Alabama
Updated: Dec.10,2012
The Code of Alabama 1975. Posted July 9, 2004.
Title 13A Criminal Code
Article 3 Offenses Relating to Firearms and Weapons.
Division 1 General Provisions.
Section 13A-11-50 Carrying concealed weapons.
Section 13A-11-51 Evidence of apprehension of attack may mitigate punishment, etc.
Section 13A-11-52 Carrying pistol on premises not his own; who may carry pistol.
Section 13A-11-53 Brass knuckles and slingshots.
Section 13A-11-54 Carrying rifle or shotgun walking cane.
Section 13A-11-55 Indictment for carrying weapons unlawfully; proof.
Section 13A-11-56 Using firearms while fighting in public place.
Section 13A-11-57 Selling, etc., pistol or bowie knife to minor.
Section 13A-11-58 Sale of firearms or ammunition to residents of adjoining states; purchase in adjoining states.
Section 13A-11-59 Possession of firearms by persons participating in, attending, etc., demonstrations at public places.
Section 13A-11-60 Possession or sale of brass or steel teflon-coated handgun ammunition; applicability of section.
Section 13A-11-61 Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty.
Section 13A-11-50
Carrying concealed weapons.
Except as otherwise provided in this Code, a person who carries concealed about his person a bowie knife or knife or instrument of like kind or description or a pistol or firearm of any other kind or an air gun shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1852, §15; Code 1867, §3555; Code 1876, §4109; Code 1886, §3775; Code 1896, §4420; Code 1907, §6421; Code 1923, §3485; Code 1940, T. 14, §161; Code 1975, §13-6-120.)
Section 13A-11-51
Evidence of apprehension of attack may mitigate punishment, etc.
The defendant being tried under the provisions of Section 13A-11-50 may give evidence that at the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the jury may consider in mitigation of the punishment or in justification of the offense.
(Code 1852, §15; Code 1867, §3555; Code 1876, §4109; Code 1886, §3775; Code 1896, §4420; Code 1907, §6421; Code 1923, §3485; Code 1940, T. 14, §162; Code 1975, §13-6-121.)
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Section 13A-11-53
Brass knuckles and slingshots.
Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of like kind or description shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1876, §4110; Code 1886, §3776; Code 1896, §4421; Code 1907, §6422; Code 1923, §3486; Code 1940, T. 14, §164; Code 1975, §13-6-123.)
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Section 13A-11-55
Indictment for carrying weapons unlawfully; proof.
In an indictment for carrying weapons unlawfully, it is sufficient to charge that the defendant carried concealed about his person a pistol, or other description of firearms, on premises not his own, or a bowie knife, or other knife or instrument of the like kind or description, or other forbidden weapon, describing it, as the case may be; and the excuse, if any, must be proved by the defendant on the trial, to the satisfaction of the jury; and if the evidence offered to excuse the charge raises a reasonable doubt of the defendant’s guilt, the jury must acquit him.
(Code 1852, §586; Code 1867, §4136; Code 1876, §4809; Code 1886, §3779; Code 1896, §4424; Code 1907, §6425; Acts 1919, No. 204, p. 196; Code 1923, §3491; Code 1940, T. 14, §166; Code 1975, §13-6-125.)
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Section 13A-11-57
Selling, etc., pistol or bowie knife to minor.
Any person who sells, gives or lends to any minor any pistol or bowie knife, or other knife of like kind or description, shall, on conviction, be fined not less than $50.00 nor more than $500.00.
(Code 1852, §204; Code 1867, §3751; Code 1876, §4230; Code 1886, §4096; Code 1896, §5355; Code 1907, §6896; Code 1923, §4046; Code 1940, T. 14, §170; Code 1975, §13-6-128.)
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Alabama Case Law:
– A “butcher’s knife” 11 inches long overall is a knife “of
like kind or description” as a bowie knife (1897).
– “A ‘bowie knife’ ordinarily designates a long knife shaped
like a dagger, but having only one edge, and does not
include a knife which opens and shuts and is not too large
Alabama’s Firearms and Weapons Law
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Title 11 COUNTIES AND MUNICIPAL CORPORATIONS.
Title 2 PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY.
