2022 Code of Alabama
Title 13A - Criminal Code.
Chapter 11 - Offenses Against Public Order and Safety.
Article 3 - Offenses Relating to Firearms and Weapons.
Division 2 - Pistols.
Section 13A-11-75 - (Effective Until the Implementation of Act 2021-246) Permit to Carry Pistol in Vehicle or Concealed on Person - Issuance; Fee; Revocation; Release of Information.
Section 13A-11-75
(Effective until the implementation of Act 2021-246) Permit to carry pistol in vehicle or concealed on person - Issuance; fee; revocation; release of information.
(a)(1) An Alabama resident who is 19 years of age or more may apply to the sheriff of his or her county of residence for issuance or renewal of a concealed carry permit, valid for one year or five years.
(2) An Alabama resident who is 18 years of age or more and is a service member as defined in Section 35-10-70 or a retired or honorably discharged military veteran as defined in subsection (b) may apply to the sheriff of his or her county of residence for issuance or renewal of a concealed carry permit, valid for one year or five years.
(3)a. Except as provided in paragraph b., an Alabama resident who possesses a valid concealed carry permit may apply to the sheriff of his or her county of residence for issuance of a lifetime carry permit.
b. A sheriff may require an applicant for a lifetime carry permit to possess a valid concealed carry permit for not more than five consecutive years prior to approving the application for issuance of the permit. A sheriff's determination under this paragraph shall not be subject to any appeal or review under subsection (j).
(b)(1) Upon receipt of an application for a concealed carry permit, the sheriff shall complete a criminal background check through the National Instant Criminal Background Check System (NICS) and review the state firearms prohibited person database.
(2) The sheriff shall also review any other available local, state, and federal criminal history databases to determine whether possession of a pistol or firearm by an applicant would be a violation of state or federal law.
(3) Upon application by an individual who is not a United States citizen, the sheriff shall conduct an Immigration Alien Query through U.S. Immigration and Customs Enforcement, or any successor agency, and the application form shall require information relating to the applicant's country of citizenship, place of birth, and any alien or admission number issued by U.S. Immigration and Customs Enforcement, or any successor agency. The sheriff shall review the results of these inquiries before making a determination of whether to issue a permit or renew a permit. An individual who is unlawfully present in this state may not be issued a permit under this section.
(c) Within 30 days from receipt of a completed application, a sheriff shall approve or deny the application. In making a determination whether to approve or deny the issuance or renewal of a permit, the sheriff shall consider whether the applicant:
(1) Was found guilty but mentally ill in a criminal case.
(2) Was found not guilty in a criminal case by reason of insanity or mental disease or defect.
(3) Was declared incompetent to stand trial in a criminal case.
(4) Asserted a defense in a criminal case of not guilty by reason of insanity or mental disease or defect.
(5) Was found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice.
(6) Required involuntary inpatient treatment in a psychiatric hospital or similar treatment facility.
(7) Required involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding that the individual is an imminent danger to himself or herself or to others.
(8) Required involuntary commitment to a psychiatric hospital or similar treatment facility for any reason, including drug use.
(9) Is or was the subject of a prosecution or of a commitment or incompetency proceeding that could lead to a prohibition on the receipt or possession of a firearm under the laws of Alabama or the United States.
(10) Falsified any portion of the permit application.
(11) Caused or causes justifiable concern for public safety.
(d)(1) If the sheriff determines that any of the factors in subsection (c) apply to the applicant, or that the criminal background check under subsection (b) returned any result showing that the applicant is prohibited from the possession of a pistol or firearm pursuant to state or federal law, the sheriff shall deny the application.
(2) If the sheriff cannot determine whether or not a factor listed in subsection (c) applies to the applicant, the sheriff may request additional information from the applicant.
(3)a. Upon the denial by a sheriff of an application for a concealed carry permit, the sheriff shall immediately give a written notice to the applicant giving the specific reason or reasons for denial, the date of completion of the background check, and the name and signature of the sheriff whose office conducted the background check.
b. If the sheriff denies an application due to a determination that the issuance or renewal of a permit to an individual would cause or causes justifiable concern for public safety, the sheriff shall clearly articulate the reasoning behind that determination within the written notice.
(4) The sheriff shall notify the Alabama State Law Enforcement Agency of a denial of an application for a permit in a manner as prescribed by the commission for entry into the state firearms prohibited person database if the reason for that denial was due to the applicant being ineligible to possess a firearm under state or federal law.
(5) Upon receiving notice of a denial of an application for a concealed carry permit due to the applicant being prohibited from possessing a firearm under state or federal law, or a conviction or court order that would prohibit that individual from possessing a pistol or firearm under state or federal law, the Alabama State Law Enforcement Agency shall enter the information into the state firearms prohibited person database and ensure that a "Firearms Prohibited Person" notice is viewable by law enforcement officers and other authorized persons through the Law Enforcement Tactical System.
(e)(1) If the sheriff determines that the applicant is not prohibited from the possession of a pistol or firearm under state or federal law and that the applicant should not otherwise be denied a concealed carry permit pursuant to this section, the sheriff, upon receipt of the appropriate fee as provided in subsection (f), shall approve the application.
