every year and the applicable fees must be paid each time. Anyone who has committed or attempted to commit a crime of violence will be prohibited from obtaining a permit. Applicants who are known to be a habitual drug offender may also be turned down.

Alabama Weapons Violations

The laws in Alabama are fairly liberal regarding gun control. Carrying a concealed weapon may be a

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Misdemeanor Offense

Any person who knowingly carries a concealed weapon without a permit (a bowie knife, pistol, firearm or an air gun)

 

May be incarcerated in the county jail or sentenced to hard labor for not more than six months

 

The individual will be fined not less than $50 and no more than $500

Should You Take a Plea?

Any person that has been arrested will be arraigned in court by a judge. At the time, they must decide what type of plea to enter. Their choices range from:

  • Entering a plea of “Not Guilty”—By choosing the option, the case will be assigned a date for trial to begin.
  • Pleading “Guilty”—Defendants who plead guilty to the crime will be automatically sentenced by the judge overseeing the case.
  • Nolo Contendere—Also known as “no contest”, this is relatively the same as pleading guilty but the person cannot be held liable if a civil trial ensues.

People that want to avoid jail and the possibility of being fined may want to work out a plea bargain with the District Attorney’s office.

Consulting an Alabama Criminal Defense Attorney

Defendants who are unfamiliar with how the law works may be eager to plead to a lesser offense. However, this will still result in the person having a criminal record. Before making any decisions, contact a criminal defense attorney for advice. They will examine the facts and evidence pertaining to your case and make the appropriate recommendation.

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