Tuscaloosa County Sheriff's Office: Frequently Asked Questions

The State of Alabama has a reciprocal agreement with Alaska, Florida, Idaho, Indiana, Kentucky, Michigan, Mississippi, New Hampshire, North Dakota, Utah and Wyoming allowing persons with valid Alabama Concealed Weapons Permits to carry concealed weapons in those states. Click the link below for more information on carrying concealed weapons in other states.

Click here for information on reciprocal pistol agreement.

PISTOL PERMITS

Will I be investigated if I make an application to the Tuscaloosa County Sheriff’s Office for a pistol license?

ANSWER: Yes, we will make an investigation.

Who may obtain a pistol license?

ANSWER: Title 13A-11-75 of the Alabama State Code provides that the Sheriff of a county may issue a qualified or unlimited license to a person residing in the county, provided the person has a good reason to fear injury to his person or property, or has any other proper reason for carrying a pistol, and is a suitable person to be licensed.

Who may not obtain a pistol license?

ANSWER: There are many people who may not obtain a pistol license. Most of these people are prohibited because of certain state and federal laws. All the laws concerned in this question are contained in the Alabama State Code and in the Gun Control Act of 1968. The people who cannot obtain a pistol license are as follows:

No person who has been convicted of committing or attempting to commit a crime of violence. (See the definitions section of this booklet for a list of crimes of violence).
No person who is a drug addict.
No person who is a habitual drunkard.
No person who is a convicted felon.
No person discharged from the military services under dishonorable conditions.
No person who has been adjudged by a court as mentally incompetent.
No person who has renounced his citizenship of the United States.
No person who is an alien.
No person who is illegally or unlawfully in the United States.
No person who has been convicted of an offense involving firearms. (Even though the offense is a misdemeanor according to Title VII of the Gun Control Act of 1968 regarding definition of "felony").
No person who is not deemed suitable or proper by the Sheriff’s Office.

What are the age requirements to obtain a pistol license:

ANSWER: The state law provides the Sheriff with discretionary authority and it is the policy of the office that a license will not be issued to anyone under the age of 21.

May a pistol license be revoked?

ANSWER: Yes, Title 14 (Section 177) of the State Law provides that the Sheriff may revoke a license.

Is the license valid in other counties?

ANSWER: Yes, Title 14 (Section 177) of the Alabama State code says that the license is valid within the State for all counties.

If I have a Tuscaloosa County pistol license, may I transport my pistol into another state if I go on vacation or a business trip?

ANSWER: According to the Gun Control Act of 1968, there are no provisions which prohibit an individual from transporting or moving his personally owned pistol interstate. However, you must remember that the license you are issued by the Tuscaloosa County Sheriff’s Office is valid only in the State of Alabama and states that recognize Alabama's permit. You may find information about these states here:
http://www.ago.state.al.us/ag_items.cfm?Issue=64

According to a book by the Bureau of Alcohol, Tobacco and Firearms, "Generally speaking, the laws of most states license a person to transport firearms through a state, provided the firearms are locked in the trunk of the vehicle and are not "readily accessible to the occupants of a vehicle". For specific state laws concerning the possession and concealment of firearms, it is necessary to contact the authorities in the states in which you plan to travel.

May I carry a pistol in my vehicle in Tuscaloosa County, Alabama without a license?

ANSWER: No, you may not. It is illegal to carry a pistol in a vehicle in Alabama without a license except under the following conditions:

A person permitted by law to possess a pistol may, without a license, carry a pistol which is not loaded and is in a secure wrapper in a vehicle from the place of purchase to his home or place of business.
A person permitted by law to possess a pistol may, without a license, carry a pistol which is not loaded and is in a secure wrapper in a vehicle to and from his home or business to a place of repair.
A person permitted by law to possess a pistol may, without a license, carry a pistol which is not loaded and is in a secure wrapper in a vehicle when moving from one place of abode or business to another.

Does a pistol license have to be renewed?

ANSWER: Yes, Title 14(Section 177) of the Alabama State Code states that a pistol license is valid for only one year from date of issue and must be renewed. Otherwise, the license expires.

Can a pistol license be renewed at the Sheriff’s Office?

ANSWER: Yes, but for the sake of convenience, provisions are made for it to be renewed by returning your renewal notice in the mail with your payment.

Do I need to list all pistols and serial numbers on my application for a license?

