State Gun Laws

Many survivors worry about their safety when the abuser has access to a gun. In some situations, it may be against the law for the abuser to have one.

The abuser cannot legally have a gun if they:

• are under a valid domestic violence protection order that was issued after a court hearing;
• were found guilty (convicted) of:
  
  • a felony in the past five years;
  • three or more separate felonies from different cases, even if they happened long ago;
  • a “crime of violence”; 
  • a misdemeanor domestic violence crime; or
  • one of 51 violent crimes listed in Alabama law, such as stalking, domestic violence, or strangulation; see the full list on our Selected Alabama Statutes page, section 12-25-32(15);
• are legally considered mentally unfit (of “unsound mind”), as defined in section 13A-11-72(h)(7);¹ or
• are in the United States illegally or unlawfully, or here on a nonimmigrant visa that does not qualify for an exception under immigration law; see the exceptions on our Selected Federal Statutes Page, section 18 U.S.C. § 922(y)(2).²

Under certain circumstances, it is also illegal for the abuser to have a pistol. A pistol is a type of gun with a barrel less than 12 inches long.³ An abuser cannot have a pistol if they:

• are addicted to drugs;
• regularly abuse alcohol (“habitual drunkard”); or
• are under 19, unless they are with a parent and following the rules explained in section 13A-11-72 (f).⁴

In addition to these Alabama laws, federal gun laws may also ban the abuser from having a gun. To learn more, visit our Federal Gun Laws page.

¹ Ala. Code §§ 13A-11-72(a)(1), (h)(7); 12-25-32(15)
² Ala. Code §§ 13A-11-72(c)(1); 18 U.S.C. 922(y)(2)
³ Ala. Code § 13A-11-70(7)
⁴ Ala. Code § 13A-11-72(b)(1), (f); see § 26-1-1(a) setting the age of majority as 19-years-old