Birmingham Defense Attorney for Gun Charges

If you’re ready to hire a criminal law attorney, there are many ways of getting in touch:

 

"I would recommend him to my friends and family without hesitation."

– Michael W

Adults in Alabama can purchase a handgun from a private individual without a permit, going through a background check, or registering your firearm. To buy a handgun from a licensed dealer, you must be at least 21 years old and will need to go through a background check. Once you possess a firearm, there are still more Alabama gun laws to follow regarding where you can take it (loaded and unloaded) and whether you can conceal your weapon or not.

You can also be charged with a crime if the police believe you used your firearm in a criminal or criminally negligent manner. Our criminal defense lawyers are well versed in Alabama’s gun laws for pistols, revolvers, rifles, shotguns, semi-automatic firearms, and other weapons.

You can contact us online or call (205) 981-2450 to schedule a free consultation.

Open Carry in Alabama

As long as you are 19 and able to possess a firearm legally, you can openly carry a firearm in Alabama without a permit. However, there are restrictions as to where you can take your openly carried firearm, including schools and courthouses. If you take a firearm into a place where it is not allowed, you can be arrested and charged with a crime.

Obtaining a Shelby County, Alabama Concealed Carry Permit

To obtain a concealed carry permit in Jefferson County, Shelby County, or any other location in Alabama, you must apply with the county sheriff.

Alabama is a “shall issue” state. If you meet all of the requirements for a CCW permit, it must be issued or renewed under AL Code §13A-11-75. Alabama’s concealed carry age is 19 years old. If you are at least 19 years old, a U.S. citizen or lawful immigrant, then you can apply for a permit in the county where you reside.

Other requirements for a concealed carry permit include:

  • Not having any violent convictions on your record.
  • Not being prohibited from owning a firearm by state or federal law.
  • Not being addicted to and dependent on drugs or alcohol.
  • Being of sound mind and not involuntarily committed to psychiatric or drug addiction treatment.

The sheriff has the right to deny you a permit if you are prohibited from owning a firearm by state or federal law, or if the sheriff has a reasonable suspicion you may use the weapon unlawfully or endanger yourself or others.

When Can a Gun Permit be Denied

When determining whether your permit request should be denied, the sheriff will consider whether you:

  • Were found guilty but mentally ill in a criminal case;
  • Were found not guilty in a criminal case by way of insanity, mental disease, or defect;
  • Were declared incompetent to stand trial in a criminal case;
  • Asserted a defense in a criminal case of not guilty by reasons of insanity, mental disease, or defect;
  • Were found not guilty by reason of lack of mental responsibility under the Uniform Code of Military Justice;
  • Required involuntary inpatient treatment by a psychiatric hospital or treatment facility;
  • Required involuntary outpatient treatment based on a finding that you were an imminent danger to yourself or others;
  • Required involuntary commitment to a psychiatric hospital or another facility for any reason, including drug addiction;
  • Were or are being prosecuted or the subject of commitment or incompetency proceedings that could lead you to be prohibited from possessing or receiving a firearm;
  • Falsified any part of your permit application; or
  • Caused justifiable concern for public safety.

No safety or training course is required to obtain a permit.

Concealed Carry in Alabama Without a Permit

If you are arrested in Alabama for carrying a concealed weapon on your person or for having a loaded firearm in your vehicle without a current, valid concealed carry permit, contact a concealed carry lawyer immediately.

Under AL Code §13A-11-50, you can be fined between $50 and $500 and incarcerated in the county jail or sentenced to hard labor for the county for up to six months.

At Alabama Criminal Lawyers, we understand these situations regularly arise out of misunderstandings. You may have intended to openly carry your handgun in a lawful manner. You may also have, in good faith, believed your permit to be current.

Our CCW lawyers will thoroughly review the allegations against you and defend you against a gun crime conviction.

Don’t Wait Until It’s Too Late

The Time To Hire An Attorney Is Now.

Call us at 205-981-2450

Other Common Weapons Charges

There are dozens of gun laws in Alabama. Many are specific to handguns, while others deal with rifles and shotguns. Still, others apply to other types of weapons.

Some of the most common charged we handle are:

 

Felon in Possession of a Firearm (AL Code §13A-11-72)

Alabama law does not allow individuals convicted of certain felonies or misdemeanor domestic violence to possess or own a firearm. Federal law is even broader, and all convicted felons are prohibited from owning, possessing, or controlling a gun. If you have a felony on your record and are found with a firearm, you should call a lawyer right away.

Possession of Short-Barreled Rifle or Shotgun (AL Code §13A-11-63)

If you unlawfully possess, obtain, receive, sell, or use a short-barreled rifle or short-barreled shotgun, you will be charged with a Class C felony, punishable by between one year and one day and 10 years in prison. This law is one of many that prohibits possession of certain types of weapons and firearms. If you are arrested for possessing a prohibited weapon, contact Alabama Criminal Lawyers right away.

Alteration of Manufacturer’s Number (AL Code §13A-11-64)

If you alter, remove, or obliterate a firearm’s maker, model, or manufacturer’s number or any other identifying mark, or you possess a firearm with an altered or removed identifying mark, you will be charged with a Class C felony.

Possession of Firearms in Certain Places (AL Code §13A-11-61.2)

If you knowingly carry or possess a firearm in certain places without authority to do so, like a courthouse, police station, or mental health facility, you will be charged with a Class C misdemeanor, punishable by up to three months in jail.

Discharging a Firearm into Occupied or Unoccupied Building (AL Code §13A-11-61)

It is illegal to shoot or discharge a weapon into any occupied or unoccupied dwelling, building, railroad car, aircraft, vehicle, or vessel. If the building or vehicle was occupied, this is a Class B felony, punishable by between two and 20 years in prison. If it was unoccupied, it is a Class C felony.

If you believe you have been wrongfully charged with a gun crime, do not hesitate to call a gun rights lawyer for help. Alabama Criminal Lawyers will fight hard to protect your right to own a firearm.

Facing Gun Charges in AL?

Alabama has made significant changes to state gun laws in the past five years, and more changes may be on the way. It can be difficult to keep up with your rights and responsibilities as a lawful gun owner. When you make a careless or honest mistake, you could suddenly find yourself facing serious charges.

To learn more about Alabama firearms laws and the charges and penalties you face, contact Alabama Criminal Lawyers at (205) 981-2450 or use the online form to request your free evaluation.

Can I have a gun if I have been accused of domestic violence?

It depends. If the alleged victim of the domestic violence obtained a protective order against you, you may not be allowed to possess any firearms. If you are convicted of misdemeanor or felony domestic violence, you cannot lawfully possess or own a gun.

What if I get caught with a gun without a Pistol License in Alabama?

Open carry of a firearm is legal in Alabama without a permit, though certain places are off limits. To carry a handgun concealed on your person, you must have a valid Pistol Permit. If you carry a gun concealed on your person without a permit, you face an unclassified misdemeanor offense, punishable by up to six months in county jail or hard labor and fines up to $500.

Can a felon get gun rights back in Alabama?

In limited circumstances, a person convicted of a felony or misdemeanor domestic violence in Alabama can have their gun rights restored. You would need to have the conviction overturned on appeal or gain a full pardon.

Will I go to jail if I possess a gun and have been charged with a felony crime?

If you allegedly possessed or used a gun during the commission of a felony, this is an aggravating factor. If you are convicted of the felony, the presence of a firearm, whether lawfully owned or not, can be used as a reason to give you a tougher sentence.