Alabama

Alabama Permit Eligibility:
Within 30 days from receipt of a completed application, a sheriff shall approve or deny the application. In making a determination whether to approve or deny the issuance or renewal of a permit, the sheriff shall consider whether the applicant:
1. Was found guilty but mentally ill in a criminal case. 2. Was found not guilty in a criminal case by reason of insanity or mental disease or defect. 3. Was declared incompetent to stand trial in a criminal case. 4. Asserted a defense in a criminal case of not guilty by reason of insanity or mental disease or defect. 5. Was found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice. 6. Required involuntary inpatient treatment in a psychiatric hospital or similar treatment facility. 7. Required involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding that the person is an imminent danger to himself or herself or to others. 8. Required involuntary commitment to a psychiatric hospital or similar treatment facility for any reason, including drug use. 9. Is or was the subject of a prosecution or of a commitment or incompetency proceeding that could lead to a prohibition on the receipt or possession of a firearm under the laws of Alabama or the United States. 10. Falsified any portion of the permit application. 11. Caused justifiable concern for public safety.
Ala. Code § 13A-11-75(a)

Alabama Permit Application Process:

1. Visit your county sheriff and fill out the application (some are available online).
2. Pay the $20-$100 application fee (varies slightly by county).
3. Wait for your license to be issued.

The sheriff of a county, upon the application of any person residing in that county, within 30 days from receipt of a complete application and accompanying fee, shall issue or renew a permit for such person to carry a pistol in a vehicle or concealed on or about his or her person within this state for one- to five-year increments, as requested by the person seeking the permit.

Ala. Code § 13A-11-75(b)

Alabama Permitless Carry
Except as otherwise provided in this article, no person shall carry a pistol about his person on private property not his own or under his control unless the person possesses a valid concealed weapon permit or the person has the consent of the owner or legal possessor of the premises; but this section shall not apply to any law enforcement officer in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.
Ala. Code § 13A-11-52

Alabama Reciprocity Agreements (a) A person licensed to carry a handgun in any state shall be authorized to carry a handgun in this state. This section shall apply to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state shall carry the handgun in compliance with the laws of this state. The issuance of a permit to carry a pistol pursuant to Section 13A-11-75 or the recognition of a nonresident license under this section does not impose a general prohibition on the carrying of a pistol without a permit.(b) The Attorney General may enter into reciprocal agreements with other states for the mutual recognition of licenses to carry handguns and shall periodically publish a list of states which recognize licenses issued pursuant to Section 13A-11-75.

Ala. Code § 13A-11-85

Alabama Preemption Law c. Except as otherwise provided in Act 2013-283 or as expressly authorized by a statute of this state, the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon firearms, ammunition, and firearm accessories to the complete exclusion of any order, ordinance, or rule promulgated or enforced by any political subdivision of this state. d. The authority of a political subdivision to regulate firearms, ammunition, or firearm accessories shall not be inferred from its proprietary authority, home rule status, or any other inherent or general power. e. Any existing orders, ordinances, or rules promulgated or enforced contrary to the terms of this section are null and void and any future order, ordinance, or rules shall comply with this section.

Ala. Code § 13A-11-61.3

Alabama Private-Party Firearm Transfers Alabama has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Alabama law prohibits anyone from delivering a handgun (but not a long gun) to any person he or she has reasonable cause to believe is a minor, (except under the circumstances provided in Section 13A-11-72), a drug addict, an habitual drunkard, or a person of unsound mind, has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, a violent offense as listed in Section 12-25-32(14), anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind.

Ala. Code § 13A-11-76

Carrying Concealed Weapons
A person who, in violation of this article, carries concealed about his or her person or in a vehicle a pistol or firearm of any other kind shall, on conviction, be guilty of a Class B misdemeanor.
Ala. Code § 13A-11-50

Alabama has no laws restricting the ammunition capacity of magazines.

Alabama Prohibited Areas In addition to the federal prohibited areas, in Alabama you may NOT carry a handgun, openly or concealed, in:

1. Inside the building of a police, sheriff, or highway patrol station.
2. Inside or on the premises of a prison, jail, halfway house, community corrections facility, or other detention facility for those who have been charged with or convicted of a criminal or juvenile offense.
3. Inside a facility which provides inpatient or custodial care of those with psychiatric, mental, or emotional disorders.
4. Inside a courthouse, courthouse annex, a building in which a district attorney's office is located, or a building in which a county commission or city council is currently having a regularly scheduled or specially called meeting or the primary office of any elected official. For purposes of this subdivision, “courthouse annex” means either of the following:
   1. A building constructed, purchased, or repurposed as part of a courthouse complex, judicial complex, or probate court, for so long as the building is actively and regularly used for that purpose.
   2. A building or part of a building that, by order of any judge or probate judge, is having regularly scheduled or specially called judicial proceedings. A building or part of a building that is a courthouse annex pursuant to this subparagraph shall be a courthouse annex only for the duration of the judicial proceedings and any other related activities that the judge orders necessary. 13A–11–61.2
5. Inside any facility hosting an athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education, (this does not apply to pistol license holders under 13A-11-75(a)(1))
6. Inside any facility hosting a professional athletic event not related to or involving firearms (this does not apply to pistol license holders under 13A-11-75(a)(1))
7. Alabama State House (2011 AL OHJR 9)

Ala. Code § 13A-11-61.2 (a)

A person, including a person with a permit, without the express permission of a person or entity with authority over the premises, may not knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers that prevent persons entering the facility from bringing prohibited items into the facility.

