Alabama HB405: Permitless Carry, Restricted Places, and Penalties

Alabama’s constitutional carry law lets any adult 19 or older who isn’t legally barred from possessing a firearm carry a handgun, openly or concealed, without a state-issued permit. The law took effect on January 1, 2023. Permitless doesn’t mean rule-free: Alabama still restricts where firearms can go, requires you to answer honestly if an officer asks whether you’re armed, and keeps certain people from possessing firearms at all.

Who Can Carry Without a Permit

You must be at least 19 years old and not prohibited from possessing a firearm under state or federal law. Active-duty military members, retired military, and honorably discharged veterans can carry at 18.1Alabama Legislature. Alabama Code 13A-11-75 – Permit to Carry Pistol in Vehicle or Concealed on Person

Section 13A-11-72 bars firearm possession by anyone who:2Alabama Legislature. Alabama Code 13A-11-72 – Certain Persons Forbidden to Possess Firearm

  • Has been convicted of a crime of violence or a misdemeanor domestic violence offense, whether in Alabama or elsewhere.
  • Is subject to a valid domestic abuse protection order.
  • Has been adjudicated of unsound mind or involuntarily committed to a psychiatric facility.
  • Has a drug addiction or is a habitual drunkard.
  • Is under 19, with narrow exceptions for supervised hunting, target shooting, and firearms safety courses.

These prohibitions predate constitutional carry and were not changed by it. If any apply to you, possessing a handgun remains illegal.

Answering an Officer’s Question

This is the rule most people miss. Under Section 13A-11-95, if a law enforcement officer asks whether you’re carrying a concealed firearm, you must immediately tell the truth.3Alabama Legislature. Alabama Code 13A-11-95 – Duty to Inform Law Enforcement The rule applies whether you’re on foot or in a vehicle. You don’t have to volunteer the information first, but staying silent or lying when asked is its own offense. During a traffic stop, keep your hands visible and answer directly if the question comes up.

Where You Still Cannot Carry

Permitless carry doesn’t override the state’s location bans. Section 13A-11-61.2 prohibits firearms inside:4Alabama Legislature. Alabama Code 13A-11-61.2 – Possession of Firearms in Certain Places

  • Police stations, sheriff’s offices, and highway patrol stations.
  • Prisons, jails, halfway houses, community corrections, and other detention facilities.
  • Any facility providing inpatient or custodial care for mental, psychiatric, or emotional disorders.
  • Courthouses and courthouse annexes, buildings housing a district attorney’s office, the primary office of any elected official, and buildings where a county commission or city council is actively meeting.
  • Facilities hosting K-12 or college athletic events that don’t involve firearms. Permit holders are exempted from this one.
  • Any building secured by metal detectors, key cards, turnstiles, or similar features to keep prohibited items out, provided “No Firearms” signs are posted at public entrances.

Section 13A-11-59 separately bans carrying any firearm while participating in or attending a demonstration at a public place. It’s also illegal to possess a firearm within 1,000 feet of a demonstration after an officer has informed you one is happening and ordered you to leave. “Public place” is defined broadly and includes sidewalks, parking lots, storefronts, and public buildings.

Federal Property

Alabama’s law has no effect on federal restrictions. Under 18 U.S.C. § 930, carrying a firearm into a federal facility such as a post office, Social Security office, or VA building is a federal crime punishable by up to a year in prison. Bringing one into a federal court facility carries up to two years, and up to five if the firearm was intended for use in a crime.5Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities These apply regardless of Alabama law.

Private Property and No-Firearms Signs

Alabama has no statute giving a “No Firearms” sign on private property the force of criminal law. The sign alone won’t produce a firearms charge. But if a property owner or business asks you to leave because you’re armed and you refuse, you can be charged with criminal trespassing. Ignoring a posted sign won’t get you arrested on the spot; staying after being told to leave will. Private employers can set firearms policies for their buildings and enforce them the same way.

Penalties for Carrying Somewhere You Shouldn’t

Carrying in one of the state-prohibited locations under Section 13A-11-61.2 is a Class C misdemeanor. It’s less serious than a felony, but a conviction still creates a criminal record. A federal violation under 18 U.S.C. § 930 is a separate offense with its own, steeper penalties. Carrying while you’re a prohibited person under Section 13A-11-72, whether because of a prior violent conviction, a protection order, or another disqualifier, is treated more seriously than walking into the wrong building with a firearm you’re otherwise legally allowed to possess.

Visitors and Out-of-State Permits

Because Alabama no longer requires a permit, the permitless framework covers anyone legally eligible, not just Alabama residents. If you’re visiting and can lawfully possess a firearm under your home state’s law and federal law, you can carry here without an Alabama permit.

Alabama also recognizes any valid out-of-state concealed carry permit under Section 13A-11-85. Your home-state permit remains valid while you’re in Alabama, but you have to follow Alabama’s carry restrictions and prohibited-location rules while you’re here.6Alabama Legislature. Alabama Code 13A-11-85 – Reciprocity for Licenses Issued in Other States Alabama does not issue concealed carry permits to non-residents.7Alabama Law Enforcement Agency. Gun Laws

Reasons to Still Get an Alabama Permit

Reciprocity is the biggest one. Many states still require a license for concealed carry, and Alabama’s permit is recognized by a number of them. If you travel, your Alabama permit may be the only thing that lets you carry legally out of state. Without it, you’d need to work through each state’s own permitting process or leave the firearm behind. The Alabama Attorney General maintains and publishes the list of states that recognize Alabama permits.

An Alabama permit also qualifies as an alternative to the federal NICS background check when you buy a firearm from a licensed dealer. Both the standard and lifetime permits qualify as long as the permit was issued within the past five years.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart Dealers aren’t required to accept a permit in place of a NICS check, but most do, and it can save real time when background checks are running slow.

Then there’s the athletic-event exemption. Under Section 13A-11-61.2, permit holders are specifically allowed to carry at school or college athletic events that don’t involve firearms. Without a permit, that’s a Class C misdemeanor. If you regularly go to high school football games or college sporting events and want to carry, a permit is the only legal way to do it.

Permits are issued by the sheriff of your county of residence for a one-year or five-year term, defaulting to $25 for one year or $125 for five years when no local fee schedule sets a different amount. After you have a standard permit, you can apply for a lifetime permit for $300, or $150 if you’re 60 or older. The sheriff must approve or deny an application within 30 days.