Alabama Pistol Permit Lawyers: Denials, Revocations & Appeals

What an Alabama Pistol Permit Is Still Good for After Permitless Carry

Alabama no longer requires a permit to carry a concealed pistol. Act 2022-133, effective January 1, 2023, ended that rule. Under Alabama law, concealed carry permits do not impose a general prohibition on the carrying of a pistol without a permit. Alabamians can lawfully carry a concealed pistol without asking anyone first.

So why do pistol permit lawyers still field calls every week? Because Alabama gun owners still get real use out of the county-sheriff permit, for three reasons.

First, travel. Under Alabama law, the Attorney General may enter into reciprocal agreements with other states. Many states honor an Alabama permit but will not recognize an out-of-state resident who carries without one. If you travel armed across state lines, a permit is often your only legal path.

Second, some places treat permit holders differently. Under Alabama law, permit holders are exempt from the ban on carrying a firearm inside a facility hosting a school or professional athletic event. A permit still does not let you carry on school premises.

Third, proof you qualify. Sheriffs run background checks on every applicant, and a valid Alabama permit shows that yours found no state or federal bar on your possessing a firearm.

This page is for people who want an Alabama pistol permit, have been denied one, or have had one revoked. Polson & Polson, P.C. represents applicants and permit holders in sheriff-level disputes, district court appeals, and related gun-rights matters across Alabama counties.

How Alabama's County Sheriff Pistol Permit System Works

Alabama issues pistol permits at the county level. The sheriff where you live takes the application, runs the background check, and then approves or denies it. There is no statewide issuing agency.

Under Alabama law, a resident 19 or older may apply to the sheriff of his or her county of residence for a concealed carry permit. Service members and certain military veterans who are 18 or older may also apply. The permit may be new or a renewal.

Permit terms and fees vary:

• One-year or five-year permits. Fees follow local law. Where no local law sets the fee, a one-year permit costs $25 and a five-year permit costs $125.
• Lifetime permits. The fee is $300, cut to $150 for applicants 60 or older. If you apply within one year after a prior permit expires, the fee drops by the amount you paid for that expired permit.
• Military and law enforcement. Service members, honorably discharged veterans, active police officers, and eligible retired officers pay no fee.

You file an application and sit for a background check. In many counties, you will also be fingerprinted. If the sheriff says yes, a secure permit card is issued right away. Or you get a temporary paper permit, good for 30 days, while the hard copy is made and mailed within 15 days.

One line matters here. Qualifying for a permit is not the same as being lawfully able to possess a firearm. A person can carry under permitless carry law and still be denied a permit. And a permit denial does not always mean you are barred from having guns, though in some cases a denial does reflect a real bar.

Grounds a Sheriff Can Use to Deny or Revoke a Pistol Permit

This is where most fights start. The sheriff has leeway over permit applications, and a denial can feel random if you do not know the rules behind it.

Under Alabama law, the sheriff weighs whether the applicant is barred from having a pistol or firearm under state or federal law. The sheriff also weighs whether the applicant should "otherwise be denied a concealed carry permit." The statute itself lists eleven factors the sheriff must consider, and requires denial outright when the background check shows a state or federal bar.

A bar under state or federal law. The background check may show you fall in a barred group under Alabama law or federal firearms law. If so, the sheriff will deny the application. That bar is mandatory, not a judgment call. The next section covers these groups in detail.

Mental health and competency findings. The statute also tells the sheriff to consider a finding of guilty but mentally ill, a verdict of not guilty by reason of insanity or mental disease or defect, a declaration of incompetency to stand trial, and involuntary inpatient or outpatient psychiatric treatment or commitment. Falsifying any part of the application is a listed ground as well, and a person who is unlawfully present in this state may not be issued a permit.

Justifiable concern for public safety. The sheriff may deny an application on a finding that issuing the permit "would cause or causes justifiable concern for public safety." Under Alabama law, the sheriff must "clearly articulate the reasoning" in the written denial notice. This is the ground sheriffs lean on most. It is also the ground most often fought on appeal.

Not reporting an address change. Under Alabama law, a permit holder who moves must report the change to the new county's sheriff within 30 days. If they do not, the permit is "subject to revocation."

Requests for more information. If something in the background check or the application raises a concern, the sheriff may ask the applicant for more before making a final call.

Whatever the ground, the sheriff must give the applicant written notice right away. The notice must state the specific reason or reasons for denial. It must give the date the background check was done. It must carry the name and signature of the sheriff whose office ran it. That notice is the base for any appeal. If you were denied and got no written reason, that gap alone may be a flaw in the process.

Appealing a Pistol Permit Denial or Revocation in Alabama

A denied applicant is not stuck. Alabama law sets out a clear appeal route to the district court of the county where the applicant lives.

The appeal starts with the written denial notice the sheriff must provide. That notice has to state the specific reasons for denial. Without it, the applicant should ask for it in writing right away. A revocation notice must also tell the permit holder how to appeal.

Alabama's appeal rules let a denied applicant challenge the sheriff's decision in the district court of the county of residence. On that review the sheriff carries the burden of proving by clear and convincing evidence that the applicant should not hold a permit, and the court must issue a written determination within 30 days. If the court finds the denial or revocation improper, the sheriff must issue the permit within three days. The court asks whether the facts backed the denial. It asks whether the denial fits the tests the statute sets. It asks whether the stated grounds hold up in law, and whether the evidence supports them.

On appeals built on the "justifiable concern for public safety" ground, the sheriff's reasoning takes center stage. It must be clearly articulated. Vague lines – say "public safety concerns" with no facts behind them – may not hold up in court.