Ala. Code § 13A-11-61.2

Alabama Schools
Alabama law generally prohibits knowingly, with intent to do bodily harm, carrying or possessing a firearm on the premises of a public school, However, permit holders may carry a firearm on the premises of a public school.

The term, “public school,” applies only to a school composed of grades K-12, but includes a school bus used for grades K-12. Alabama has no law restricting firearms on the campuses of colleges or universities.

Ala. Code § 13A-11-72 (d)

Demonstrations at Public Places
It shall be unlawful for any person, other than a law enforcement officer, to have in his or her possession or on his or her person or in any vehicle any firearm while participating in or attending any demonstration being held at a public place.

It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was in possession of any firearm. This subsection shall not apply to any person in possession of or having on his or her person any firearm within a private dwelling or other private building or structure. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided by law.

Ala. Code § 13A-11-59

Carrying on Private Property
Except as otherwise provided in this article, no person shall carry a pistol about his person on private property not his own or under his control unless the person possesses a valid concealed weapon permit or the person has the consent of the owner or legal possessor of the premises; but this section shall not apply to any law enforcement officer in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.
Ala. Code § 13A-11-52

Alabama Employers
a. Except as provided in subdivision (b), a public or private employer may restrict or prohibit its employees, including those with a permit issued or recognized under Section 13A-11-75, from carrying firearms while on the employer's property or while engaged in the duties of the person's employment. b. 1. A public or private employer may not restrict or prohibit the transportation or storage of a lawfully possessed pistol or ammunition for that pistol in an employee's privately owned motor vehicle while parked or operated in a public or private parking area; provided, that the employee satisfies all of the following conditions:
a. The motor vehicle is operated or parked in a location where it is otherwise permitted to be.
b. The pistol is either of the following:

1. In a motor vehicle attended by the employee, kept from ordinary observation within the person's motor vehicle. 2. In a motor vehicle unattended by the employee, kept from ordinary observation and locked within a compartment, container, or in the interior of the person's privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.

Ala. Code § 13A-11-90

Disorderly Conduct (Brandishing) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he or she does any of the following:

1. Engages in fighting or in violent tumultuous or threatening behavior.
2. Makes unreasonable noise.
3. In a public place uses abusive or obscene language or makes an obscene gesture.
4. Without lawful authority, disturbs any lawful assembly or meeting of persons.
5. Obstructs vehicular or pedestrian traffic, or a transportation facility.
6. Congregates with other person in a public place and refuses to comply with a lawful order of law enforcement to disperse.

b. Disorderly conduct is a Class C misdemeanor. c. The mere carrying of a pistol, holstered or otherwise secured on or about one's person, without brandishing the weapon, in a public place, in and of itself, is not a violation of this section. For purposes of this subsection, "brandishing" shall mean the waving, flourishing, displaying, or holding of 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.

Ala. Code § 13A-11-7 (a)

Possession of Firearms Prohibited (b)(1) Notwithstanding the provisions of subsection (a), and in addition to any other place where possession of a firearm or a pistol is prohibited by federal or state law or may be prohibited pursuant to federal or state law, including, but not limited to, Section 13A-11-52, a person, including a person with a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85, without the express permission of a person or entity with authority over the premises, may not knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers that prevent persons entering the facility from bringing prohibited items into the facility. (c) The person or entity with authority over the premises set forth in subdivisions (1) to (6), inclusive, of subsection (a) and subsection (b) shall place a notice at the public entrances of such premises or buildings alerting those entering that firearms are prohibited.

Ala. Code § 13A-11-61.2

Alabama law does not address the issue of carrying a firearm under the influence of alcohol or controlled substances.

Vehicle Storage in Prohibited Areas: Any firearm on the premises of any facility set forth in subdivision (1) of subsection (a), or subdivisions (4) to (6) inclusive, of subsection (a), or subsection (b) shall be kept from ordinary observation and locked within a compartment or in the interior of the person's motor vehicle or in a compartment or container securely affixed to the motor vehicle.

Ala. Code § 13A-11-61.2(d)

Alabama does not have any laws specifically related to how firearms must be stored.

Duty to Inform Law Enforcement Any person who knowingly possesses a pistol or firearm concealed on or about his or her person or in a vehicle occupied by the person, and who is asked by a law enforcement officer operating in the line or scope of his or her official duties whether he or she is armed with a concealed pistol or firearm, shall immediately inform the law enforcement officer that the person is in possession of a pistol or firearm.

