What Are the Gun Laws in Birmingham, AL?
Gun laws across the country are a common source of confusion, and Alabama is no exception, where the rules have changed significantly in recent years. If you live in Birmingham or elsewhere in the state, it is important to know what the law currently allows and what could happen if you run into legal trouble.
Continue reading to learn more about what Alabama law has to say on the topic, and reach out to a defense attorney for a free consultation if you’re facing weapons charges in the area.
Permitless Carry in Alabama
Alabama became a permitless carry state in 2023. This means that most adults can carry a handgun without obtaining a permit or taking other steps, such as completing a training course.
To carry a firearm under this law, you must meet the following requirements:
- You must be at least 19 years old (or 18 in some circumstances, like if you are active-duty military)
- You must be legally permitted to possess a firearm under both Alabama and federal law
- You must not fall into any of the categories of prohibited persons under state and federal statutes
While a permit is no longer required, Alabama still offers an optional pistol permit through your county sheriff. Many people choose to obtain one for the purpose of carrying in other states that honor Alabama permits through reciprocity agreements.
Where You Cannot Carry a Firearm in Birmingham
Permitless carry does not mean you can bring a firearm everywhere. Alabama’s gun laws still identify several locations where carrying a gun is prohibited.
Off-limits areas include:
- Police stations
- Jails and other detention facilities
- Courthouses and facilities used for court proceedings
- School buildings and grounds
- Facilities providing inpatient mental health care
- Any location where carrying a firearm is prohibited under federal law, such as post offices and other federal buildings
Private property owners also have the right to prohibit firearms on their premises. If you are asked to leave a property because you are carrying, you are required to comply. Refusing to do so could result in trespassing charges.
Who Is Prohibited From Carrying a Firearm in Alabama?
Not everyone is legally allowed to possess or carry a firearm in Alabama.
Under state and federal law, the following individuals are generally prohibited:
- Anyone convicted of a felony offense, subject to certain limitations
- Anyone convicted of a misdemeanor crime of domestic violence
- Individuals subject to certain domestic violence protection orders
- Anyone who has been adjudicated as mentally incompetent
Carrying a firearm while falling into one of these categories is a criminal offense and can result in serious penalties.
Stand Your Ground and Castle Doctrine
Alabama recognizes both the castle doctrine and the stand-your-ground principle. Under state law, you have no duty to retreat before using force in self-defense if you are in a place where you have a legal right to be. Inside your home, the law provides even more robust protections, allowing the use of force against someone who unlawfully enters or attempts to enter your dwelling.
These protections are not unlimited, however. The use of force must still be reasonable under the circumstances, and deadly force is only justified when you reasonably believe it is necessary to prevent serious physical harm.
Contact the Birmingham Criminal Defense Lawyers at Jaffe, Hanle, Whisonant & Knight, P.C. for Help Today
Alabama’s gun laws may be more permissive than those of many other states, but there are still situations where carrying a firearm can lead to criminal charges. If you’ve recently been charged with a gun-related offense, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800