ANSWER: No. A pistol license allows you to carry any legal pistol. However, at least one pistol must be listed on the application.

How much does a pistol license cost?

ANSWER: $20.00 per year.

I have only lived in this county for one week, can I obtain a pistol license in this county?

ANSWER: According to Title 14 (Section 177) of the Alabama State Code, the Sheriff of Tuscaloosa County may issue you a license if you are a resident of Tuscaloosa County. However, it is the policy of this office that you establish residence in this county six (6) months in order to satisfy the question that you are a bona fide resident and qualify for a license.

I have a pistol which I keep only at home. Is it necessary for me to purchase a pistol license?

ANSWER: Certainly not. You may keep the pistol in your home and on your private property without a pistol license.

May I obtain a pistol license and buy a pistol at a later date?

ANSWER: No. You must have the pistol first. There are several reasons:

If you buy a pistol, you must be investigated and there is a waiting period.
If for some reason you are not qualified to buy a pistol, then you would not be qualified to be issued a license.
If you do not have a pistol, you have no need for a license to carry a pistol.

Could I be arrested and prosecuted if I give any false information in order to obtain a pistol license?

ANSWER: Yes, Alabama State Code, Title 14 (Section 183) says no person shall give false information or offer false evidence of his identity in order to apply for a pistol license. Such a violation is punishable by imprisonment for not more than five (5) years.

I was convicted of a felony before the Gun Control Act of 1968. Can I obtain a pistol license?

ANSWER: No. According to the Gun Control Act, no one convicted of a felony may possess firearms. It does not matter if the conviction was before or after the G.C.A. became effective in 1968.

I am buying another pistol today. Do I need to obtain another license?

ANSWER: No. Your pistol license is a license for you to carry any pistol, however, it is a good idea to have all your pistols listed and the list kept in a secure place.

Where may I find more complete information regarding gun laws?

ANSWER: You may consult the Alabama code or contact the following governmental agency:

U.S. Government Printing Office

2121 Eighth Avenue North

Birmingham, Alabama 35203

Ask for publication Number 603 (Rev. 6-74), "Published Ordinance Firearms."

DEFINITIONS

FELONY

Felony, according to Title VII of the Gun Control Act of 1968, means "any offense punishable by imprisonment for a term exceeding one year, but does not include any offense (other than one involving a firearm or explosive) classified as a misdemeanor under the laws of a state and punishable by a term of imprisonment of two years or less."

(Note: The above definition is taken from the Gun Control Act of 1968 and therefore has a direct relationship to pistol licenses. It is not suggested that this definition is to be construed as a scholarly or academic definition).

CRIMES OF VIOLENCE

Crimes of violence are defined in the Alabama State Code (Section 172) as, "any of the following crimes or any attempt to commit any of them, namely: murder, manslaughter:

(except manslaughter arising out of the operation of a vehicle), rape, mayhem, assault with intent to rob, assault with intent to ravish, assault with intent to murder, robbery, burglary, kidnapping and larceny.

FEDERAL LAW PERTAINING TO GUNS

According to the Omnibus Crime Control and Safe Streets Act of October 22, 1968, the following people may not possess a firearm. "Any person who has been convicted by a court of the United States or a state or any political subdivision thereof of a felony;

Any person who has been discharged from the armed forces under dishonorable conditions:

Any person who has been adjudged by a court of the United States of a state or any political subdivision thereof of being mentally incompetent;

Any person having been a citizen of the United States who has renounced his citizenship;

Any person being alien or illegally or unlawfully in the United States. A violation of the above may result in a fine of not more than $10,000.00 or imprisonment for not more than two years, or both."

ALABAMA STATE LAWS PERTAINING TO PISTOL LICENSES

Title 14 (Section 174) of the Alabama State Code says CERTAIN PERSONS ARE FORBIDDEN TO POSSESS A PISTOL;

No person who has been convicted in this State or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his possession or under his control. (violation of this section is punishable by imprisonment for not more than five (5) years. (Section 186 of the 1967 Supplement).
No person who is a drug addict or a habitual drunkard shall own a pistol or have one in his possession or under his control. (Violation of this section is punishable by imprisonment of any term less than one year, or a fine of not more than $500.00 or both. (Section 186 of the 1967 Supplement.

UNITED STATES CONSTITUTION SECOND AMENDMENT

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

For more information, write to the U.S. Government Printing Office as previously mentioned, search your public library or ask any Sheriff’s Deputy, or other Police Officer.

