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.
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.
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.
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 has interpreted the Second Amendment to grant individuals the right to carry arms in public.
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.
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.
Most background checks involve the federal National Instant Criminal Background Check System (NICS).
Alabama Gun Control Laws
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.
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?
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.
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.
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.
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.
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.
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.
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.
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:
- Police, sheriff, or highway patrol stations
- Courthouses and District Attorney offices
- The primary office of an elected official
- Meetings of city councils and county commissions
- The Alabama Statehouse in Montgomery
- Jails, prisons, and other correctional facilities
- Facilities for treatment for those with psychiatric, mental, or emotional disorders
- Schools (prohibits carry with intent to do harm, with exceptions)
- School-related athletic events
- At a demonstration in a public place (except law enforcement)
- Workplaces where firearms are banned by employers (but not employees' motor vehicles)
Overview of Alabama Gun Control Laws
The following table describes Alabama's main gun control laws, with helpful links to each of the relevant codes and plain language explanations for frequently asked questions.
Relevant Alabama Gun Control Statutes (Laws)
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Alabama Criminal Code, Chapter 11, Article 3, Sections 50 - 98
Carrying Concealed Weapons - Section 13A-11-50
Carrying Rifle or Shotgun Walking Cane - Section 13A-11-54
Improper Transfer of Firearm or Weapon - Section 13A-11-58.1
Possession or Sale of Brass or Steel Teflon-Coated Handgun Ammunition - Section 13A-11-60
Unlawful Discharge of Firearms - Section 13A-11-61
Discharging Firearm into School Bus or School Building Section 13A-11-61.1
Possession of Short-Barreled Shot Gun - Section 13A-11-63
Possession of Firearm After Identification Altered - Section 13A-11-64
Certain Persons Forbidden to Possess Firearms - Section 13A-11-72
Carrying a Pistol Without a Permit - Section 13A-11-74.1
Permit to Carry Concealed Pistol - Section 13A-11-75
Delivery to Minors, Other Prohibited Persons - Section 13A-11-76
Penalties for Illegal Firearms - Section 13A-11-84
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Illegal Arms
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- Firearms that have had their manufacturing number altered or removed
- Short-barreled shotguns and short-barreled rifles (unless in compliance with federal law)
- Brass or steel Teflon-coated handgun ammunition
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Waiting Period
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There is no waiting period for the purchase of a firearm in Alabama.
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Who May Not Own
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The following persons may not possess or own a firearm:
- Anyone who has been convicted of committing, or attempting to commit, a crime of violence, a misdemeanor offense of domestic violence, or one of the felonious violent offenses specifically listed in the criminal statute
- Those under a domestic abuse protection order
- Individuals found to be of unsound mind based on incompetency, mental illness, marked subnormal intelligence, lack of mental capacity, or being a danger to oneself or others
- Defendants in criminal cases found to be insane, not guilty by reason of mental illness, or mentally unfit to stand trial
- Those who have been involuntarily committed for a final commitment of inpatient care to the Department of Mental Health or a Veterans Administration
- Drug addicts
- "Habitual drunkards"
- Minors under 18 years of age
- Noncitizens that are illegally and unlawfully in the U.S.
- Those banned under federal law
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License Required?
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Alabama does not require a license to purchase or own a gun.
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Concealed Carry License Required?
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No. Alabama does not require a license to carry a concealed firearm in public. Anyone who is not under a state or federal prohibition from possession can carry a concealed firearm in the state. There may be location restrictions. Alabama maintains a concealed carry license for reciprocity with other states.
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Open Carried Allowed?
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Yes. Open carry is allowed. Handguns must be secured, such as in a holster. The state of Alabama bans the carrying of a rifle or a shotgun walking cane. Again, there may be location restrictions.
