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January 12, 2023
As of January 1, 2023, Alabama will no longer require residents to obtain a concealed carry permit to carry a firearm in a public place or in their vehicles. With the passage of 2022 Al. HB 272, the “Constitutional Carry Bill,” Alabama became the 25th state to loosen restrictions on carrying concealed firearms. A number of local law enforcement agencies as well as the Alabama Sheriffs Association voiced opposition to the new law due to the potential threat to the public and to law enforcement.
The Constitutional Carry Bill continues to prohibit individuals from carrying concealed firearms in certain locations, including police stations, mental health facilities, courthouses, and juvenile detention centers. Private businesses and property owners can also prohibit employees and visitors from carrying a firearm on their property, even if the gun owner has a permit. Individuals are required to inform law enforcement of a firearm in their vehicle or on their person when asked and concealed firearms are permitted at professional or school-related athletic events only with a permit.
Employers should be on notice that the law prohibits them from restricting an employee’s transportation or storage of a lawfully owned pistol or ammunition in the employee’s vehicle if it is secured according to the Constitutional Carry Bill’s requirements. However, if an employer believes that the employee presents a risk of harm to themselves or others, the employer may inquire whether the employee possesses a firearm in their vehicle and is permitted to “make any inquiry necessary” to establish that the employee has secured the firearm as required. If the employee is not in compliance, the employer is permitted to take adverse employment action against the employee. However, employers can be liable to the employee for damages pursuant to the new law if the employer takes an adverse employment action and the employee’s firearm was lawfully owned and secured as required.
The author of this article, Rachael Luken Carp, is a member of the Bars of Pennsylvania, New Jersey, and New York. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New Jersey, New York, Alabama, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
