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The ins and outs of a gun permit
Published Sunday, November 8, 2009
SELMA- Consumers can buy an almost innumerable amount of pistols. They can also purchase even more accessories for their pistol, but only one is required – a gun permit.
In actuality, a permit is not an accessory in Alabama because if an officer catches you with a gun but without a permit, then expect to face a charge.
“A permit to carry a concealed handgun is $20 every year,” Sheriff Hariss Huffman said. “A gun owner has to come to the sheriff’s depeartment and complete an application before they get a permit. That is if they get a permit.”
The sheriff’s department sends the information on the application to local and national law enforcement agencies for a criminal history check. Also, the sheriff’s department checks three references that must be included in the application. There are a few things that if they come up on the background, then the person can forget about getting a permit.
Being convicted of a felony is the main disqualifying factor, but under the Code of Alabama any crime of violence will keep a person from carrying a pistol.
Crimes of violence include the obvious like murder, rape, assault with intent to murder or rob, etc. However, Alabama also includes all larceny crimes. So a person convicted of theft of property third-degree, which could mean something as simple as shoplifting, would be unable to obtain a permit for a handgun.
Other infractions that can keep a person from getting a permit are being a drug addict or habitual drunk and being convicted of a crime while the person had a pistol in their possession.
Dallas County also has additional requirements that are not mandated by the state.
“Dallas County requires that a person has to reside in the county for six months before they can obtain a gun permit,” Chief Deputy Randy Pugh said. “The only exception is if someone moved here and their job required them to have a gun.”
The application usually takes 5-10 days to clear and once it does the person then pays the $20. However, in the application process, the sheriff of any county in Alabama ultimately can deny a person the right to a permit.
When someone buys a gun in Alabama, a permit is not required before purchase, but gun sellers are required to run a background check before they sell the firearm.
The permit allows people to have the pistol on them in a concealed manner. A permit is not required for a handgun that stays in a person’s home, but if it ever leaves the property, then one is required.
“If someone is found to have a pistol without a permit, then they will be charged with one of two things – carrying a concealed weapon without a permit and certain person forbidden to carry weapon,” Huffman said.
The first offense is for people not convicted of a crime that would prevent them from carrying a pistol and the second is for people who would be denied a permit.
A person convicted of a felony and found with a gun would face a class-c felony charge.
Authorities stressed that having a permit allows the gun owner to carry a pistol concealed, not out in the open, and in certain places.
“The permit does not allow people to carry weapons into restricted places like federal buildings, airports, businesses, municipal buildings, bars or other places like that,” Pugh said.
Huffman added another condition that the permit is in effect no good.
“If a person is under the influence of drugs or alcohol, their permit does not apply,” he said.
All guns found on people without permits are confiscated. If the person is able to obtain a permit after the fact, they are typically given back their gun in court. However, a convicted felons’ gun will remain with the sheriff’s department.
A permit is not required for shotguns or rifles in Alabama.
An Alabama handgun permit does apply in other states that recognize our permit. There are 22 states that honor an Alabama permit – Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Hampshire, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming.
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Comments
Posted by Refugee72 (anonymous) on November 8, 2009 at 7:25 a.m. (Suggest removal)
$20 is a bargain..it's $55 in GA
Posted by 1eyedmule (anonymous) on November 8, 2009 at 9:15 a.m. (Suggest removal)
Here's one for you... Who keeps the money for the permits?
Posted by bama (anonymous) on November 8, 2009 at 11:34 a.m. (Suggest removal)
Why is that a mystery to you? The sherrif's office retains the fee. They do spend man hours on each application.
Posted by slim_t (anonymous) on November 8, 2009 at 2:16 p.m. (Suggest removal)
Thanks for the info Katie.
I always enjoy your articles.
Ones like this that are simply informative, ones that are news, and especially the ones that cover the good things going on in the community.
Keep up the great work.
Posted by Liberty (anonymous) on November 9, 2009 at 8:25 a.m. (Suggest removal)
Why is it that we are required by law to get a permit for something already granted to us by the United States Constitution?