(2)a. Immediately upon approval of an application for a concealed carry permit, the sheriff shall issue the applicant a secure permit card to carry a pistol in a vehicle or concealed on or about his or her person within this state, valid for a term of one year, five years, or the permit holder's lifetime, as indicated within the approved application.
b. If the sheriff is unable to produce a hard copy secure permit card at the time of approval, the sheriff shall issue the applicant a temporary paper permit, valid for 30 days following the date of issuance. The sheriff shall produce and mail to the applicant a hard copy secure permit card within 15 days of issuing the temporary paper permit.
(f)(1) Notwithstanding any provision of law to the contrary:
a. The fee for a concealed carry permit for a term of one year or five years shall be the same as currently provided by local law for that county, and the resulting funds shall be distributed as currently provided by local law.
b. If there is no local law setting the fee for a one-year permit, the fee shall be twenty-five dollars ($25), and the funds shall be distributed to the sheriff. If there is no local law setting the fee for a five-year permit, the fee shall be one hundred twenty-five dollars ($125), and the funds shall be distributed to the sheriff.
c. A sheriff shall charge no fee for issuing or renewing a permit to a service member, a retired or honorably discharged military veteran, a law enforcement officer as defined by Section 36-30-20, or an honorably retired law enforcement officer eligible for a card under Section 36-21-9.
(2)a. The fee for a lifetime concealed carry permit shall be three hundred dollars ($300). If an individual applies for a lifetime carry permit within one year after the expiration date of an otherwise valid pistol permit possessed by that individual, or the expiration of any extended renewal period offered by the sheriff, whichever is later, the fee for the lifetime carry permit shall be reduced by an amount equal to the fee paid for the expired permit at the time that expired permit was issued.
b. Notwithstanding paragraph a., the fee for a lifetime concealed carry permit shall be one hundred fifty dollars ($150) if the applicant is 60 years of age or older at the time of application.
c. A sheriff shall charge no fee for issuing or renewing a lifetime carry permit to a service member, a retired or honorably discharged military veteran, a law enforcement officer as defined by Section 36-30-20, or an honorably retired law enforcement officer eligible for a card under Section 36-21-9.
(3)a. Eighty percent of the fees for a lifetime carry permit shall be distributed to the sheriff of the county of residence of the applicant, to be used for the administration of the concealed carry permit application process and other law enforcement purposes. The remaining 20 percent shall be distributed to the Alabama State Law Enforcement Agency, to be used for the administration of the state firearms prohibited person database and for other law enforcement purposes.
b. Notwithstanding paragraph a., beginning October 1, 2024, the agency may use these funds only for the administration of the state firearms prohibited person database.
(4) Each sheriff shall ensure that all fees set forth within this section are properly distributed pursuant to this section on a quarterly basis.
(5) Each sheriff shall prepare a report on the number of permits issued and renewed within the county, and shall include a detailed accounting of fees and their distribution. A sheriff, upon request, shall provide a copy of this report to the Alabama State Law Enforcement Agency or the Legislative Services Agency.
(g)(1) A permittee who changes his or her permanent address shall report that change of address to the sheriff of the county of his or her new residence within 30 days. Failure by an individual with a valid concealed carry permit or lifetime carry permit to report the change of address as directed by this subdivision shall result in the permit being subject to revocation.
(2) A permittee who loses the physical permit or who has his or her physical permit stolen shall report that lost or stolen permit to the sheriff of the county of his or her residence within 30 days.
(3) If a permittee changes his or her permanent address, loses his or her concealed carry permit, has his or her concealed carry permit stolen, or desires to replace a damaged concealed carry permit, and requests a new physical permit prior to the expiration date of the concealed carry permit, upon receipt of request and a fee not to exceed twenty-five dollars ($25), the sheriff of the county of residence shall issue a permit in the same manner as provided in subdivision (e)(2).
(h) At least once every five years from the date of issuance, each sheriff shall conduct a background check on each individual with a lifetime carry permit issued within his or her county in the same manner as provided in subsection (b), to ensure that the individual has not been convicted of any crime which would prohibit that individual from purchasing or possessing a pistol or firearm under state or federal law and that the individual has otherwise remained eligible for a permit based upon the factors provided in subsection (c).
(i)(1)a. At any point after an individual is issued a concealed carry permit or lifetime carry permit, and so long as the permit is valid, if the Alabama State Law Enforcement Agency, a law enforcement officer, or a court becomes aware that the individual has become prohibited from possessing a pistol or firearm under state or federal law, or otherwise concludes that the individual should not possess a permit based on the factors provided for issuance under subsection (c), the agency, officer, or court shall immediately notify the sheriff of the county of residence of the individual. The agency, officer, or court shall furnish relevant evidence along with the notice.
b. If the sheriff of the county of residence of a permittee becomes aware that a permittee is prohibited from purchasing or possessing a pistol or firearm under federal or state law, or otherwise concludes that the permittee should not possess a concealed carry or lifetime carry permit based on the factors provided for issuance under subsection (c), the sheriff shall revoke the permit.
