Alabama Open Carry

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    Alabama State Legislators and Current Governor
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    Members of Alabama Open Carry
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To: Alabama State Legislators and Current Governor

We hold that all citizens who may lawfully purchase and possess a handgun be allowed to carry openly in public in the State of Alabama, except for those places prohibited by law, without undue and unreasonable interference from law enforcement agencies or officers. This request simply asks that the legislature embody in plain language law the rulings of Alabama courts, including it's Supreme Court, which have for at least 160 years repeatedly ruled unconcealed and unlicensed carry of a firearm to be legal. The primary cases supporting this are State v Reid, Supreme Court of Alabama 1840; Looney v State, Court Of Appeals of Alabama 1962; Morris v State, Court of Criminal Appeals of Alabama 1977; and KJ v State, Court of Criminal Appeals of Alabama 1997. In each of these cases, the courts affirm the legality of carrying unconcealed firearms, particularly handguns. None of these cases have been overturned or superseded and reference other cases, case law and Alabama Law Code which support open carry. We ask these changes in the language of the law be made:

1. Any person may peaceably openly carry a firearm loaded or unloaded, while on foot, or in public where allowed, or openly in a vehicle without a permit. Any person peaceably, legally carrying unconcealed shall not be harassed, detained, incarcerated, or otherwise have their rights violated for merely openly carrying.

2. A citizen can carry firearms openly, for any lawful purpose, on their own property, any property under their control, any public property, commercial private property doing business with the general public, or any other private property where firearms carry has not been denied, either by posted signs or verbally instructed by the owners or persons in charge of the property.

3. That Alabama become a "Shall Issue" state as concerns the issue of a concealed carry license. That the only bar to such license be the same as those restricting the lawful purchase and or possession of firearms. Therefore, no local government, sheriff etc. can decide differently on state laws - no discretionary requirements are needed after meeting the "Proper Person" requirements to initially obtain a concealed license.

4. Disorderly Conduct and Disturbing the Peace laws cannot be used as "Catch All" charges for a person who is peaceably, lawfully openly carrying. Law enforcement may NOT confiscate or run serial number checks for peaceably open carrying. Nor can they demand a Social Security Number, nor require an individual to produce identification. Nor may any firearm lawfully carried concealed or unconcealed be taken from it's owner and fired for ballistic testing without a warrant plainly stating reasonable probable cause.

5. Remove 13a-11-52 from the code. 13a-11-52 is outdated and was revised by 13A-11-73, and only exists as a source of confusion.