Posted by selmanative (anonymous) on November 9, 2009 at 8:51 a.m. (Suggest removal)
Liberty if you don't know the answer to that question I hope to God you don't have a permit!
Posted by Native (anonymous) on November 9, 2009 at 10:47 a.m. (Suggest removal)
Katie,
This article is informative, but very difficult to read. Please consider the order of your nouns and modifiers, as well as when to properly end a sentence. It needs to "flow" much better than it does.
Posted by DrLiberty (anonymous) on November 9, 2009 at 11:25 a.m. (Suggest removal)
NEWSFLASH: The legislature of the State of Alabama has no authority to require a gun permit of any Citizen. It is expressly forbidden by the State constitution, pursuant to Article 1, sections 26,35 and 36 (http://www.legislature.state.al.us/codeo...) [Please read it]
Every elected or appointed official (i.e., the Sheriff) are required to swear an oath to both the U.S. constitution and the Alabama constitution before being 'permitted' to SERVE "We the People."
I almost can't believe that no one has brought this up before. It's time for Americans to "Wake Up" and take their country back.
Posted by Liberty (anonymous) on November 9, 2009 at 11:32 a.m. (Suggest removal)
DrLiberty - www.SelmaLiberty.com, we could always use another liberty-minded person.
Posted by compass (anonymous) on November 9, 2009 at 11:40 a.m. (Suggest removal)
Native- I didn't have any problem reading Katie's story, but I did have problem with you "correcting" her in comment. Maybe instead of worrying about your so-called misplaced modifiers you should worry about being rude.
Liberty and DrLiberty, I get what you're saying, but see what Sheriff Huffman or the judge does when you say that.
Posted by bama (anonymous) on November 9, 2009 at 11:42 a.m. (Suggest removal)
Actually, the state law states that the sheriff of each county is responsible for issuing permits and is allowed to charge a small fee for doing so. Before typing tired catch phrases like "wake up" and the other non-sense, make sure that you won't show your ignorance first.
Here you go:
Alabama State Code 13A - 11 - 70 et., seq. (1975)provides that the Sheriff of a county may issue a qualified or unlimited license to a person residing in the county, and is a suitable person to be licensed.
There are many people who cannot obtain a pistol license. Most of these are prohibited because of certain State and Federal Laws. All the Laws contained in this question are contained in the Alabama State Code and in the Gun Control Act of 1968. The people who cannot obtain a pistol license are as follows:
1. No person who has been convicted of committing or attempting to commit a crime of violence;
2. No person who is a Drug Addict;
3. No person who is a habitual drunkard;
4. No person convicted of a felony or any degree of theft;
5. No person discharged from the armed forces under dishonorable conditions;
6. No person who has been adjudged by a court as mentally incompetent;
7. No citizen of the United States who has renounced his citizenship;
8. No person convicted of the Family Violence Act, even though the charge may be a misdemeanor;
9. No person illegally or unlawfully in the United States;
10. No person who has been convicted of an offense involving firearms;
11. No person who has been convicted of an offense involving explosives;
12. No person who is not deemed suitable or proper by the Sheriff’s Office
Posted by bama (anonymous) on November 9, 2009 at 11:46 a.m. (Suggest removal)
http://www.jeffcosheriff.org/gun_law_pac...
The above PDF helps explain alot of questions, especially the citations of the state law at the bottom.
Posted by Dogbert (anonymous) on November 9, 2009 at 11:58 a.m. (Suggest removal)
Problem is, Liberty, your so busy looking for the forest that the tree branches are smacking you in the face. The permit in question here is not a permit allowing you to own a firearm. That is clearly guaranteed by the US Constitution. No permit necessary. (So far, at least - we're not even a year into this Obamanation). What a permit IS required for, as is clearly stated on said permit, is to carry a pistol *concealed* on one's person or in their vehicle. This permit *only* applies to handguns, not long guns.
On the other hand, there is no small amount of optimism in assuming the issuing of permits will somehow keep guns out of the hands of criminals. And a lot of truth to the old bumpersticker 'when guns are outlawed, only outlaws will have guns.'
