Gun Smoke

 

A friend suggested I write this week’s column on Alabama gun laws. I think with all that has been going on in Arizona his suggestion is very timely. First the Second Amendment to the U.S. Constitution gives us the right to be armed. However, the federal government has regulations that every state must abide by. The National Firearms Act (NFA) requires that certain weapons be registered and fees be paid. The NFA weapons include machine guns, grenades, bombs, explosive missiles, poisonous gas, short barreled rifles and shotguns and many other similar weapons. One cannot transport these across state lines without proper federal paperwork and fees.

Some states require registration and licensing of firearms. Alabama does not. Here people are allowed to carry concealed handguns on their person and in their vehicle if they have a firearm permit. A permit is not required if a person is carrying the weapon openly such as on the gun rack of their truck. If a person carries a concealed weapon without a permit they can be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail for not more than six months. However, it is easy to obtain a permit. The county sheriff may issue a permit to applicants unless there is a reason not to. The sheriff is required to do a background check to determine if the possession of a firearm would be in violation of state or federal law. The sheriff may also revoke a permit if he believes it to be necessary.

The permit is good for no more than a year. It will have the name, address, description, and signature of the licensee and the reason given for desiring a permit. The permit is given to the applicant and a duplicate is sent to the Director of Public Safety. The sheriffs’ office will also keep a copy on file for six years.

Loughne would not likely be issued a permit locally. The Code of Alabama states that no one who has been convicted of a crime of violence can own, possess, or have one under his or her control. No one who is a drug addict or a habitual drunkard is allowed to own a gun. Also in order to buy a handgun one must be over the age of eighteen and be in a sound state of mind. It is also illegal to sell or give a firearm to any of these people.

Even if he did have a permit he could not bring it with him to see Congresswoman Gabrielle Giffords. It is against the law for anyone to have a firearm in their possession while participating in or attending any demonstration being held at a public place. This ban also includes picketing, speechmaking or marching.

Also we have a catch-all law that gives law enforcement the right to disarm anyone if it is necessary for the protection of the officer or another individual.