Chapter 45 ORDINANCES AND RESOLUTIONS
Section 11-45-1.1
Subject matter of handguns reserved to State Legislature; power of municipality to
adopt certain ordinances; concurrent jurisdiction of municipal courts with district
courts.
No incorporated municipality shall have the power to enact any ordinance, rule, or regulation
which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns
by the citizens of this state. The entire subject matter of handguns is reserved to the State
Legislature. This section shall not be construed to limit or restrict the power of a municipality to
adopt ordinances which make the violation of a state handgun law a violation of a municipal
ordinance to the same extent as other state law violations, or to limit or restrict the power of a
municipal court to exercise concurrent jurisdiction with the district court over violations of state
handgun laws which may be prosecuted as breaches of a municipal ordinance.
(Acts 1982, No. 82-442, p. 694, §1; Acts 1994, No. 94-635, p. 1195, §1.)
Title 11 COUNTIES AND MUNICIPAL CORPORATIONS.
Title 3 PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL
CORPORATIONS.
Chapter 80 GENERAL PROVISIONS
Section 11-80-1
Condemnation of lands for public building sites, roads, streets, construction materials,
etc.
(a) Counties and municipal corporations may condemn lands for public building sites or
additions thereto, or for enlargements of sites already owned, or for public roads or streets or
alleys, or for material for the construction of public roads or streets or for any other public use.
(b) Notwithstanding any other provision of law, a municipality or county may not condemn
property for the purposes of private retail, office, commercial, industrial, or residential
development; or primarily for enhancement of tax revenue; or for transfer to a person,
nongovernmental entity, public-private partnership, corporation, or other business entity.
Provided, however, the provisions of this subsection shall not apply to the use of eminent domain
by any municipality, housing authority, or other public entity based upon a finding of blight in an
area covered by any redevelopment plan or urban renewal plan pursuant to Chapters 2 and 3 of
Title 24, but just compensation, in all cases, shall continue to be first made to the owner. Nothing Alabama’s Firearms and Weapons Law
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in this article shall limit the exercise of eminent domain by or for the benefit of public utilities or
other entities engaged in the generation, transmission, or distribution of telephone, gas,
electricity, water, sewer, or other utility products or services. Nothing in this article shall be
interpreted to prohibit a municipal or county governing body from exercising the power of
eminent domain for the purpose of constructing, maintaining, or operating streets and roadways,
government buildings, or park and recreation facilities.
(c) Property condemned pursuant to the authorizations as described in subsections (a) and (b), if
not ever used for the purpose or purposes for which it was condemned or for some other public
use, that is subsequently determined to be sold first, shall be offered for sale to the person or
persons from whom the property was condemned, or his or her known or ascertainable heirs or
assigns, at the price which was paid for the property, less such amount, if any, as the person or
persons from whom the property was condemned shall show by good and sufficient
documentation to be the amount of income and transaction taxes, if any, actually paid in
connection therewith, and if the offer shall not be accepted within 90 days from the date it is
made, the property may be sold to any other person but only at public sale after legal notice is
given.
(Code 1907, §145; Code 1923, §223; Code 1940, T. 12, §197; Act 2005-313, 1st Sp. Sess., §2.)
Title 13A CRIMINAL CODE.
Chapter 11 OFFENSES AGAINST PUBLIC ORDER AND SAFETY.
Article 3 Offenses Relating to Firearms and Weapons.
Division 1 General Provisions.
Section 13A-11-50
Carrying concealed weapons.
Except as otherwise provided in this Code, a person who carries concealed about his person a
bowie knife or knife or instrument of like kind or description or a pistol or firearm of any other
kind or an air gun shall, on conviction, be fined not less than $50.00 nor more than $500.00, and
may also be imprisoned in the county jail or sentenced to hard labor for the county for not more
than six months.
(Code 1852, §15; Code 1867, §3555; Code 1876, §4109; Code 1886, §3775; Code 1896, §4420;
Code 1907, §6421; Code 1923, §3485; Code 1940, T. 14, §161; Code 1975, §13-6-120.) Alabama’s Firearms and Weapons Law
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Section 13A-11-51
Evidence of apprehension of attack may mitigate punishment, etc.
The defendant being tried under the provisions of Section 13A-11-50 may give evidence that at
the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the
jury may consider in mitigation of the punishment or in justification of the offense.