Posted by Native (anonymous) on November 9, 2009 at 12:48 p.m. (Suggest removal)
Compass:
When someone undertakes a job as a professional, they should strive to perform as a professional. A professional journalist should not make the types of grammatical errors that are made by the staff of this paper. It is not about being rude, it is about the expectations of readers of a paper that once held influence in this state.
Posted by leesha (anonymous) on November 9, 2009 at 1:05 p.m. (Suggest removal)
Native,
Thank you for your comments and your pointers. However, journalists write less formally than they did 60 years ago, even 30 years ago from when I began my career.
With the advent of the Internet and the demand for pithy writing, the old journalistic prose is long gone.
In addition, journalist also have different rules for style determined by The Associated Press Stylebook.
All that being said, we should strive to make our stories easy to understand.
Again, thank you for your critique.
Leesha Faulkner
Editor
Posted by Native (anonymous) on November 9, 2009 at 1:23 p.m. (Suggest removal)
Leesha:
Make as many excuses as you wish. Explain it away any way that you choose. Incorrect English is incorrect - even if it is meant to be "pithy". I am not pining away for "old journalistic prose" - just correct journalistic prose.
Posted by compass (anonymous) on November 9, 2009 at 3:14 p.m. (Suggest removal)
Native,
Don't lecture me on what it means to be professional. But let me give you a few pointers regarding tact.
If you had a problem with Katie's writing, then there is a link (in blue right beside her name) that you could have pushed. That magical button will allow you to email the writer.
Just a heads up on any other crimes against grammar that will occur in the future.
Posted by jonsavant (anonymous) on November 9, 2009 at 3:21 p.m. (Suggest removal)
To selmanative in your response to Liberty's question. You should read Dogbert reply. Dogbert's reply is "almost correct", however, the U S Constitution has been suspended since 1939, therefore, we are living under the "Color of Law". Most AmeriKans do not know much about individual rights, especially in Alabama. The judges on the Alabama Supreme Court has proven themselves to be some of the dumbest people on earth.
Posted by Liberty (anonymous) on November 9, 2009 at 3:25 p.m. (Suggest removal)
Native: The same thing everyone else who doesn't follow the Constitution says, "I'm just doing my job" and THAT is a scary thing.
Bama: Sorry, I don't agree with you on that. Today, the constitution remains the most important guide to all parts of government. It is often called the "highest law of the land." This means that no state, no branch of government, no person, no elected official--not even the president or Congress--can make a law or enforce a condition that goes against the Constitution. The Constitution continues to protect and keep the rights and freedoms of the American people... oh no, wait... lol I was wrong. That's the way it's SUPPOSED to be, you know, before America fell asleep at the wheel.
If you have committed a crime, served your time ("paid your debt to society") - you should get all of your Constitutional Rights back. If a person has committed a crime and is deemed too dangerous to own a gun, well then that criminal should have never been let back on the streets to begin with. This, once again, is about accountability and responsibility. Good and law-abiding citizens should NOT be required to list themselves as though they are criminal because they want to exercise their 2nd Amendment right. I'm really tired of people defending this 'guilty until proven innocent' bs.
Dogbert: No, the trouble is that these tree branches aren't smacking people who are buying into this "guilty until proven innocent" garbage in the head. WAKE UP! (Sorry Bama. :) lol) People more times than none defend people violating our rights rather than those who are spreading the idea freedom. It's okay though, I've grown accustomed to the liberty-bashing, sadly.
The facts remain that permits do not keep guns out of the wrong hands and people were guaranteed under the 2nd Amendment the right to keep and bear arms - concealed or otherwise.
I said my piece, counted to three and now I'm going to go eat a bologna sandwich and work on my "NO TO SOCIALIZED MEDICINE" and "NO CAMERA" signs.
Posted by bama (anonymous) on November 9, 2009 at 3:28 p.m. (Suggest removal)
LOL. Did you buy your tinfoil hat or did you make it at home?
