Certain Persons Forbidden / Unlawful Possession of a Firearm

Highly Experienced Birmingham Criminal Defense Attorney Helping Alabama Gun Owners Stay Out of Legal Trouble

Alabama is one of just a few “open carry” states, meaning eligible individuals can carry an unconcealed firearm in many public places. And, as of 2023, Alabama’s new Permit-less Carry Law went into effect, eliminating the need for lawful gun owners to obtain a concealed carry permit. However, carrying a concealed weapon in certain prohibited locations can still land you in seriously legal trouble. 

Being charged with a firearms offense in Alabama is a serious matter requiring a serious Birmingham criminal defense attorney. At the Stoves Law Firm, P.C. Attorney Jason Stoves has a long history of defending the rights of gun owners who find themselves on the wrong side of the law. We understand the stakes these cases present in terms of your life and your future, and we are prepared to do everything possible to avoid a conviction.

Alabama’s Gun Laws

Under Alabama law, anyone who is 18 years or older is allowed to carry a handgun openly without a permit. Prior to 2023, anyone who wanted to carry a concealed firearm had to obtain a concealed carry permit through their local sheriff’s office. However, that changed with the passage of AL HB272, better known as Alabama’s Permitless Carry Law.

Under the new law, anyone over 19 does not need to have a permit to carry a concealed firearm in public. However, there are some significant restrictions. For example, owners of private property still have the right to prohibit guns on their property. This also applies to the following public locations:

• Police, sheriff, or highway patrol stations
• Prisons and jails
• In-patient mental health care facilities
• Courthouses
• District attorneys’ offices
• School-sponsored sporting events
• Professional sporting events
• Any building that restricts access through the use of security guards, metal detectors, etc.

If you enter another’s private property or one of the public properties mentioned above without the owners’ permission to carry a firearm, the property owner can call the police and have you arrested for trespassing. You could also face a Class C misdemeanor under Ala. Code § 13A-11-61.2.

What Happens if You Violate Alabama’s New Permitless Carry Law?

For gun owners, Alabama’s gun laws have significantly improved under the Permitless Carry Law. However, the law also creates some confusion, and it’s almost a guarantee that some well-intentioned gun owners will violate the law accidentally. In these cases, it will initially be up to the responding police to determine whether to arrest you. if you are arrested, the district attorney in the county of your arrest will then have the option to file criminal charges against you. While prosecutors are likely to take an understanding approach when it comes to those violations that they believe to be truly innocent, that will not always be the case.

For those who are arrested and charged with a gun crime, it is essential to reach out to an experienced Birmingham criminal defense attorney for assistance. Because the Permitless Carry Law is so new, it will take courts time to determine how to handle violations. This means that it will be up to you and your attorney to explain to the judge why your actions were not criminal.

Are You Facing Gun Charges in Birmingham?

If you were recently arrested and charged with unlawfully possessing a firearm, reach out to the Stoves Law Firm, P.C. for immediate assistance. Attorney Jay Stoves is a veteran Birmingham gun crimes lawyer who is on the cutting edge of new legal developments around firearms laws. We take pride in providing a vigorous defense on behalf of good people charged with potentially life-changing crimes and look forward to discussing how we can help with your case. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.

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