(Code 1852, §15; Code 1867, §3555; Code 1876, §4109; Code 1886, §3775; Code 1896, §4420;
Code 1907, §6421; Code 1923, §3485; Code 1940, T. 14, §162; Code 1975, §13-6-121.)
Section 13A-11-52
Carrying pistol on premises not his own; who may carry pistol.
Except as otherwise provided in this article, no person shall carry a pistol about his person on
premises not his own or under his control; but this section shall not apply to any sheriff or his
deputy or police officer of an incorporated town or city 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.
(Acts 1919, No. 204, p. 196; Code 1923, §3487; Code 1940, T. 14, §163; Code 1975, §13-6-
122.)
Section 13A-11-53
Brass knuckles and slingshots.
Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of
like kind or description shall, on conviction, be fined not less than $50.00 nor more than
$500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county
for not more than six months.
(Code 1876, §4110; Code 1886, §3776; Code 1896, §4421; Code 1907, §6422; Code 1923,
§3486; Code 1940, T. 14, §164; Code 1975, §13-6-123.)
Section 13A-11-54
Carrying rifle or shotgun walking cane.
Any person who carries a rifle or shotgun walking cane shall, on conviction, be fined not less
than $500.00 nor more than $1,000.00, and be imprisoned in the penitentiary not less than two
years.
(Code 1876, §4111; Code 1886, §3777; Code 1896, §4422; Code 1907, §6423; Code 1923,
§3489; Code 1940, T. 14, §165; Code 1975, §13-6-124.) Alabama’s Firearms and Weapons Law
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Section 13A-11-55
Indictment for carrying weapons unlawfully; proof.
In an indictment for carrying weapons unlawfully, it is sufficient to charge that the defendant
carried concealed about his person a pistol, or other description of firearms, on premises not his
own, or a bowie knife, or other knife or instrument of the like kind or description, or other
forbidden weapon, describing it, as the case may be; and the excuse, if any, must be proved by
the defendant on the trial, to the satisfaction of the jury; and if the evidence offered to excuse the
charge raises a reasonable doubt of the defendant’s guilt, the jury must acquit him.
(Code 1852, §586; Code 1867, §4136; Code 1876, §4809; Code 1886, §3779; Code 1896,
§4424; Code 1907, §6425; Acts 1919, No. 204, p. 196; Code 1923, §3491; Code 1940, T. 14,
§166; Code 1975, §13-6-125.)
Section 13A-11-56
Using firearms while fighting in public place.
Any person who, while fighting in the streets of any city or town, or at a militia muster, or at any
public place, whether public in itself, or made public at the time by an assemblage of persons,
uses or attempts to use, except in self-defense, any kind of firearms shall, on conviction, be fined
not less than $200.00 nor more than $500.00, and may also be imprisoned in the county jail or
sentenced to hard labor for the county for not less than six months.
(Code 1852, §129; Code 1867, §3671; Code 1876, §4228; Code 1886, §4094; Code 1896,
§5353; Code 1907, §6895; Code 1923, §4045; Code 1940, T. 14, §169; Code 1975, §13-6-127.)
Section 13A-11-57
Selling, etc., pistol or bowie knife to minor.
Any person who sells, gives or lends to any minor any pistol or bowie knife, or other knife of
like kind or description, shall, on conviction, be fined not less than $50.00 nor more than
$500.00.
(Code 1852, §204; Code 1867, §3751; Code 1876, §4230; Code 1886, §4096; Code 1896,
§5355; Code 1907, §6896; Code 1923, §4046; Code 1940, T. 14, §170; Code 1975, §13-6-128.)
Section 13A-11-58
Sale of firearms or ammunition to residents of other states; purchase in other states.
(a) Any resident of Alabama authorized to sell and deliver rifles, shotguns, and ammunition may
sell and deliver them to a resident of any state where the sale of the firearms and ammunition is
legal. Any purchaser of the firearm or ammunition may take or send it out of the state or have it
delivered to his or her place of residence. Alabama’s Firearms and Weapons Law
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(b) Any resident of Alabama who legally purchases rifles, shotguns, and ammunition in any state
where the purchase is legal may take delivery of the weapons either in the state where they were
purchased or in Alabama.
(Acts 1969, Ex. Sess., No. 175, p. 241; Code 1975, §13-6-130; Act 2007-196, p. 232, §1.)
