Alabama

Summary of State Firearms Law

Last updated August 17, 2010.

Overview

In its publication Gun Laws Matter: A Comparison of State Firearms Laws and Statistics, LCAV ranked each state based on a review of state laws in 25 different firearms-related policy areas. Alabama ranked 24th out of 50 – having enacted few gun violence prevention laws. 

While Alabama does require handgun dealers to obtain a state license, this requirement does not apply to dealers who only sell rifles and shotguns.  In addition, Alabama does not:

• Require a background check prior to the transfer of a firearm between private parties;

• Prohibit the transfer or possession of assault weapons, 50 caliber rifles, or large capacity ammunition magazines;

• Limit the number of firearms that may be purchased at one time;

• Impose a waiting period on firearm purchases; or

• Regulate unsafe handguns (“junk guns” or “Saturday night specials”).

Local governments in Alabama generally lack authority to regulate firearms or ammunition, although local law enforcement has some discretion in determining whether to issue a permit to carry a concealed firearm.

Statistics

Gun Deaths in Alabama

Alabama ranks 4th among the states in number of gun deaths per capita.  In 2007, 812 people died from firearm-related injuries in Alabama.¹

Crime Guns in Alabama

Alabama is one of the top suppliers of guns recovered in crimes in other states. In 2007, Alabama ranked 5th nationwide in terms of the number of crime guns supplied to other states per capita.²

In 2009, 4,248 firearms were recovered in Alabama and 2,891 were successfully traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these 2,891 firearms, 2,272 were originally sold by gun dealers in Alabama.³

Number of Federally Licensed Firearms Dealers in Alabama

There are 983 federally licensed firearms dealers and pawnbrokers in Alabama.⁴

State "Right to Bear Arms"

Alabama’s constitution provides for the keeping and bearing of arms, but permits gun regulation for public health and safety purposes.  See LCAV’s State Right to Bear Arms Provisions for more-detailed information.

Local Authority to Regulate Firearms

Alabama has preempted most areas of local firearms regulation.  See LCAV’s State Preemption/Local Authority to Regulate Firearms summary for further information.

State Firearms Policies

Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Persons Prohibited from Firearm Possession

Prohibited Purchasers Generally

See Regulating Guns in America:  Prohibited Purchasers for a comprehensive discussion of this issue.

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness. Alabama law provides that, subject to certain limited exceptions, no person shall possess or own a handgun if he or she:

• Has been convicted of committing, or attempting to commit, a crime of violence; or

• Is a drug addict or a habitual drunkard.⁵

Crimes of violence include murder, manslaughter (except manslaughter arising out of the operation of a vehicle), rape, mayhem, assault with intent to rob, assault with intent to ravish, assault with intent to murder, robbery, burglary, kidnapping and larceny.⁶ 

For information on the background check process used to enforce these provisions, see the Alabama Background Checks section.

Alabama has no laws preventing the purchase or possession of firearms by: 

• Persons with mental illness;

• Persons subject to domestic violence restraining orders; or

• Juvenile offenders.

Minimum Age to Purchase / Possess

See Regulating Guns in America:  Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue.

Alabama law prohibits any person from selling, giving or lending a handgun to any person under age 18.⁷  Alabama law also prohibits the delivery of a handgun to any person under the age of 18.⁸ Federal age restrictions impose additional limits.

Domestic Violence & Firearms

See Regulating Guns in America:  Domestic Violence and Firearms for a comprehensive discussion of this issue.

Alabama law does not:

• Prohibit individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition;

• Prohibit individuals subject to domestic violence protective orders from possessing firearms or ammunition;

• Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition under federal law;

• Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law; or

• Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.

The only provision of Alabama law addressing firearms in domestic violence situations authorizes a judge or magistrate, who is releasing a person who has been charged with domestic violence or violation of a protection order on bail, to prohibit the person from possessing a firearm, as a condition of bail, except when such weapon is necessary for the person’s employment as a peace officer or military personnel.⁹

Disarming Prohibited Persons

Alabama has no law requiring the removal of firearms from persons who have become prohibited from possessing them.