Your argument doesn't hold water. If a society only has to abide by the words written in the initial constitution, why stop there? Why not just back to the ten commandments?
Posted by saveselma (anonymous) on November 9, 2009 at 6:28 p.m. (Suggest removal)
Bama, go back and read your last comment and you will see how dumb it sounds.
Are you for real when you say that society SHOULDN'T HAVE to abide by the words written in the initial constitution?
No wonder people CAN NOT answer this question: Who lives at 1600 Pennsylvania Avenue?
But CAN answer this one: Who lives in a pineapple under the sea?
MERCY!
(and would it be wrong to uphold the ten commandments as the law of the land?)
Posted by mccrary36703 (anonymous) on November 9, 2009 at 7:03 p.m. (Suggest removal)
Everybody please stop playing teacher on this blog. I have never own a gun, and I really hope to never have a permit for a gun. However there are so many people that have guns and will never by law be able to get a permit. So what's the use of a permit?
Posted by Tonewah (anonymous) on November 9, 2009 at 7:17 p.m. (Suggest removal)
You don't have to get a permit to get a speedy trial or jury trial (6th and 7th Amendments). You don't have to get a permit to keep someone from beating a false confession out of you (5th Amendment) You certainly don't have to get a permit to go to church or write an article for the paper (1st Amendment). The Bill of RIghts merely codified what are known as our natural rights. These weren't given by the Constitution, merely recognized by it. You have a right to defend yourself. The 2nd Amendment simply reinforces that right.
Gun control is a tool of tyrants, not of free republics. Gun control laws don't work, anyway. All you need to do is look at crime where guns are controlled to see that. When you take away arms, you take away the right of the people to defend themselves. This is true throughout history.
I like to use Kennesaw, GA as an example of a place that got it right. Kennesaw had a crime problem. Instead of writing laws that violated our nation's charter by limiting gun ownership by law-abiding citizens, they passed a law that required EVERYONE to own a gun, which is basically what the 'well regulated militia' clause means. Crime practically disappeared.
Of course, many would rather give up their rights for a false sense of security, anyway. All those 'scary' guns. bah.
Some are suggesting that journalists should register, because unfiltered free speech is too 'dangerous'. When Leesha, Dennis et al have to register for a journalism permit, the first amendment will be gone, too. lol. But at least you'll be 'safe'.
Bama: Have you read Locke, Burke, Bastiat, etc? I urge you to do so. Also, after you get a grasp of the reason our country was founded, take a few minutes to read the communist manifesto. It's not long. Take a few minutes to ponder the 10 basic tenets that must be in place, according to Marx and Engels, to have a communist nation. It pretty much describes the current path of the USA.
I guess I assume that you don't want the cruel and inhumane form of government that marxist communism brings, but I could be wrong...
What did Stalin, Hitler and Mao have in common, other than killing millions of innocent people? The first thing all of them did was impose GUN CONTROL.
All that said, Alabama's gun laws are some of the least intrusive in the country. They're not ideal, but they're a heck of a lot better than some other states. We also have Sheriffs who keep the oath they swore to uphold and defend the Constitution, and who would rather err more on the side of freedom than of tyranny.
Posted by popdukes12 (anonymous) on November 9, 2009 at 7:30 p.m. (Suggest removal)
Long gone are the days that you would take your pistol down to Cotton (in a paper sack) and throw a $10 bill on the desk. He would look at it to make sure it wouldn't blow up in your hand. Handing it back to you,he would point to the door. popdukes12
Posted by chewbacca (anonymous) on November 10, 2009 at 12:39 a.m. (Suggest removal)
Much as I hate to say it, I'll be riding with a gun under my seat and one in my glove box. Until the police can get it right, what other choice do we have? "Talking the down" only works on serial law shows and in the movies. They would just as well bust a cap in our heads as look at us -- those crackheads and methheads that will cut you for a dollar, the watch on your wrist, or the ring on your finger.