Section 13A-11-59
Possession of firearms by persons participating in, attending, etc., demonstrations at
public places.
(a) For the purposes of this section, the following words and phrases shall have the meanings
respectively ascribed to them in this subsection, except in those instances where the context
clearly indicates a different meaning:
(1) DEMONSTRATION. Demonstrating, picketing, speechmaking or marching, holding of
vigils and all other like forms of conduct which involve the communication or expression of
views or grievances engaged in by one or more persons, the conduct of which has the effect,
intent or propensity to draw a crowd or onlookers. Such term shall not include casual use of
property by visitors or tourists which does not have an intent or propensity to attract a crowd or
onlookers.
(2) FIREARM. Any pistol, rifle, shotgun or firearm of any kind, whether loaded or not.
(3) LAW ENFORCEMENT OFFICER. Any duly appointed and acting federal, state, county or
municipal law enforcement officer, peace officer or investigating officer, or any military or
militia personnel called out or directed by constituted authority to keep the law and order, and
any park ranger while acting as such on the grounds of a public park and who is on regular duty
and present to actively police and control the demonstration, and who is assigned this duty by his
department or agency. Such term does not include a peace officer on strike or a peace officer not
on duty.
(4) PUBLIC PLACE. Any place to which the general public has access and a right to resort for
business, entertainment or other lawful purpose, but does not necessarily mean a place devoted
solely to the uses of the public. Such term shall include the front or immediate area or parking lot
of any store, shop, restaurant, tavern, shopping center or other place of business. Such term shall
also include any public building, the grounds of any public building, or within the curtilage of
any public building, or in any public parking lot, public street, right-of-way, sidewalk right-ofway, or within any public park or other public grounds.
(b) 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.
(c) 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 Alabama’s Firearms and Weapons Law
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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.
(d) Any person violating any of the provisions of this section shall be guilty of a misdemeanor
and shall be punished as provided by law.
(Acts 1979, No. 79-455, p. 743; Code 1975, §13-6-131.)
Section 13A-11-60
Possession or sale of brass or steel tefloncoated handgun ammunition; applicability of
section.
(a) Except as provided in subsection (b) of this section, the possession or sale of brass or steel
teflon-coated handgun ammunition is illegal anywhere within the State of Alabama. The
possession or sale of said ammunition or any ammunition of like kind designed to penetrate
bullet-proof vests, shall be unlawful and punishable as provided in subsection (c) of this section.
(b) The provisions of this section shall not apply to state or local law enforcement officers; nor
shall it apply to the possession or sale of teflon-coated lead or brass ammunition designed to
expand upon contact.
(c) Any person who while armed with a firearm in the commission or attempted commission of
any felony, has in his or her immediate possession, teflon-coated ammunition for such firearm,
upon conviction of such felony or attempted felony, in addition and consecutive to the
punishment prescribed for said felony or attempted felony, shall be punished by the imposition
of an additional term of three years in the penitentiary.
(d) Any person violating the provisions of this section shall be guilty of a Class C felony as
defined by Section 13A-5-3.
(Acts 1982, No. 82-509.)
Section 13A-11-61
Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited;
penalty.
(a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a
dangerous projectile into any occupied or unoccupied dwelling or building or railroad
locomotive or railroad car, aircraft, automobile, truck or watercraft in this state.
(b) Any person who commits an act prohibited by subsection (a) with respect to an occupied
dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or Alabama’s Firearms and Weapons Law
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watercraft shall be deemed guilty of a Class B felony as defined by the state criminal code, and
upon conviction, shall be punished as prescribed by law.
(c) Any person who commits any act prohibited by subsection (a) hereof with respect to an
unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile,
truck or watercraft shall be deemed guilty of a Class C felony as defined by the state criminal
code, and upon conviction, shall be punished as prescribed by law.
(Acts 1984, No. 84-276, p. 463, §§1, 2.)
Section 13A-11-61.1
Discharging into a school bus or school building.
(a) No person shall shoot or discharge a firearm into an occupied or unoccupied school bus or
school building.
(b) A person who shoots or discharges a firearm into an occupied school bus or school building
shall be guilty of a Class B felony.