Sales & Transfers

Background Checks

See Regulating Guns in America:  Background Checks for a comprehensive discussion of this issue.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Alabama is not a point of contact state for the NICS.  Alabama law simply reiterates the federal requirement that firearms dealers must initiate background checks prior to transferring firearms.¹⁰  As a result, in Alabama, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.¹¹ Alabama law also independently requires licensed handgun dealers to view a purchaser’s identification before transferring a handgun.¹²

Alabama also does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm.  See Regulating Guns in America:  Private Sales.

Mental Health Reporting

See Regulating Guns in America:  Mental Health Reporting for a comprehensive discussion of this issue.

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”¹³ No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

Alabama law states: “To the extent possible, all information from any state or local government agency that is necessary to complete a NICS check shall be provided to the Criminal Justice Information Center.” The law also requires the Alabama Criminal Justice Information Center Commission to promulgate rules and regulations necessary to implement a complete NICS Check. The commission must also ensure that all information received is used solely for the purposes of compliance with NICS and every effort is made to protect the privacy of this information.¹⁴

Alabama requires judges who enter final orders for involuntary commitment for inpatient treatment to the Department of Mental Health or a Veterans’ Administration hospital to forward such orders to the state’s Criminal Justice Information Center (CJIC).  However, this requirement applies only to commitment orders based on evidence that the person has a history of inappropriate use of firearms or poses a threat to use firearms inappropriately.  CJIC must enter the information into the NICS Denied Persons File. The records may only be used for purposes of determining eligibility to purchase or transfer a firearm.¹⁵

Restoration of rights: When any individual who has been committed is released, the person may petition the judge of probate for a review of the person's mental capacity to purchase a firearm. The judge may enter an order finding that the person is not subject to a mental infirmity requiring a limitation on the purchase of a firearm. A copy of the order must be forwarded to CJIC directing that the prior order be removed from CJIC. CJIC must redact the prior order from NICS or request such a redaction as soon as possible.¹⁶

For general information on the background check process and categories of prohibited purchasers or possessors, see the Alabama Background Checks section and the section entitled Alabama Prohibited Purchasers Generally.

Multiple Purchases / Sales of Firearms

Alabama imposes no restrictions on purchases or sales of multiple firearms. See Regulating Guns in America:  Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue.

Retention of Sales / Background Check Records

See Regulating Guns in America:  Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue.

Alabama law requires all handgun dealers to create a record in triplicate for every handgun sold.  The record must include the date of sale, serial number or other identification marks, manufacturer's name, caliber and type of firearm, the name, address, “color”, occupation, and place of birth of the purchaser, the signature of both the seller and the purchaser, and a statement signed by the purchaser that he or she has never been convicted in this state or elsewhere of a crime of violence.  The dealer must send one copy within six hours by registered or certified mail to the local chief of police of the municipality or the sheriff of the county; the dealer must within seven days send the duplicate to the Secretary of State and retain the triplicate for six years.¹⁷ The dealer must maintain certain elements of the record, including the name and address of the purchaser and the date of sale, serial number or other identification marks, manufacturer's name, caliber and type of the firearm, permanently. The record must always be open for inspection by any peace officer of the State of Alabama or any municipality thereof. The failure to keep such record subjects the person to having his or her handgun dealer license revoked.¹⁸

Waiting Periods

Alabama has no law imposing a waiting period prior to purchase of a firearm. A 48-hour waiting period for handguns was repealed in 2000 by Section 4 of Act 2000-762. See Regulating Guns in America:  Waiting Periods for a comprehensive discussion of this issue.

Gun Dealers & Other Sellers

Dealer Regulations

See Regulating Guns in America:  Dealer Regulations for a comprehensive discussion of this issue.

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees. 

Alabama law requires every retail dealer of handguns (but not rifles or shotguns) to obtain a local license.¹⁹  A city, town or political subdivision may grant retail firearms dealer licenses that are effective for no more than one year, subject to the following conditions:

• The business must be carried on only in the building designated in the license;

• The license or a copy thereof, certified by the issuing authority, must be displayed on the premises where it can easily be read;

• No handgun may be sold in violation of state law;

• No handgun may be sold unless the purchaser is personally known to the seller or presents clear evidence of his or her identity;

• A record shall be made of every handgun sold (see the Alabama Retention of Sales / Background Check Records section); and

• No handgun or imitation handgun or placard advertising the sale thereof shall be displayed where it can readily be seen from the outside.²⁰

The fee for issuing a firearms dealer license is 50 cents.²¹ Any person dealing in the sale of handguns is also required to pay a designated license tax of $150 in cities and towns of 35,000 or more inhabitants, or $100 in all other places.²²

Private Sales

See Regulating Guns in America:  Private Sales for a comprehensive discussion of this issue.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 has been convicted of a crime of violence, or is a drug addict, a habitual drunkard, or of unsound mind.²³ The only other Alabama laws governing such sales and transfers are those addressing the minimum age of the purchaser.

