On Jan. 1, permitless concealed carry, also known as constitutional carry, became Alabama law, ending the requirement that eligible gun owners have a permit to carry a concealed weapon on their person on in their vehicles.
It’s a change that prompted questions to some county sheriffs — who are responsible for issuing permits. Several used Facebook pages to clarify who the law affects and how it affects them, many of them by sharing information posted by Madison County Sheriff Kevin Turner in response to some common questions his department received.
The change in law enacted by Alabama’s Legislature in 2022 didn’t change who is legally allowed to carry a weapon; it only removed the requirement to have a permit. According to Turner’s post, those allowed to possess and carry firearms are:
- Any person older than 18 who has not been convicted of a violent crime — including misdemeanor domestic violence;
- Anyone who has not been adjudicated mentally deficient;
- Anyone who does not currently have a protective order against them.
The new law changes language in Alabama’s existing code to say that mere possession or carrying of a firearm in a public place cannot be construed as a crime. Now, a person can be arrested or charged with disorderly conduct only if they are “brandishing” — “waving, flourishing, displaying, or holding an item in a manner that is threatening or would appear threatening to a reasonable person, with or without explicit verbal threat, or in a wanton or reckless manner.”
Where you can’t carry
- Federal law prohibits carrying firearms in locations such as military bases, federal courthouses, federal law enforcement offices and others, even for gun owners with a permit.
- State law bans carrying a concealed weapon in police departments, sheriff’s offices, courthouses, courthouse annexes, prisons, jails, psychiatric facilities, drug treatment facilities and halfway houses
- Without a permit, a person cannot carry a concealed weapon on private property without the owner’s express permission. The offense, however, would fall under the trespass law, meaning someone could be charged only with trespassing for refusing to leave a business or property after being asked by the owner.
Why you might still want a permit
Back when the law first passed, Etowah County Sheriff Jonathon Horton said people might want to have a concealed carry permit even if Alabama law does not require it, especially if they travel. Gun laws may differ in other states; most states that do not have permitless carry laws consider Alabama-issued permits as valid.
The following states recognize Alabama permits: Mississippi, Georgia, Vermont, New Hampshire, Idaho, Montana, North Dakota, South Dakota, Arkansas, North Carolina, and Indiana.
South Carolina is the only southern state that does not share reciprocity with Alabama. Sheriff’s departments will continue to issue permits; people can obtain them to have when traveling out of state.
Checking gun laws in other states before traveling is a good idea, the Madison County Sheriff’s Office post recommends.
What police can do
Law enforcement officers can take a person’s weapon if the officer has “reasonable suspicion” that the individual has committed a crime or is planning to, or if the person presents a threat to themselves, the officer or the public.
Previous rules did not require people to tell police if they had a weapon in their vehicle or on their person. The new law does require that they inform police of weapons if asked. The new law also prohibits people from touching their weapon during an interaction with police unless told to by an officer.