(c) A person who shoots or discharges a firearm into an unoccupied school bus or school
building shall be guilty of a Class C felony.
(d) This section shall not be construed to repeal other criminal laws. Whenever conduct
prescribed by any provision of this section is also prescribed by any other provision of law, the
provision which carries the more serious penalty shall be applied.
(Act 2006-539, p. 1242, §§1, 2.)
Division 1A Rifles and Shotguns.
Section 13A-11-62
Definitions.
For purposes of this division, the following terms shall have the following meanings, unless the
context clearly indicates otherwise:
(1) FIREARM. Definition is same as provided in Section 13A-8-1(4).
(2) RIFLE. Any weapon designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned and made or remade to use the energy of the explosive
in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each pull of
the trigger.
(3) SHOTGUN. A weapon designed or redesigned, made or remade, and intended to be fired
from the shoulder and designed or redesigned and made or remade to use the energy of the Alabama’s Firearms and Weapons Law
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explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.
(4) SHORT-BARRELED RIFLE. A rifle having one or more barrels less than 16 inches in
length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if
such weapon, as modified, has an overall length of less than 26 inches.
(5) SHORT-BARRELED SHOTGUN. A shotgun having one or more barrels less than 18 inches
in length and any weapon made from a shotgun (whether by alteration, modification, or
otherwise) if such weapon as modified has an overall length of less than 26 inches.
(Acts 1982, No. 82-430, §1.)
Section 13A-11-63
Possession, sale, etc., of shortbarreled rifle or shortbarreled shotgun; applicability.
(a) A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a shortbarreled shotgun in violation of federal law is guilty of a Class C felony.
(b) This section does not apply to a peace officer who possesses, obtains, receives, sells, or uses
a short-barreled rifle or a short-barreled shotgun in the course of or in connection with his or her
official duties.
(Acts 1982, No. 82-430, §2; Act 2010-496, p. 766, §1.)
Section 13A-11-64
Alteration, etc., of manufacturer’s number, etc., of firearm; possession, etc., of firearm
after identification altered.
A person who either:
(1) Changes, alters, removes, or obliterates the name of the maker, model, manufacturer’s
number or other mark or identification of any firearm, or
(2) Possesses, obtains, receives, sells, or uses a firearm after the maker, model, manufacturer’s
number or other mark or identification has been changed, altered, removed, or obliterated, is
guilty of a Class C felony.
(Acts 1982, No. 82-430, §3.) Alabama’s Firearms and Weapons Law
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Section 13A-11-65
Penalty.
Violation of Section 13A-11-63(a) or Section 13A-11-64 in the course of, or in connection with
the commission of any other felony shall be a Class B felony, and the punishment imposed
therefor shall be in addition to the punishment imposed for the other felony.
(Acts 1982, No. 82-430, §4.)
Section 13A-11-66
This division supplemental to other laws and penalties.
This division is supplemental to any other law and the penalties provided herein are in addition
to any other penalties provided by law. This division shall not be construed to limit or in any way
reduce the minimum and maximum penalties provided in any other law.
(Acts 1982, No. 82-430, §5.)
Division 2 Pistols.
Section 13A-11-70
Definitions.
For the purposes of this division, the following terms shall have the respective meanings ascribed
by this section:
(1) PISTOL. Any firearm with a barrel less than 12 inches in length.
(2) CRIME OF VIOLENCE. Any of the following crimes or an attempt to commit any of them,
namely, 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.
(3) PERSON. Such term includes any firm, partnership, association or corporation.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §172; Acts 1947, No. 616, p. 463, §1;
Acts 1951, No. 784, p. 1378; Code 1975, §13-6-150.)
Section 13A-11-71
Committing crime when armed; evidence of intent.
If any person shall commit or attempt to commit a crime of violence when armed with a pistol,
he may, in addition to the punishment provided for the crime, be punished also as provided by
this division. In the trial of a person for committing or attempting to commit a crime of violence, Alabama’s Firearms and Weapons Law
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the fact that he was armed with a pistol and had no license to carry the same shall be prima facie
evidence of his intention to commit said crime of violence.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §173; Acts 1951, No. 784, p. 1378; Code
1975, §13-6-151.)
Section 13A-11-72
Certain persons forbidden to possess pistol.