c. Immediately upon revocation of a permit, the sheriff shall send notice of that revocation to the individual whose permit was revoked. The notice delivered to the individual shall be in written form, but an additional copy may also be delivered in an electronic form. The notice shall include all of the following:
1. The name of the individual whose permit has been revoked.
2. The specific reason for revocation of the permit, including citation to relevant law.
3. The date of conviction or other event on which the revocation is based, if applicable.
4. Information on how the individual may appeal the revocation.
(2) If the revocation was due to the permittee being prohibited from possessing a firearm under federal or state law, the sheriff shall send notice to the Alabama State Law Enforcement Agency, in a form prescribed by the commission, for entry into the state firearms prohibited person database. Upon receipt of a notice of revocation, the Alabama State Law Enforcement Agency shall update the state firearms prohibited person database to reflect that revocation and shall also enter a "Firearms Prohibited Person" notice into the state firearms prohibited person database in the same manner as provided under subdivision (d)(5).
(3) Upon revocation of a permit, the sheriff of the county of residence of the permittee or any other law enforcement officer with a reasonable opportunity shall make reasonable efforts to confiscate the permit card.
(j)(1) An individual who has been denied a permit under subsection (d), an individual whose permit has been revoked under subsections (g) or (i), or any individual who is listed on the state firearms prohibited person database may appeal the denial, revocation, or database entry to the district court of the county where the individual resides. During the court's review of the decision, the sheriff of the county of residence of the individual shall have the burden of proving by clear and convincing evidence that possession of a pistol or firearm by the individual would be in violation of state or federal law or that the individual otherwise should not possess a permit based on the factors provided for issuance under subsection (c).
(2) A court hearing an appeal under this subsection shall issue a written determination within 30 days providing the reasoning for the determination, as well as any facts or evidence upon which the determination was based. The court shall deliver written copies of this determination to the individual, the sheriff of the county of residence of the individual, and the Alabama State Law Enforcement Agency.
(3) A court hearing an appeal under this subsection may waive court costs for the appeal if the court concludes that the appellant demonstrated a reasonable belief that he or she should not be listed on the firearms prohibited person database or that the denial or revocation was improper.
(4)a. Within three days of receiving a notice of a court determination that the revocation or denial of a permit was improper, the sheriff shall issue or reissue a physical permit to the applicant in the same manner as provided in subdivision (e)(2).
b. Within three days of receiving a notice of a court determination that the listing of an individual on the database was improper, the sheriff shall ensure that the results of the appeal are sent to the Alabama State Law Enforcement Agency for entry in the state firearms prohibited person database.
(k) The name, address, signature, photograph, and any other personally identifying information collected from an applicant or permittee under this section shall be kept confidential, shall be exempt from disclosure under Section 36-12-40, and may only be used for law enforcement purposes except when a current permittee is charged in any state with a felony involving the use of a pistol. All other information on permits under this section, including information concerning the annual number of applicants, number of permits issued, number of permits denied or revoked, revenue from issuance of permits, and any other fiscal or statistical data otherwise, shall remain public writings subject to public disclosure. Except as provided above, the sheriff of a county and the Alabama State Law Enforcement Agency shall redact the name, address, signature, photograph, and any other personally identifying information of a permit holder before releasing a copy of a permit for a non-law enforcement purpose. The sheriff or the agency may charge one dollar ($1) per copy of any redacted permit record requested other than when requested for law enforcement purposes. To knowingly publish or release to the public in any form any information or records related to the licensing process, or the current validity of any permit, except as authorized in this subsection or in response to a court order or subpoena, is a violation of Act 2021-246 subject to misuse penalties established by rule of the commission.
(l) A concealed carry permit issued under this section shall be valid for the carrying of a pistol in a motor vehicle or concealed on the permittee's person throughout the state, unless prohibited by this section.
(m) This section shall not be construed to limit or place any conditions upon an individual's right to carry a pistol that is not in a motor vehicle or not concealed.
(n)(1) If a permittee establishes residence in another state, his or her permit shall expire upon the establishment of residence in the other state.
(2)a. Notwithstanding subdivision (1), if a service member possesses a lifetime concealed carry permit and establishes residence in another state, the permit shall expire upon the establishment of residence in the other state.
b. Notwithstanding paragraph a., if the service member's establishment of residence in the other state was a result of relocation related to the military service of that service member, and that service member thereafter re-establishes residence in Alabama, the sheriff of the county of residence, upon request of the service member, shall reinstate the lifetime concealed carry permit of that service member.
(o) Any individual who knowingly or intentionally makes a false statement while applying for a permit or appealing the denial or revocation or database listing under this section shall be guilty of a Class C misdemeanor.
(p) Nothing in this section shall be construed to permit a sheriff, the Alabama State Law Enforcement Agency, or a court to disregard any federal law or regulation pertaining to the purchase or possession of a pistol or firearm.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §177; Acts 1947, No. 616, p. 463, §5; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-155; Act 2006-551, p. 1268, §1; Act 2009-711, p. 2093, §1; Act 2013-283, p. 938, §2; Act 2018-400, §1; Act 2019-440, §1; Act 2021-246, §3.)