Gun Shows

See Regulating Guns in America:  Gun Shows for a comprehensive discussion of this issue.

Alabama does not explicitly regulate gun shows. In addition, Alabama law provides that "[n]o county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows."²⁴ See the Alabama Private Sales section for additional laws that apply at gun shows.

Immunity Statutes

The Alabama Attorney General, by and with the consent of the Governor, has the exclusive authority to bring or settle any lawsuit resulting from or relating to the design, manufacture, marketing, or lawful sale of firearms or ammunition, or both, if the lawsuit is one:

• In which the state has an exclusive interest or right to recover against any firearm or ammunition manufacturer, trade association, or dealer; or

• On behalf of any governmental unit created by or pursuant to an act of the Legislature or the Constitution of Alabama of 1901, or any department, agency, or authority thereof.²⁵

A county or municipal corporation may, however, bring an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local governmental authority.

Alabama also immunizes sport shooting range owners and users from certain kinds of lawsuits. Alabama law states that any person, firm, or entity who operates or uses a sport shooting range shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution or lead or lead pollution resulting from the operation or use of the range.²⁶ Furthermore, any person, firm, or entity that operates or uses a sport shooting range is not subject to an action for nuisance and is not subject to injunction to stop the use or operation of the shooting range on the basis of noise or noise pollution or lead or lead pollution.²⁷

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information.

Gun Owner Responsibilities

Firearms in Public Places

Concealed Weapons Permitting

See Regulating Guns in America:  Carrying Concealed Weapons for a comprehensive discussion of this issue.

Alabama does not prohibit a person from carrying a concealed firearm in public if the person has a concealed handgun license. Generally, no person may carry a handgun concealed on or about his or her person, except on his or her land, in his or her abode or fixed place of business, without a concealed handgun license.²⁸ However, a defendant being tried for carrying a concealed firearm in public without a license may give evidence that at the time of carrying the concealed weapon, he has good reason to apprehend an attack, which the jury may consider in mitigation of the punishment or in justification of the offense.²⁹

Alabama is a "may issue" state, meaning that the sheriff of a county has discretion in determining whether or not to issue a concealed handgun license to an applicant.³⁰ Upon receiving an application from any person residing in the county, the sheriff may issue a qualified or unlimited license if:

• It appears that the applicant has good reason to fear injury to his or her person or property, or has any other proper reason for carrying a handgun; and

• The applicant is a suitable person to be so licensed.³¹

A background check is required.³²

Firearm Safety Training

Alabama does not require an applicant for a concealed handgun license to complete a firearm safety course or otherwise demonstrate knowledge of firearm safety prior to issuance of a license.

Duration & Renewal

An Alabama license to carry a concealed handgun expires not more than one year from the date of issue.  The sheriff may also revoke a license upon proof that the licensee is not a proper person to be licensed.³³  

Disclosure or Use of Information

An Alabama law enacted in 2009 prohibits the disclosure of the name, address, or signature of any applicant for a concealed handgun license or of any concealed handgun licensee. Such information may only be used for law enforcement purposes except when a current licensee is charged in any state with a felony involving the use of a pistol. The sheriff of a county must redact the name, address, signature, and photograph of an applicant or licensee before releasing a copy of a license for a non-law enforcement purpose. Other information, including the annual number of applicants, number of licenses issued, number of licenses denied, revenue from issuance of licenses, and any other fiscal or statistical data remains public.³⁴    

Reciprocity

Alabama generally recognizes reciprocal concealed weapons permits from other states, so long as those states recognize and give effect to Alabama concealed handgun licenses. A license holder from another state must carry a handgun in compliance with the laws of Alabama.³⁵ For a list of states with which Alabama has entered into full or partial reciprocal agreements, see the Alabama Reciprocal Gun Law page of the Alabama Attorney General's web site.