(a) No person who has been convicted in this state or elsewhere of committing or attempting to
commit a crime of violence shall own a pistol or have one in his or her possession or under his or
her control.
(b) No person who is a drug addict or an habitual drunkard shall own a pistol or have one in his
or her possession or under his or her control.
(c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with
intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.
(d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public
school in violation of subsection (c) of this section is a Class C felony.
(e) Law enforcement officers are exempt from this section, and persons with pistol permits
issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this
section.
(f) The term “public school” as used in this section applies only to a school composed of grades
K-12 and shall include a school bus used for grades K-12.
(g) The term “deadly weapon” as used in this section means a firearm or anything manifestly
designed, made, or adapted for the purposes of inflicting death or serious physical injury, and
such term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or
incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto,
sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §174; Acts 1951, No. 784, p. 1378; Code
1975, §13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, §1.)
Section 13A-11-73
License to carry pistol in vehicle or concealed on person Required.
No person shall carry a pistol in any vehicle or concealed on or about his person, except on his
land, in his own abode or fixed place of business, without a license therefor as hereinafter
provided. Alabama’s Firearms and Weapons Law
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(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §175; Acts 1947, No. 616, p. 463, §3;
Acts 1951, No. 784, p. 1378; Acts 1956, 2nd Ex. Sess., No. 43, p. 336; Code 1975, §13-6-153.)
Section 13A-11-74
License to carry pistol in vehicle or concealed on person Exceptions.
The provisions of Section 13A-11-73 shall not apply to marshals, sheriffs, prison and jail
wardens and their regularly employed deputies, policemen and other law enforcement officers of
any state or political subdivision thereof, or to the members of the army, navy or marine corps of
the United States or of the national guard, or to the members of the national guard organized
reserves or state guard organizations when on duty or going to or from duty, or to the regularly
enrolled members of any organization duly authorized to purchase or receive such weapons from
the United States or from this state; provided, that such members are at or are going to or from
their places of assembly or target practices, or to officers or employees of the United States duly
authorized to carry a pistol, or to any person engaged in manufacturing, repairing or dealing in
pistols, or the agent or representative of such person possessing, using, or carrying a pistol in the
usual or ordinary course of such business, or to any common carrier, except taxicabs, licensed as
a common carrier, or to any person permitted by law to possess a pistol while carrying it
unloaded in a secure wrapper, from the place of purchase to his 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.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §176; Acts 1947, No. 616, p. 463, §4;
Acts 1951, No. 784, p. 1378; Code 1975, §13-6-154.)
Section 13A-11-75
License to carry pistol in vehicle or concealed on person Issuance; fee; revocation;
release of information.
(a) The sheriff of a county, upon the application of any person residing in that county, may issue
a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or
about his or her person within this state for not more than one year from date of issue, 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 pistol, and that he or she is a suitable person to be so
licensed. The license shall be in triplicate, in form to be prescribed by the Secretary of State, and
shall bear the name, address, description, and signature of the licensee and the reason given for
desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall,
within seven days, be sent by registered or certified mail to the Director of Public Safety, and the
triplicate shall be preserved for six years by the authority issuing the same. The fee for issuing
such license shall be one dollar ($1) which shall be paid into the county treasury unless otherwise
provided by local law. Prior to issuance of a license, the sheriff shall contact available local,
state, and federal criminal history data banks to determine whether possession of a firearm by an
applicant would be a violation of state or federal law. The sheriff may revoke a license upon
proof that the licensee is not a proper person to be licensed. Alabama’s Firearms and Weapons Law
Page 12 of 15
(b) The name, address, and signature collected from an applicant or licensee under this section
shall be kept confidential, shall be exempt from disclosure under Section 36-12-40, and 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. All other information on licenses under this section,
including information concerning 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 otherwise, shall remain public writings subject to public disclosure. Except as provided
above, the sheriff of a county shall redact the name, address, signature, and photograph of an
applicant before releasing a copy of a license for a non-law enforcement purpose. The sheriff
may charge one dollar ($1) per copy of any redacted license record requested other than when
requested for law enforcement purposes. To knowingly publish or release to the public in any
form any information or records related to the licensing process, or the current validity of any
license, except as authorized in this subsection or in response to a court order or subpoena, is a
Class A misdemeanor.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §177; Acts 1947, No. 616, p. 463, §5;
Acts 1951, No. 784, p. 1378; Code 1975, §13-6-155; Act 2006-551, p. 1268, §1; Act 2009-711,
p. 2093, §1.)
