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Gun Possession & Weapon Charges

The issue of guns and weapons is most definitely a divisive one, because though we have the right to keep and bear arms according to the Second Amendment, these are still dangerous objects that can cause serious bodily harm or death to a person. In many cases, the possession of a weapon or gun during a crime will enhance the penalties.

In order to prevent this misuse of Second Amendment rights, Alabama has regulatory statutes that govern the sale and possession of guns. Being in violation of these laws is a serious offense, and hiring an experienced defense lawyer in Alabama could be critical in protecting your rights and your future.

Huntsville Firearm Arrest Defense Lawyer

If charged with a gun or firearm offense, it is important to have an attorney by your side that understands both Alabama laws and your right to bear arms in our Constitution’s Second Amendment. With nearly 40 years of combined experience encompassing both sides of Alabama courtrooms, the skilled criminal defense attorneys at Law Offices Of Segal & Segal can do just that for your case.

If you have been charged in the Alabama counties of Madison, Marshall, Morgan, Limestone, or Jackson, contact the lawyers at Law Offices Of Segal & Segal. Your initial case overview is free, so call (256) 533-4529 today to set it up.


Alabama Gun & Firearm Laws Information Center


Overview of State Gun and Weapon Laws

Compared to other states, Alabama’s gun and weapon laws are generally permissive. According to Alabama Code Section 11-45-1.1, the entire subject matter of handguns is reserved to the state legislature. Any ordinance or code related to other firearms or weapons that levies taxes or regulates gun discharge is usually subject to the city, county, or other locality’s determination. The only firearm universally prohibited across the state are those that function and/are disguised as walking canes.

Restrictions on firearms and weapons in Alabama are fairly general. Most involve who can own a weapon, the concealment of guns or other weapons, and the locations weapons are and are not permitted. These restrictions include:

  • To purchase and/or own a handgun, the individual must be 18 or older
  • Convicted violent offenders, habitually impaired alcoholics, and drug addicts are not allowed to purchase pistols and other handguns.
  • Concealed weapons are not allowed unless licensed
  • Concealed brass knuckles, slingshots, and bowie knives are not allowed
  • Firearms and weapons may not be carried
    • Onto private premises not your own
    • To demonstrations in public places
    • In public schools – in certain circumstances
    • In state parks, forests, recreation areas – in certain circumstances
    • To domestic violence shelters – in certain circumstances
    • To youth detention facilities – in certain circumstances
    • Onto other properties that ban guns and weapons
  • Concealed brass knuckles, slingshots, and bowie knives are not allowed
  • Discharging a firearm into any occupied or unoccupied building, with special consideration for school buses and school buildings
  • Dealers of pistols and handguns must be licensed

Rifles, shotguns, and other firearms do not require licensing for sale or ownership. More details on all of Alabama’s gun and weapons laws can be found in Title 13A, Chapter 11 – Article 3.


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Examples of Gun and Weapon Offenses in Huntsville

Firing Into an Unoccupied Building: If a person fires into an unoccupied home, building, railroad car or locomotive, aircraft, automobile, truck or watercraft, it is a Class C felony, punishable by one to 10 years in prison and a fine up to $15,000.

Firing Into an Occupied Building: If the structure being fired into is occupied, the charges go up to a Class B felony, punishable by two to 20 years in prison and a fine up to $30,000.

Possession of a Short-Barreled Rifle or Shotgun: If convicted of knowingly possessing a rifle with a barrel less than 16 inches long with an overall length less than 26 inches, or a shotgun with a barrel less than 18 inches long with an overall length less than 26 inches, it is a Class C felony, punishable by one to 10 years in prison and a fine up to $15,000. This includes sawed-off shotguns.

Providing False Information to a Dealer: Knowingly providing materially false information to a firearms dealer is a Class C felony, punishable by one to 10 years in prison and a fine up to $15,000.


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Aggressively Upholding your 2nd Amendment Rights in Alabama

If you face weapons charges anywhere in the Huntsville area, the tough, experienced defense lawyers at Law Offices Of Segal & Segal will defend your rights. Call us today at (256) 533-4529 or send an online message for a free consultation.