Alabama’s Handgun Laws and Constitutional Rights

Alabama’s current concealed carry law may be unconstitutional. The phrase “may issue” allows county sheriffs discretion in deciding whether each applicant has “good reason” to carry a concealed pistol. In order to ensure that Alabama’s law complies with the requirements of the Second Amendment, Section 13A-11-75 of the Code of Alabama should be changed from a “may issue” law to a “shall issue” law where applicants not otherwise prohibited from carrying a pistol are granted a permit. In order to offer complete transparency, the Legislature should clarify that there is no licensing requirement to carry a pistol unconcealed when not in a vehicle, provided that the individual is not otherwise prohibited by law from carrying a pistol.

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