What Happens if I get Pulled Over for DUI with a Loaded Gun in my Car in Alabama?
If you occasionally drive while buzzed or while under the influence this can happen to you. You may not even remember that you have a loaded gun in your car. It’s always there, just in case.
But this time, the officer pulling you over might not be so
understanding. This might be the time you need the assistance and guidance of
an experienced personal injury law firm to help you through this difficult
situation.
A Loaded Gun in Your Car in Alabama
Consider
that when you applied to carry your weapon in a concealed manner, or a
concealed carry weapon (CCW) you agreed that you would not commit any crimes
with a gun in your possession as part of the requirements of receiving your
permit.
You also agreed to be at least 19, to have no convictions of violence, you must be a US citizen or legal alien, have no drug or alcohol habits and be of sound mind with no background of psychiatric or drug treatment stays. You are prohibited from bringing your concealed weapon near a school kindergarten to a university, a public gathering, a police station, a jail or a court.
There are currently more than 755,000 concealed weapon permits issued in Alabama. Unfortunately, driving under the influence (DUI) is considered a crime that can bring you a misdemeanor or felony charge, depending on how many prior DUI convictions you have.
So, driving DUI with a loaded gun in the car means you have violated the law.
If, on the other hand, if you are driving with an unloaded gun in the car that is locked away in your glove box or a container, you are not required to have a permit, therefore you have not violated the provision of any permit.
Your permit does
not extend to a rifle, shotgun or any automatic weapon, just your handgun. Make sure you are familiar with the language
of the permit before you put your loaded weapon in your car indefinitely.
Stopped for a DUI with a Loaded Gun
You basically have been busted and it’s important to respect the officer and his authority. Please do not argue with the officer or become belligerent in any manner.
Once you are pulled over for a suspected DUI, there is nothing in Alabama gun laws that states you must tell the officer you have a loaded handgun in the car. However, this is the time when you need the officer to show you some mercy. Concealing that fact can make it much worse for you because technically you have just broken the law and the conditions for your concealed carry permit.
If it is determined you are drunk, the officer has the authority to take your handgun. That outcome may depend on the amount of respect you show the officer because he also has the discretion not to take your gun.
Understand that 32 other states recognize the Alabama concealed weapon permit. Become familiar with the handgun laws in neighboring states when you travel because you will be required to abide by their laws under the language of your permit.
While Alabama’s gun laws lean toward being gun-friendly, according to Guns & Ammo, Florida does not allow open carry of firearms unlike Alabama.
Gun Laws in Alabama
In Alabama, anyone age 19 or older can purchase a handgun and
obtain a concealed weapon permit, which is issued at the county level. It is
not required that they undergo any firearms training. And in Alabama, background
checks are not required to be conducted by private sellers.
There are some rules. A licensed gun dealer may not sell to any felon, that is, someone who has been convicted of murder, rape, robbery, kidnapping, manslaughter and any class B or A felony.
A DUI Conviction in Alabama
A
first DUI conviction in Alabama can bring you up to one year in jail and a
mandatory loss of license for 90 days. Add fines onto that and attendance in
DUI school.
Repeat DUI offenses will lead to a longer imprisonment time, up to ten years for a fourth or more conviction, fines ranging up to $10,000 and a mandatory loss of license for five years.
A DUI conviction cannot be erased from your record.
Alabama takes both offenses seriously and if you are pulled over for a DUI with a loaded gun you will need the assistance of an experienced DUI law firm to help negotiate the situation with the best outcome for you. Call Jason Darley in our Mobile office to begin the conversation at (251) 732-7058.