EVICTION PROCESS

The property owner or landlord will give the tenant a 10 day notice in writing to vacate the property. They should keep a copy and put the date, time and the tenant served on their copy. After the 10 days have expired and tenant has not vacated, the landlord or property owner should take their copy of the 10 day notice to the District Court Clerk’s Office on the 6^th Floor of the County Courthouse.

The court will then issue an eviction order to be served by a deputy, giving seven days to move. If the deputy cannot make contact with the tenant after three tries, he/she will tape a copy of the order to the door and mail a copy of the order to the address. Tenant has the following seven days to move out. If not, the landlord/property owner should contact the Sheriff’s Office, who will put them in touch with the deputy who works that area and set up a time to meet and set the tenant out. The landlord/property owner will at their expense furnish adequate people to do the eviction as quickly as possible. The deputy will stand by and make sure there is no trouble. We suggest at the time of eviction the landlord/property owner change all locks on the property.

During the seven days after the deputy has served notice, the defendant may file a counter-affidavit requesting a hearing before the judge as to why they should not be evicted. The counter-affidavit should be written by the tenant/defendant stating why they should not be evicted. This must be notarized and turned into the Sheriff’s Office before the seven days have expired. The Sheriff’s Office will turn the counter-affidavit in to the District Court Clerk’s Office and the judge will them decide if he will hear the case. The court will then send out a notice of the judge’s decision.

LANDLORDS, TAKE NOTE, IF YOU RENT A LOT FOR A MOBILE HOME, THEN IT IS AT YOUR EXPENSE THAT YOU HAVE THE MOBILE HOME MOVED.

COMPLAINTS LODGED AGAINST

THE TUSCALOOSA COUNTY SHERIFF’S OFFICE

The Tuscaloosa County Sheriff’s Office takes seriously the conduct of all individuals in its employ and holds all personnel to a high standard of service to the citizens we serve. The Tuscaloosa County Sheriff’s Office Procedural General Orders are issued to all persons and are a guideline to assist not only in daily activities but also the Code of Conduct which is expected from each individual.

Any complaints submitted to Sheriff Sexton will be thoroughly investigated and a written response will be made to the individual lodging the complaint. It is not necessary to know either the name of the officer or the unit number of the patrol car, as this information is readily available through our computer logs. So that we may have all pertinent facts made available for a complete investigation, we ask that all complaints be submitted in writing and not over the phone.

When this office receives a complaint, it is turned over immediately to Internal Affairs to be investigated. After all facts have been presented and their appears to be a violation of the Tuscaloosa County Sheriff’s Office Procedural General Orders, a Pre-Disciplinary Board is convened to review the alleged misconduct and their decision for any disciplinary action to be taken is then forwarded to the Sheriff. The Sheriff may concur with their decision but reserves the right to evoke further discipline if he deems necessary.

PROTECTION FROM ABUSE ORDERS

A Protection from Abuse (PFA) Order provides a legal option for someone who is being abused or threatened by an intimate partner, or former partner.

Click here for more information on Protection from Abuse Orders.

__________________________________________________________________________________________________

What is Criminal Trespass?

Section 13A-7-2

Criminal trespass in the first degree.

(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.

(b) Criminal trespass in the first degree is a Class A misdemeanor.

Section 13A-7-3

Criminal trespass in the second degree.

(a) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.

(b) Criminal trespass in the second degree is a Class C misdemeanor.

Section 13A-7-4

Criminal trespass in the third degree.

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(b) Criminal trespass in the third degree is a violation

Section 13A-7-4.1

Criminal trespass by motor vehicle.

(a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a uniformed law enforcement officer or by a properly identified owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if:

(1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces, then by at least one such sign for every 150 parking spaces, each such sign shall be substantially as follows:

Notice

Private Property

Entry restricted to our tenants, their customers, employees and invitees. Remaining after proper use is prohibited. Violators may be charged with trespassing.

Owner of Shopping Center

(2) And the motor vehicle is parked, is standing, or is being operated other than for the purpose of:

a. Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;

b. Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;

c. Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or

d. Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.

(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine:

(1) Not to exceed $50.00 for the first such offense;

(2) Not to exceed $100.00 for the second such offense; and

(3) Not to exceed $150.00 for the third or subsequent such offense.