Posted by DrLiberty (anonymous) on November 10, 2009 at 7:52 a.m. (Suggest removal)
Bama,
Obviously, you didn't take the time and follow my suggestion to "please read" your constitution (It's not mine as I'm from Pennsylvania, but mine has very similar wording.) I also get the impression that you are the Sheriff or from his office. If this is correct then it's particularly important that you expand your understanding regarding this vitally important matter.
Alabama State Code 13A - 11 - 70 et. seq. (1975) was written long after the constitution (apparently long enough for many of us to forget that the constitution exists) and is clearly in violation of it.
The constitution was not written for the people - it was written by the people for the government. It is a delegation of authority by 'We the People' and it establishes the rules by which all our representatives, including the Sheriff, the Judge and the Legislator must abide. While it may sound 'tired' it is the "Highest Law of the Land", based on the Natural Law and no man-made law or amendment may supersede it.
So, our government officials do not have rights; they have privileges, which have been bestowed upon them by “We the People.” But many intelligent Americans (such as yourself) have been deceived (actually brainwashed/indoctrinated through our federalized education system) into believing that our government can do whatever it wishes. This is truly the world turned upside down and is the reason that I say that we must “Wake Up” and take action. The constitution cannot defend itself.
Some reading suggestions for you (and anyone else who cares to learn the truth):
1.) An essay that I wrote entitled ‘Liberty…naturally’ (http://docs.google.com/View?id=dghgxvzc_...)
2.) The U.S. and your state constitution
3.) ‘The Proper Role of Law Enforcement’ by Sheriff Richard Mack
4.) ‘Good to be King’ by Michael Badnerik
5.) ‘Unalienable Rights’ by Michael LeMieux
Posted by bama (anonymous) on November 10, 2009 at 10:02 a.m. (Suggest removal)
OMG. the black helicopters are circling overhead. LOL.
No where did I say that the original constitution was not to be followed, but that additional laws have been passed and they must be abided by. These individuals who believe that only the constitution applies them are delusional at best. I have read every citation noted previously including the essays some posters are using to explain their arguments. None of it applies. You have a choice. Pay the $20 and have a background check or carry illegally. don't like it? tough.
Posted by bama (anonymous) on November 10, 2009 at 10:07 a.m. (Suggest removal)
saveselma, a permit to carry a concealed weapon is not an agringement on your second admendment rights nor is it gun control. I'm a lifelong member of the NRA and carry a Glock 19C. I have no problem abiding by a piece of legislation(sponsored by the NRA btw) that aims to keep criminals and mentally unstable individuals from possessing firearms.
Posted by Tonewah (anonymous) on November 10, 2009 at 8:49 p.m. (Suggest removal)
Katie's article was informative. The only thing I'd like to point out is that a concealed carry permit in any county in the state is recognized in all counties, so if you've just moved to Dallas County and hold a permit from another county, you don't have to get one in Dallas County until yours expires, so the waiting period doesn't affect you.
bama, do you even read what you type before you post?
Paying any fee to allow you to exersize a right infringes on that right. Just like requring someone to pay a poll fee to vote infringes on a person's righ to vote, requiring a fee for carrying a concealed pistol infringes on the right to carry a concealed pistol. Alabama's concealed carry law is pretty lenient, though, and Dallas County Sheriff's Dept. is good about giving the permits w/out any hassle. Federal gun laws are a whole different subject, though.
Posted by fxstbharleyrider (anonymous) on November 12, 2009 at 5:57 p.m. (Suggest removal)
hey Dogbert and the rest of you, how about the state of Vermont, If you are legally able to buy a gun. You can carry it conceled or non conceled. No permit is needed. As a matter of fact Vermont does not issue Permit/Licenses to Carry a Concealed firearm. Vermont does allow anyone
who can legally own a firearm to carry it concealed without a permit of any kind. Vermont does not infringe on you right and libertys. They also only have a frction of the crime we have here. Imagine that. Alaska is the same way. In Alaska any one who can legally own a firearm can carry it concealed without a Permit/License
Posted by Liberty (anonymous) on November 13, 2009 at 7:23 a.m. (Suggest removal)
"The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power." - Cockrum v. State
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