Open Carrying

Alabama does not prohibit the open carrying of firearms in public. Alabama prohibits any person from possessing a firearm while participating in or attending any demonstration held at a public place.³⁶ It is also unlawful for any person to possess a firearm within 1,000 feet of a demonstration at a public place, after having been ordered by a law enforcement officer to remove himself or herself from the prescribed area.³⁷

Location Restrictions

Guns in Vehicles

Alabama prohibits the carrying of a handgun in any vehicle without a concealed handgun license, except on the possessor's land or at his or her fixed place of business.³⁸

Guns in Schools

Subject to limited exceptions, Alabama law prohibits knowingly, with intent to do bodily harm, carrying or possessing a firearm on the premises of a public school.³⁹ The term "public school" applies only to a school composed of grades K-12, but includes a school bus used for grades K-12.⁴⁰ Alabama law also requires the expulsion of any student, for a period of one year, who has possessed a firearm in a school building, on school grounds, on school buses, or at other school-sponsored functions.⁴¹ Alabama has no law restricting firearms on the campuses of colleges or universities. See LCAV’s policy page on Guns in Schools for a comprehensive discussion of this issue.

Other Location Restrictions

Alabama prohibits the carrying of a handgun on premises that are not owned or under the control of the possessor unless the person carries the handgun pursuant to a valid concealed handgun license.⁴² The possession of a firearm within any wildlife management area without a valid permit allowing this privilege is also prohibited.⁴³

Alabama has no statutes prohibiting firearms in the following places, although administrative regulations may apply:

• Hospitals;

• Places of worship;

• Sports arenas;

• Bars or restaurants where alcohol is served;

• Gambling facilities; or

• Polling places.

Consumer & Child Safety

Design Safety Standards for Handguns

Alabama does not specifically regulate junk guns or unsafe firearms. See Regulating Guns in America:  Design Safety Standards for Handguns for a comprehensive discussion of this issue.

Locking Devices

Alabama law does not require a locking device to accompany the sale of a firearm, nor require firearm owners to lock their weapons.  See Regulating Guns in America:  Locking Devices for a comprehensive discussion of this issue.

Personalized / Owner-Authorized Firearms

Alabama does not require firearms to be personalized. See Regulating Guns in America:  Personalized Firearms for a comprehensive discussion of this issue.

Child Access Prevention

Alabama has no law requiring firearm owners to prevent children from gaining access to firearms. See Regulating Guns in America:  Child Access Prevention for a comprehensive discussion of this issue.

Classes of Weapons / Ammunition

Assault Weapons

Alabama has no law regulating assault weapons. See Regulating Guns in America:  Assault Weapons for a comprehensive discussion of this issue.

Large Capacity Ammunition Magazines

Alabama has no law regulating large capacity ammunition magazines. See Regulating Guns in America:  Large Capacity Ammunition Magazines for a comprehensive discussion of this issue.

Fifty Caliber Rifles

Alabama has no law regulating fifty caliber rifles. See Regulating Guns in America:  Fifty Caliber Rifles for a comprehensive discussion of this issue.

Machine Guns / Automatic Firearms

Alabama law does not restrict the possession or transfer of machine guns.  Federal law generally allows the possession of machine guns manufactured prior to May 19, 1986 so long as they are registered. See LCAV’s policy page on Machine Guns for further information.

Non-Powder Guns

Alabama has no law restricting non-powder guns. See Regulating Guns in America:  Non-Powder Guns for a comprehensive discussion of this issue.

Ammunition Regulation

See Regulating Guns in America:  Ammunition Regulation for a comprehensive discussion of this issue.

Alabama law prohibits the possession or sale of brass or steel teflon-coated handgun ammunition or ammunition of like kind designed to penetrate bullet-proof vests.  However, this prohibition does not apply to the possession or sale of teflon-coated lead or brass ammunition designed to expand upon contact.⁴⁴

Alabama does not:

• Require a license for the sale of ammunition;

• Require sellers of ammunition to maintain a record of the purchasers; or

• Prohibit persons who are ineligible to possess firearms under state law from possessing ammunition, although the federal ammunition purchaser prohibitions apply.

Investigating Gun Crimes

Microstamping / Ballistic Identification

Alabama has no law regarding firearm microstamping or ballistic identification. See Regulating Guns in America:  Ballistic Identification for a comprehensive discussion of this issue.