Ala. Code § 13A-11-95

Alabama Traffic Stops with Firearms
A person who is the driver or occupant of any motor vehicle that is stopped as a result of a traffic stop or as a result of a stop for another law enforcement purpose and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle shall not knowingly touch the handgun with his or her hands or fingers at any time after a person known to be a law enforcement officer begins approaching and before the law enforcement officer terminates contact with the person, unless the person has contact with the loaded handgun pursuant to, and in accordance with, directions given by the law enforcement officer.

Ala. Code § 13A-11-96(a)

Law Enforcement Temporary Custody of Firearm
(a) If at any time during an investigation a law enforcement officer acting in the lawful discharge of the officer's official duties has a reasonable suspicion that an individual is engaged or is about to be engaged in criminal conduct, or the officer determines that a reasonable person would believe that it is necessary for the protection of the officer, individual, or any other individual, the officer may temporarily take into custody the firearm that could be used to engage in criminal conduct or to cause harm to the officer, individual, or any other individual.
(b) While the firearm is in the law enforcement officer's possession, and if the officer has a reasonable suspicion that an individual is engaged or is about to be engaged in criminal conduct, the law enforcement officer may conduct a search of any available local, state, or federal criminal history and weapons databases to determine whether the individual is prohibited from possessing the firearm or whether the firearm should not be returned to the individual pursuant to state or federal law.

(c) The law enforcement officer shall return the firearm to the individual before discharging the individual from the scene if the officer determines that both of the following are fulfilled:

(1) The individual is not an immediate threat to the officer, individual, or any other individual.

(2) The individual has not committed a violation that results in the arrest of the individual.

Ala. Code § 13A-11-97

Alabama does not have Emergency Risk Orders ("Red Flag Laws").

Alabama Force in Defense of a Person A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person, if the person reasonably believes that another person is:

1. Using or about to use unlawful deadly physical force.
2. Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.
3. Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.
4. Using or about to use physical force against an owner, employee, or other person authorized to be on business property when the business is closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a crime of a sexual nature involving a child under the age of 12.
5. In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, business property, or occupied vehicle, or federally licensed nuclear power facility, or is in the process of sabotaging or attempting to sabotage a federally licensed nuclear power facility, or is attempting to remove, or has forcefully removed, a person against his or her will from any dwelling, residence, business property, or occupied vehicle when the person has a legal right to be there, and provided that the person using the deadly physical force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring.

Ala. Code § 13A-3-23

Alabama does not have a law specific to the defense of others but does allow for the defense of a third person in its defense-of-person law.

Alabama Force in Defense of Premises a. A person in lawful possession or control of premises, as defined in Section 13A-3-20, or a person who is licensed or privileged to be thereon, may use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon such premises. b. A person may use deadly physical force under the circumstances set forth in subsection (a) of this section only:

1. In defense of a person, as provided in Section 13A-3-23; or
2. When he reasonably believes it necessary to prevent the commission of arson in the first or second degree by the trespasser.

Ala. Code § 13A-3-25

Alabama Force in Defense of Property A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises.

Ala. Code § 13A-3-26

Alabama Self-Defense Immunity

1. A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.
2. Prior to the commencement of a trial in a case in which a defense is claimed under this section, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether force, including deadly force, used by the defendant was justified or whether it was unlawful under this section. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.
3. If, after a pretrial hearing under subdivision (2), the court concludes that the defendant has proven by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
4. If the defendant does not meet his or her burden of proving immunity at the pre-trial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.

Ala. Code § 13A-3-23 (d)

Alabama Stand-Your-Ground Law A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.

Ala. Code § 13A-3-23

Alabama Self-Defense Exclusions

A person is not justified in using physical force if:

1. With intent to cause physical injury or death to another person, he or she provoked the use of unlawful physical force by such other person.
2. He or she was the initial aggressor, except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter person nevertheless continues or threatens the use of unlawful physical force.
3. The physical force involved was the product of a combat by agreement not specifically authorized by law.

Ala. Code § 13A-3-23 (c)

Alabama Self-Defense Exclusions The legal presumption that a person using deadly physical force is justified to do so pursuant to this subdivision does not apply if:

1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;
2. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;
3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
4. The person against whom the defensive force is used is a law enforcement officer acting in the performance of his or her official duties.

Ala. Code § 13A-3-23 (a) (5)

Cruelty to a dog or cat shall not apply to any of the following persons or institutions (3) Any person who kills a dog or cat found outside of the owned or rented property of the owner or custodian of the dog or cat when the dog or cat threatens immediate physical injury or is causing physical injury to any person, animal, bird, or silvicultural or agricultural industry. (4) A person who shoots a dog or cat with a BB gun not capable of inflicting serious injury when the dog or cat is defecating or urinating on the person's property.

Ala. Code § 13A-11-246