Section 13A-11-76
Delivery to minors, habitual drunkards, etc.
No person shall deliver a pistol to any person under the age of 18 or to one who he has
reasonable cause to believe has been convicted of a crime of violence or is a drug addict, an
habitual drunkard or of unsound mind.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §178; Acts 1951, No. 784, p. 1378; Code
1975, §13-6-156.)
Section 13A-11-77
Sales regulated; application for purchase.
Repealed by Act 2000-762, §2, 2000 Regular Session, effective August 1, 2000.
(Acts 1936-37, Ex. Sess., No. 190, p. 223; Code 1940, T. 14, §179; Acts 1947, No. 616, p. 463,
§6; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-157.)
Section 13A-11-78
Dealers’ licenses Required.
No retail dealer shall sell or otherwise transfer, or expose for sale or transfer, or have in his
possession with intent to sell, or otherwise transfer, any pistol without being licensed as
hereinafter provided. Alabama’s Firearms and Weapons Law
Page 13 of 15
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §180; Acts 1951, No. 784, p. 1378; Code
1975, §13-6-158.)
Section 13A-11-79
Dealers’ licenses Issuance; conditions; display; fees.
The duly constituted licensing authorities of any city, town or political subdivision of this state
may grant licenses in forms prescribed by the secretary of state, effective for not more than one
year from date of issue, permitting the licensee to sell pistols at retail within this state subject to
the following conditions, in addition to those specified in Section 13A-11-77, for breach of any
of which the license shall be forfeited and the licensee subject to punishment as provided in this
division. The business shall be carried on only in the building designated in the license. The
license or a copy thereof, certified by the issuing authority, shall be displayed on the premises
where it can easily be read. No pistol shall be sold in violation of any provisions of this division,
nor shall a pistol be sold under any circumstances unless the purchaser is personally known to
the seller or shall present clear evidence of his identity. A true record in triplicate shall be made
of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the
Secretary of State and shall be personally signed by the purchaser and by the person effecting the
sale, the caliber, make, model and manufacturer’s number of the weapon, the name, address,
occupation, color and place of birth of purchaser and a statement signed by the purchaser that he
has never been convicted in this state or elsewhere of a crime of violence. One copy shall be sent
within six hours by registered or certified mail to the chief of police of the municipality or the
sheriff of the county of which the dealer is a resident; the dealer shall within seven days send the
duplicate to the Secretary of State; and the dealer shall retain the triplicate for six years. No pistol
or imitation thereof or placard advertising the sale thereof shall be displayed in any part of any
premises where it can readily be seen from the outside. The fee for issuing said license shall be
$.50, which fee shall be paid into the State Treasury.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §181; Acts 1951, No. 784, p. 1378; Code
1975, §13-6-159.)
Section 13A-11-80
Loans secured by deposit, etc., of pistol prohibited; certain transfers prohibited.
No person shall make any loan secured by a mortgage, deposit or pledge of a pistol contrary to
this division, nor shall any person lend or give a pistol to another or otherwise deliver a pistol
contrary to the provisions of this division.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §182; Acts 1951, No. 784, p. 1378; Code
1975, §13-6-160.) Alabama’s Firearms and Weapons Law
Page 14 of 15
Section 13A-11-81
False information in applications for licenses, purchases, etc.
No person shall, in purchasing or otherwise securing delivery of a pistol or in applying for a
license to carry the same, give false information or offer false evidence of his identity.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §183; Acts 1951, No. 784, p. 1378; Code
1975, §13-6-161.)
Section 13A-11-83
Antique pistols.
This division shall not apply to the purchase, possession or sale of pistols as curiosities or
ornaments or to the transportation of such pistols unloaded and in a bag, box or securely wrapped
package, but not concealed on the person.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §185; Acts 1947, No. 616, p. 463, §7;
Acts 1951, No. 784, p. 1378; Code 1975, §13-6-163.)
Section 13A-11-84
Penalties; seizure and disposition of pistols involved in violations of certain sections.
