{"id":371329,"date":"2016-03-31T21:34:18","date_gmt":"2016-04-01T02:34:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-gun-control-laws.html"},"modified":"2024-10-30T11:11:00","modified_gmt":"2024-10-30T16:11:00","slug":"alabama-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-gun-control-laws.html","title":{"rendered":"Alabama Gun Control Laws"},"content":{"rendered":"\n
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Alabama Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Even in states with a strong sense of an individual’s constitutional right to bear arms, some regulation is needed to keep the public safe from gun violence.<\/p>\r\n

Alabama gun laws are less strict than many other states, but Alabama still regulates some aspects of firearm ownership and possession. In past years it adopted laws to help reduce access to firearms by those convicted of domestic violence and those suffering from mental illness.<\/p>\r\n

State legislators must balance federal and state prohibitions and regulations with the rights of gun owners. In Alabama, public safety concerns often give way to individual rights to own and possess guns for self-defense, hunting, recreation, and other lawful purposes.<\/p>\r\n

Most discussion of gun control in America today begins with a review of federal and state constitutional provisions that protect the right to bear arms. Recently, the U.S. Supreme Court<\/a> has interpreted the Second Amendment to grant individuals the right to carry arms in public. <\/p>\r\n

The Court’s rulings state that to uphold a state or local restriction on firearms, the local law must be based on traditional firearms regulations from U.S. history. This has led to court battles in both state and federal courts.<\/p>\r\n

Existing federal law related to firearms places requirements on the legal manufacture, sale, possession, and use of firearms. It bans firearm possession by certain persons such as convicted felons. If someone purchases a firearm from a federally licensed dealer, the dealer must conduct a criminal background check prior to delivering the weapon. <\/p>\r\n

Most background checks involve the federal National Instant Criminal Background Check System (NICS)<\/a>.<\/p>\r\n

Alabama Gun Control Laws<\/h2>\r\n

In 2022, over the opposition of the Alabama Sheriffs Association, Governor Kay Ivey signed a new law allowing for permitless carry of concealed handguns in the state. Such laws are also known as constitutional carry. They provide that anyone who could legally possess a gun can now carry one concealed on their person without first going through the permit and background check process. <\/p>\r\n

The effect of these laws is unknown. Does being in a permitless carry state empower law-abiding citizens to pack heat or provide less scrutiny to the carrying of arms by prohibited persons?<\/p>\r\n

Alabama law does not contain many hallmarks of modern gun control regulation. There is no assault weapons ban or law against possessing a high-capacity magazine of ammunition. The state imposes no waiting period on buying a gun. It does not provide for universal background checks on all gun purchases. <\/p>\r\n

There is no red flag law designed to assist law enforcement with keeping guns away from those who represent a threat to themselves or others.<\/p>\r\n

Upon adopting its new permitless carry law, Alabama passed regulations to help law enforcement officers when they stop someone who may have a concealed firearm. When police engage a motorist or individual in an investigatory stop, anyone carrying firearms must notify the police upon an inquiry. <\/p>\r\n

They also cannot touch their gun with their hands or fingers from the time of the officer’s approach until the end of the encounter unless instructed to do so by the officer. Violations can result in a Class A misdemeanor charge.<\/p>\r\n

Alabama maintains a process for granting a concealed carry permit for those gun owners who seek reciprocity to carry firearms in other states. Anyone seeking a pistol license applies through their county sheriff’s office. The sheriff’s office can issue a qualified or unlimited license. <\/p>\r\n

You must be an Alabama resident and at least 19 years old to obtain a pistol license. Individuals in U.S. military service (or honorably discharged) or the Alabama National Guard can apply at 18 years old. <\/p>\r\n

Alabama is a "shall issue" state, which means that if you meet the licensing requirements and are not among those prohibited from carrying a gun, the state must issue the license. Other requirements for eligibility of license holders are outlined in the chart below.<\/p>\r\n

Even with broad rights to carry a firearm in public, firearm laws provide restrictions on locations where a person can possess a gun. Gun owners need to avoid carrying a gun in the following locations:<\/p>\r\n