ALEA Announces Firearms Prohibited Person Database Press Release

Montgomery, AL – In 2021, the Alabama Legislature passed the Alabama Uniform Concealed Carry Permit Act (Act 2021-246) which goes into effect Jan. 1, 2023. The Act requires the Alabama Law Enforcement Agency (ALEA) to develop, create, maintain, and administer a searchable state Firearm Prohibited Person (FPP) Database that enables law enforcement officers across the state to learn of a person’s inability to possess a firearm.

The database was created for the purpose of providing law enforcement with a means to check and gather accurate information, to provide officers with situational awareness relative to the individuals they encounter in order to protect both citizens and visitors as well as law enforcement. Regardless if law enforcement officers are issuing a citation on a traffic stop or investigating criminal activity, officers using the Law Enforcement Tactical System (LETS) can now receive notifications concerning an individual’s inability to possess a firearm.

ALEA’s Criminal Justice Information Services (CJIS) Division successfully completed and began the testing phase of the new database in August of 2022. The database was fully operational and compliant with the Act on Oct. 1, 2022.

The estimated cost(s) of the database is a one-time fee of approximately $400,000 and $45,000 annually. The annual fee includes the infrastructure of the system such as the server, license and maintenance.

The Alabama Legislature also passed the Open Carry or Permit-less Carry (Act 2022-133) which repealed the Permit to Carry Pistol in Vehicle or Concealed (13A-11-73) law and eliminates the requirement for Alabama citizens to obtain a permit to carry a concealed pistol.

Citizens should be advised that this Permit-less Carry Law only pertains to the state of Alabama. If you are planning to travel across state lines with a concealed pistol, we encourage everyone to be aware of concealed permit laws in the state(s) in which you are traveling that may require a permit.

Since the database went live on Oct. 1, ALEA’s CJIS Division has been committed to enhancing and improving the database in an effort to ensure the safety of both citizens and visitors as well as law enforcement within the state.

Photo Courtesy of he Calhoun County Sheriff's Office

In addition the Calhoun County Sheriff’s Office put together a document detailing the changes. Per the Sheriff below is the document they released. This is also available on their facebook page.

The Alabama Legislature made several changes to Alabama’s gun laws. Here are a few new things that you need to know about firearm laws in Alabama as of January 1st.

Permits

Alabamians that are otherwise eligible to possess and carry a firearm are no longer required to purchase a pistol permit in order to carry a pistol on their person (concealed or openly), or in a vehicle. This is what some refer to as “Constitutional Carry.”

You may still purchase a pistol permit if you would like. Some choose to due to reciprocity laws in other states, or other personal reasons. If you would still like a permit, we sell them in increments of 1 year, 5 years, or lifetime.

Reciprocity

Alabama permits are recognized by the states of Mississippi, Georgia, Vermont, New Hampshire, Idaho, Montana, North Dakota, South Dakota, Arkansas, North Carolina, and Indiana. If traveling to another state, you would have to obtain a permit recognized by that specific state. South Carolina is the only southern state not to recognize a permit from our state. Citizens must have an Alabama pistol permit if required by that specific state. Make sure to understand the firearms laws in any state to which you travel.

Prohibited Persons

The law about who is eligible to possess and carry a firearm has not changed. To be eligible, a person must:

Be at least 18 years of age
Has not been convicted of a violent crime, to include misdemeanor domestic violence
Has not been adjudicated as mentally deficient
Does not have an active protection order against them

Prohibited Places

The law now states that the mere possession or carrying of a firearm in a public place is not in and of itself a crime. However, if a person is to “brandish” or threaten another with a firearm, it may still be a crime. Brandishing means “waving, flourishing, displaying, or holding of an item in a manner that is threatening or would appear threatening to a reasonable person, with or without explicit verbal threat, or in a wanton or reckless manner.”

Some federal laws still prohibit the carrying of firearms in places like military bases and federal buildings. Alabama law still prohibits the carrying of firearms in law enforcement buildings, courthouses and courthouse annexes, jails and prisons, psychiatric facilities, drug treatment facilities and half-way houses. In addition, the owner of private property may prohibit others from carrying a firearm on their property. You may be charged with trespassing if you refuse to leave at the request of the owner.

Law Enforcement Interactions

The law now provides that a law enforcement officer may relieve a person of their weapon if the officer has reasonable suspicion that the person has committed or is planning to commit a crime. The officer may also relieve a person of their weapon if the person presents a threat to themselves, the officer, or the public. The law now requires that you disclose to a law enforcement officer that you are carrying a firearm on your person or in your vehicle if asked. The law does prohibit the person from touching the weapon during the interaction unless directed to by the officer.

Shotguns

Lastly, the law also changed the definition of a shotgun to comply with technological advancements in shotgun design.

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