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Eligibility for a Concealed Carry License
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To be eligible for a pistol license, you must:
- Be a resident of Alabama
- Be at least 19 years old (Members of the military and National Guard may apply at age 18)
- Pass a criminal background check
- Have not been found by a court in a criminal case to be guilty but mentally ill; not guilty by reason of insanity; or not guilty due to mental disease or defect
- Have not been declared incompetent to stand trial in a criminal case
- Have not asserted a defense of not guilty by reason of insanity or mental disease or defect
- Have not been found not guilty by reason of lack of mental responsibility under the Uniform Code of Military Justice
- Have not required involuntary inpatient treatment or involuntary commitment in a psychiatric hospital or similar treatment facility
- Have not required involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding of imminent danger to self or others
- Have not been the subject of a prosecution or commitment or incompetency proceeding that could lead to prohibition on firearm possession under state or federal law
- Have not falsified any portion of the permit application
- Have not otherwise caused justifiable concern for public safety
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Machine Gun Laws
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State law does not ban possession of machine guns. Federal law prohibits the possession of most machine guns made after May 19, 1986, outside of the military and law enforcement.
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Penalties for Illegal Firearm Possession
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- Illegally carrying a concealed weapon is a Class B misdemeanor, punishable by up to six months in jail, a $3,000 fine, or both.
- Carrying a rifle or shotgun walking cane is a felony, punishable by two years in prison, a fine of $500-$1,000, or both.
- Improper transfer of a firearm or weapon is a Class C felony, punishable by up to 10 years in prison, a fine of up to $15,000, or both.
- Possession of illegal handgun ammunition during a felony crime is punishable by a consecutive sentence of three years in prison on top of the sentence for the underlying crime.
- Unlawful discharge of a firearm into an occupied dwelling, building, railroad car, aircraft, auto, truck, or watercraft is a Class B felony, punishable by two to 20 years in prison, a fine of up to $30,000, or both.
- Unlawful discharge of a firearm into an unoccupied dwelling, building, railroad car, aircraft, auto, truck, or watercraft is a Class C felony, punishable by one to 10 years in prison, a fine of up to $15,000, or both.
- Possession of a short-barreled rifle or short-barreled shotgun in violation of federal law is a Class C felony, punishable by one to 10 years in prison, a fine of up to $15,000, or both.
- Possession of a firearm where the manufacturer's identifying information has been altered is a Class C felony, punishable by one to 10 years in prison, a fine of up to $15,000, or both.
- Illegal possession of a firearm is a Class C felony, punishable by one to 10 years in prison, a fine of up to $15,000, or both. If the reason for the prohibition is due to being underage, a habitual drunkard, or having a drug conviction, then the crime is a Class A misdemeanor, punishable by up to one year in jail, a fine of up to $6,000, or both.
- Making a false statement on a pistol permit application is a Class C misdemeanor, punishable by up to three months in jail, a fine of up to $500, or both.
- Delivering a pistol to a prohibited person is a Class A misdemeanor, punishable by up to one year in jail, a fine of up to $6,000, or both.
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Penalties for Illegal Possession on or Near School Grounds
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It is illegal to knowingly carry a firearm with intent to do harm in a public school or school bus used for grades K-12. Penalties for such violations can be a Class C felony, punishable by one to 10 years in prison, a fine of up to $15,000, or both. Discharging a firearm in a school building or on a school bus that is occupied or on school grounds during school hours or activities is a Class B felony, punishable by two to 20 years in prison, a fine of up to $30,000, or both. If the school building or bus is unoccupied, or the discharge occurs on school grounds outside school and activity hours, then the offense becomes a Class C felony.
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Red Flag Law?
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No. Alabama has no red flag law to remove firearms from a person who is a danger to themself or others. |
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Universal Background Checks?
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No. Alabama does not require a criminal background check for gun sales between private individuals (no licensed dealer involved). |
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Stand Your Ground Law?
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Yes. A person who is:
- Justified in using physical force in self-defense or defense of others
- Not engaged in unlawful activity
- In a place where they have the right to be
has no duty to retreat and may stand their ground to defend against an assault. |
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Note: State laws are always subject to change through passage of new legislation, rulings in higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
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Need Legal Help? Find a Local Lawyer
It can be challenging to follow the laws of your state and federal law when it comes to firearms. You may have concerns about restrictions in Alabama or a neighboring state such as Georgia.
If you're unsure about different state gun regulations or face charges for a gun-related crime, consider seeking legal advice from an experienced Alabama criminal defense attorney. A lawyer can also provide information about how to have gun rights restored after court orders of removal or a conviction.