I do not have a protection from abuse order against the abuser, and s/he has never been convicted of a crime. Can s/he have a gun?
Under Alabama law, even if there are no criminal convictions and no protection orders in place, the following people cannot have a firearm:
- someone who is of “unsound mind,” which is defined in sub-section f of section 13A-11-72 of the law;
- a drug addict;
- a minor, unless the minor is being supervised by a parent and following the rules explained in sub-section f of section 13A-11-72 of the law; or
- someone who regularly abuses alcohol, known in the law as a “habitual drunkard”.1
If any of these apply to your situation, please talk to someone in your area about how this law is being enforced. The sheriff department in your county may be able to give you more information. You can find contact information for your local sheriff on our AL Sheriff Departments page.
If none of these situations apply to you, you can still make a plan for your safety. See our Safety Tips page for more information. You can also contact your local domestic violence program for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our AL Advocates and Shelters page.
For additional information on gun laws in Alabama, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 Alabama Code § 13A-11-72(a), (b)