Gun Law 101: Grading Alabama - Overview of State Gun Law

Published on October 4, 2021
Duration: 20:23

This video provides a comprehensive overview of Alabama's gun laws, detailing constitutional protections, restrictions on firearm possession, acquisition, carry, and places where firearms are prohibited. It highlights the 2014 constitutional amendment mandating strict scrutiny for firearm restrictions and discusses specific state laws regarding prohibited persons, handgun sales, and carry permits. The analysis also touches upon self-defense statutes and the state's approach to NFA items and rights restoration.

Quick Summary

Alabama's constitution mandates strict scrutiny for any firearm restrictions, requiring laws to be narrowly tailored to a compelling government interest. While private firearm sales don't require state-mandated background checks, licensed dealers must comply with federal NICS checks. The state is 'shall issue' for concealed carry permits and recognizes rights restoration processes for those with mental health adjudications or criminal convictions.

Chapters

  1. 00:00Introduction to State Gun Laws Series
  2. 00:32Alabama State Constitution & Gun Rights
  3. 01:36Article 1, Section 26: Right to Bear Arms & Strict Scrutiny
  4. 03:07Restrictions on Owning Firearms
  5. 03:28Federal vs. State Prohibitions in Alabama
  6. 03:49Handgun Ownership Restrictions (Minors, Addiction)
  7. 04:23Mental Health Prohibitions & Reporting
  8. 05:23Prohibited Person Database
  9. 05:34Acquiring Firearms: Background Checks
  10. 05:47Handgun Sales & Dealer Licenses
  11. 06:36Delivery Restrictions (Handguns)
  12. 07:31FFLs and NICS in Alabama
  13. 07:50Homemade & Unserialized Firearms
  14. 08:12Ammunition Laws
  15. 08:36Prohibited Ammunition Types
  16. 08:58Carry Laws: Concealed vs. Open
  17. 09:07Loaded Firearms in Vehicles
  18. 09:28Employer Restrictions on Vehicle Storage
  19. 09:37Concealed Carry License Issuance ('Shall Issue')
  20. 09:49Carry Permit Fees & Lifetime Permits
  21. 10:01Firearm Safety Course Requirement (None)
  22. 10:08Disclosure of Permit Holder Information
  23. 10:20Carry Permit Reciprocity
  24. 10:34Open Carry Laws
  25. 10:46Open Carry & Disorderly Conduct
  26. 11:08Where You Can Carry Firearms
  27. 11:18Firearms on College Campuses
  28. 11:24Firearms on K-12 School Premises
  29. 11:53Firearms at Public Demonstrations
  30. 12:05Firearms at the State House
  31. 12:12Prohibited Locations (Jails, Psych Wards, etc.)
  32. 12:22Prohibited Locations (Police Stations, Courthouses)
  33. 12:42Self-Defense & Duty to Retreat
  34. 13:20NFA Items & Federal Regulations
  35. 13:29Machine Guns, Assault Weapons, Large Caliber Firearms
  36. 13:36Suppressor Sales License
  37. 13:42Short-Barreled Rifles and Shotguns
  38. 13:51Disguised Firearms (Cane)
  39. 14:00Rights Restoration
  40. 14:14Rights Restoration for Mental Health Adjudications
  41. 14:41Rights Restoration for Criminal Convictions (Pardons)
  42. 15:00Expungement vs. Firearm Rights Restoration
  43. 15:09Miscellaneous Provisions
  44. 15:16State Preemption of Local Firearms Laws
  45. 15:43Absence of Magazine Capacity, Red Flag, Safe Storage Laws
  46. 15:52Grading Alabama's Gun Laws
  47. 16:05Alabama's 'Okay, I Guess' Grade
  48. 16:20Concerns with Recent Legislative Developments
  49. 17:03Final Grade: B-Minus
  50. 17:08Viewer Feedback & Future Updates
  51. 17:30Support the Channel (Patreon, SubscribeStar)

Frequently Asked Questions

What is the significance of the 2014 amendment to Alabama's constitution regarding gun laws?

The 2014 amendment to Article 1, Section 26 of the Alabama Constitution established a fundamental right to bear arms and mandated that any restrictions on this right be subject to strict scrutiny. This means laws must be very narrowly tailored to serve a compelling government interest, making it harder to pass restrictive gun legislation.

Does Alabama require background checks for all firearm purchases?

No, Alabama does not have a state law requiring background checks for private firearm sales between individuals who are not licensed dealers. However, licensed firearm dealers are required by federal law and state licensing requirements to conduct NICS checks before transferring firearms.

What are the general restrictions on handgun possession in Alabama?

Generally, Alabama prohibits handgun possession by individuals under 18, those addicted to drugs, or habitual drunkards. It also prohibits possession by those convicted of violent crimes, misdemeanor domestic violence, or subject to domestic abuse protection orders, or those of unsound mind.

Is Alabama a 'shall issue' or 'may issue' state for concealed carry permits?

Alabama is a 'shall issue' state for concealed carry licenses. This means that the county sheriff is required to issue a license to any applicant who is 19 years of age or older and meets the established legal criteria, without discretionary judgment.

Can individuals with past mental health adjudications have their firearm rights restored in Alabama?

Yes, individuals with mental health adjudications in Alabama can petition the district court to restore their firearm rights. The court must grant relief if the petitioner proves, by a preponderance of the evidence, that they are not likely to act in a manner dangerous to public safety.

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