(a) Every violation of subsection (a) of Section 13A-11-72 or of Sections 13A-11-81 or 13A-11-
82 shall be punishable by imprisonment for not more than five years. Every violation of
subsection (b) of Section 13A-11-72 or of Sections 13A-11-73, 13A-11-74 and 13A-11-77
through 13A-11-80 shall be punishable by imprisonment for any term less than one year or by a
fine of not more than $500.00, or both. The punishment for violating Section 13A-11-78 or 13A-
11-79 may include revocation of license.
(b) It shall be the duty of any sheriff, policeman or other peace officer of the State of Alabama,
arresting any person charged with violating Sections 13A-11-71 through 13A-11-73, or any one
or more of said sections, to seize the pistol or pistols in the possession or under the control of the
person or persons charged with violating said section or sections, and to deliver said pistol or
pistols to one of the following named persons: if a municipal officer makes the arrest, to the city
clerk or custodian of stolen property of the municipality employing the arresting officer; if a
county, state or other peace officer makes the arrest, to the sheriff of the county in which the
arrest is made. The person receiving the pistol or pistols from the arresting officer shall keep it in
a safe place in as good condition as received until disposed of as hereinafter provided. Within
five days after the final conviction of any person arrested for violating any of the abovenumbered sections, the person receiving possession of the pistol or pistols, seized as aforesaid,
shall report the seizure and detention of said pistol or pistols to the district attorney within the
county where the pistol or pistols are seized, giving a full description thereof, the number, make
and model thereof, the name of the person in whose possession it was found when seized, the
person making claim to same or any interest therein, if the name can be ascertained or is known,
and the date of the seizure. Upon receipt of the report from the person receiving possession of the Alabama’s Firearms and Weapons Law
Page 15 of 15
pistol or pistols as aforesaid, it shall be the duty of the district attorney within the county wherein
the pistol or pistols were seized to forthwith file a complaint in the circuit court of the proper
county, praying that such seized pistol or pistols be declared contraband, be forfeited to the state
and be destroyed. Any person, firm or corporation or association of persons in whose possession
said pistol or pistols may be seized or who claim to own the same or any interest therein shall be
made a party defendant to said complaint, and thereupon such matter shall proceed and be
determined in the circuit court of the proper county in the same form and manner, as near as may
be, as in the forfeiture and destruction of gaming devices, except as herein otherwise provided.
When any judgment of condemnation and forfeiture is made in any case filed under the
provisions of this section, the judge making such judgment shall direct therein the destruction of
the pistol or pistols by the person receiving possession of said pistol or pistols from the arresting
officer in the presence of the clerk or register of the court, unless the judge is of the opinion that
the nondestruction thereof is necessary or proper in the ends of justice, in which event and upon
recommendation of the district attorney, the judge shall award the pistol or pistols to the sheriff
of the county or to the chief of police of the municipality to be used exclusively by the sheriff or
the chief of police in the enforcement of law, and the sheriff of the county and the chiefs of
police of the municipalities shall keep a permanent record of all pistols awarded to them as
provided for herein, to be accounted for as other public property, and said order, in the event that
no appeal is taken within 15 days from the rendition thereof, shall be carried out and executed
before the expiration of 20 days from the date of the judgment. The court, at its discretion, shall
direct in said judgment that the costs of the proceedings be paid by the person in whose
possession said pistol or pistols were found when seized, or by any party or parties who claim to
own said pistol or pistols, or any interest therein, and who contested the condemnation and
forfeiture thereof.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §186; Acts 1947, No. 616, p. 463, §8;
Acts 1951, No. 784, p. 1378; Acts 1967, No. 505, p. 1218; Code 1975, §13-6-164.)
Section 13A-11-85
Reciprocity for licenses issued in other states.
(a) A person licensed to carry a handgun in any state whose laws recognize and give effect in
that state to a license issued under the laws of the State of Alabama shall be authorized to carry a
handgun in this state. This section shall apply to a licenseholder from another state only while
the licenseholder is not a resident of this state. A licenseholder from another state shall carry the
handgun in compliance with the laws of this state.
(b) The Attorney General shall periodically publish a list of states which meet the requirements
of subsection (a).
(Act 2001-494, p. 862, §1.)
to be carried in a trouser’s pocket…” (1985)
– “‘Lock-blade'” knife not included… within the statutory
prohibition.” (1985)
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