1909 Ala. Laws 258
Abstract
This Alabama legislative act establishes a general prohibition against carrying a concealed pistol or carrying any pistol on property not owned or controlled by the individual. While it provides exemptions for specific law enforcement and federal officials, it mandates penalties ranging from fines to imprisonment or hard labor for violators. Notably, the act allows defendants to present evidence of a "good reason" to fear an attack as a potential justification or means to reduce the fine, though the burden of proof for such an excuse rests entirely on the defendant during trial.
Summary
This Alabama legislative act establishes a general prohibition against carrying a concealed pistol or carrying any pistol on property not owned or controlled by the individual. While it provides exemptions for specific law enforcement and federal officials, it mandates penalties ranging from fines to imprisonment or hard labor for violators. Notably, the act allows defendants to present evidence of a "good reason" to fear an attack as a potential justification or means to reduce the fine, though the burden of proof for such an excuse rests entirely on the defendant during trial.
Law Text
Section 1. Be it enacted by the Legislature of Alabama, That it shall be unlawful for any person to carry a pistol concealed about his person. Section 2. It shall be unlawful for any person to carry a pistol about his person on premises not his own or under his control, provided this section shall not apply to any sheriff or his deputy or police officer of an incorporated town or city in the lawful discharge of the duties of his office or United States Marshal or their deputies, rural free delivery mail carriers in the discharge of their duties as such or bonded constable in the discharge of their duties as such. Section 3. Any person violating the provisions of this act must on conviction be fined not less than fifty dollars and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months. Section 4. The defendant may give evidence that at the time of carrying the pistol he had good reason to apprehend an attack which the jury may consider in mitigation of the fine or justification of the offense. Section 5. In an indictment for a violation of this act, it shall be sufficient to charge that the defendant carried a pistol concealed about his person or on premises not his own or under his control and the excuse if any must be proved by the defendant on the trial, to the satisfaction of the jury. Section 6. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.
Description
Categories
CARRY