Trafficking

Alabama prohibits the possession, receipt, sale, or use of a firearm after the maker, model, manufacturer's number or other mark or identification has been changed, altered, removed, or obliterated.⁴⁵ Alabama has no other laws aimed at firearms trafficking.

Other Significant Statutes

In 2009, Alabama enacted a law authorizing a law enforcement officer to disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer must return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.⁴⁶

State Links

Alabama Attorney General

Bureau of Alcohol, Tobacco, Firearms and Explosives, Nashville Field Division (AL, TN)

Footnotes

^1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2007 (2010), at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

^2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf.

^3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2009: Alabama, at http://www.atf.gov/statistics/download/trace-data/2009/2009-trace-data-alabama.pdf.

^4. U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, List of Federal Firearms Licensees (July 2010), at http://www.atf.gov/about/foia/ffl-list.html.

^5. Ala. Code § 13A-11-72.

^6. Ala. Code § 13A-11-70.

^7. Ala. Code § 13A-11-57.  See also Ala. Code § 13A-11-76 (defining minor as a person under age 18).

^8. Ala. Code § 13A-11-76.  However, Ala. Code § 13A-11-76 does not apply to the sale of handguns as curiosities or ornaments. Ala. Code § 13A-11-83.

^9. Ala. Code § 15-13-190.

^10. Ala. Code § 41-9-649.

^11. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005  (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.

^12. Ala. Code § 13A-11-79.

^13. 18 U.S.C. § 922(d)(4). 

^14. Ala. Code § 41-9-649.

^15. Ala. Code § 22-52-10.8(a).

^16. Ala. Code § 22-52-10.8(b).

^17. Ala. Code § 13A-11-79.

^18. Ala. Code § 40-12-143.

^19. Ala. Code § 13A-11-78.

^20. Ala. Code § 13A-11-79. These provisions do not apply to the sale of handguns as curiosities or ornaments. Section 13A-11-83.

^21. Id.

^22. Ala. Code § 40-12-143.

^23. Ala. Code § 13A-11-76.

^24. Ala. Code § 11-80-11(a).

^25. Ala. Code § 11-80-11(c).

^26. Ala. Code § 6-5-341(b)(2).

^27. Ala. Code § 6-5-341(b)(3). For these immunity provisions to apply, the range must be operated between the hours of 9:00 a.m. and 9:00 p.m., and either must have been in existence prior to 1990 or was in compliance with any noise or lead control laws or ordinances that applied to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever event occurred first. Ala. Code § 6-5-341(b)(2), (3).

^28. Ala. Code §§ 13A-11-73 and 13A-11-74. This prohibition does not apply, however, to any person permitted by law to possess a handgun while carrying it unloaded in a secure wrapper, from the place of purchase to his or her home or place of business, or to or from a place of repair or in moving from one place of abode or business to another. Ala. Code § 13A-11-74.

^29. Ala. Code § 13A-11-51.

^30. Ala. Code § 13A-11-75.

^31. Ala. Code § 13A-11-75.

^32. Id.

^33. Ala. Code § 13A-11-75.

^34. 2009 Al. ALS 711 § 1 (to be codified as Ala. Code § 13A-11-75(b)). 

^35. Ala. Code § 13A-11-85.

^36. Ala. Code § 13A-11-59(b).

^37. Ala. Code § 13A-11-59(c).

^38. Ala. Code § 13A-11-73. This prohibition does not apply, however, to any person permitted by law to possess a handgun while carrying it unloaded in a secure wrapper, from the place of purchase to his or her home or place of business, or to or from a place of repair or in moving from one place of abode or business to another. Ala. Code § 13A-11-74. This prohibition also does not apply to the transportation of handguns as curiosities or ornaments unloaded and in a bag, box or securely wrapped package, when not concealed on the person. Ala. Code § 13A-11-83.

^39. Ala. Code § 13A-11-72(c). The term "deadly weapon" includes any firearm. Ala. Code § 13A-11-72(g). 

^40. Ala. Code § 13A-11-72(f).

^41. Ala. Code § 16-1-24.3.

^42. Ala. Code § 13A-11-52.

^43. Ala. Code § 9-11-304.

^44. Ala. Code § 13A-11-60.

^45. Ala. Code § 13A-11-64(b).

^46. 2009 Al. ALS 572 (to be codified at Ala. Code §§ 31-9-8(d), 31-9-10(d)).