An applicant getting ready for an appeal should gather proof that answers the sheriff's stated grounds. Depending on the reason given, that could include:

• Certified court records showing charges were dropped or ended well
• Proof that treatment programs were finished
• Character references from employers, community leaders, or clergy
• Evidence of how much time has passed since a prior incident
• Proof that the cited conviction does not fall in a barred group

The statute sets no filing deadline, but acting fast matters: evidence goes stale, and the only other path is starting over with a new application. A past denial on the record can make the next try harder.

A criminal defense attorney earns their keep here. The lawyer makes sure the appeal is filed right, that the record of proof is whole, and that the arguments aim at the exact standard the court applies.

How Prior Convictions and Domestic Violence Findings Affect Firearm Eligibility

Permit eligibility and gun possession are two separate legal questions. A person may be denied a permit and still be lawfully able to possess firearms. Or a person may face a full bar on possession that reaches far past the permit.

Under Alabama law, a person may not own or possess a firearm if any of the following apply:

Felony convictions. A person convicted of any felony within the previous five years is barred. A person convicted of three or more felonies at any time is barred too. The multiple convictions must each arise from a different indictment or complaint, or otherwise from a different date of charge. For that three-conviction rule, the time that has passed does not matter.

Crimes of violence and domestic violence misdemeanors. A conviction for a crime of violence bars you. So does a conviction for a misdemeanor offense of domestic violence, or for a violent offense. The statute defines a misdemeanor offense of domestic violence as one involving the use or attempted use of physical force. It also includes the threatened use of a dangerous instrument or deadly weapon. The victim must be a current or former spouse, parent, child, household member, or person with a dating relationship.

Active protection orders. A person subject to a valid protection order for domestic abuse may not possess a firearm. The order must have been issued after a hearing with notice and opportunity to participate.

Unsound mind. This covers people a court or other authority found to be a danger to themselves or others from mental illness. It covers those found incompetent to stand trial. It covers those involuntarily committed for inpatient treatment.

Minors, habitual drunkards, and persons with drug addiction. Under Alabama law, these persons may not own or possess a pistol.

Federal law adds another layer. Under federal firearms law, people convicted of domestic violence misdemeanors face a federal gun bar – the Lautenberg Amendment – that Alabama law cannot undo.

Some of these bars can be fixed. Under Alabama law, a pardon that expressly restores the right to possess firearms is an affirmative defense. Expungement may help too, but the law is narrow here: an expungement order alone does not restore the right to possess a firearm. A person whose conviction is expunged must get a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles. Only then do gun rights come back.

Polson & Polson, P.C. also handles expungement cases. For gun-charge defense – say illegal possession or carrying while barred – see our Alabama gun charges page.

What a Pistol Permit Lawyer Does for You

Alabama gun laws set the standard, but the permit system runs county by county, and it is often hard to read. Sheriffs across the state differ in how they handle applications, what extra proof they ask for, and how they use their leeway. A lawyer who knows these local habits can work the system more effectively than an applicant going it alone.

Here is what a pistol permit attorney usually handles:

• Reading the denial. Setting the sheriff's written notice against the grounds in the statute to see whether the denial holds up in law or is open to challenge.
• Gathering proof for your side. Pulling together character references, treatment records, court records, and time-since-conviction proof that answers the sheriff's stated grounds directly.
• Filing in the right court. The appeal goes to the district court of the county where you reside. A lawyer makes sure the filing is prompt, in proper form, and sent to that court.
• Standing with you at the hearing. Putting in evidence, making the legal arguments, and – where it fits – questioning the sheriff's witness on the facts behind the denial.
• Looking for other routes. Where a permit denial grows out of a conviction, a lawyer can seek a pardon or a restoration of rights. That can make a later application work.

People who search for pistol permit lawyers near me usually want someone who knows their own county sheriff. Local habits matter, and so does knowing the exact statutory rules that govern permit denials and appeals.

Talk to an Alabama Pistol Permit Lawyer About Your Denial or Revocation

A pistol permit denial can be challenged in the district court of the county where you live, and there the sheriff must justify the denial by clear and convincing evidence. Waiting lets evidence go stale. You may end up starting over with a new application – with a past denial on your record.

Polson & Polson, P.C. represents applicants and permit holders across Alabama counties in permit denial appeals, revocation challenges, and gun-rights restoration work. Maybe you were denied on a first application. Maybe an existing permit was revoked. Maybe you need to know how a prior conviction affects your eligibility. The firm can look at where you stand and explain your options.

Contact Polson & Polson, P.C. for a free consultation about your pistol permit denial, revocation, or gun eligibility question. Use the contact form on this page or call to talk through your case.

Frequently Asked Questions About Alabama Pistol Permits

Do I Still Need a Pistol Permit in Alabama After Permitless Carry Became Law?

You do not need a permit to carry a concealed pistol in Alabama. Act 2022-133 ended that rule effective January 1, 2023. But the county-sheriff permit still exists and still carries real value. It lets other states that honor Alabama permits recognize yours. It provides an exemption from the ban on carrying inside facilities hosting school or professional athletic events. Whether to get one depends on your own facts. Ask a lawyer if you are unsure.

What Are the Most Common Reasons a Sheriff Denies a Pistol Permit in Alabama?

The most common reason is a finding that the applicant is barred from having a firearm under state or federal law. That covers a prior felony conviction, a domestic violence conviction, or an active protection order. Sheriffs may also deny a permit on a finding that issuance would cause "justifiable concern for public safety." Under Alabama law, the sheriff must provide a written notice stating the specific reasons. If you were denied, a lawyer can weigh whether the stated grounds hold up.

How Long Do I Have to Appeal a Pistol Permit Denial or Revocation in Alabama?

Alabama law sets no filing deadline, but the appeal goes to the district court of the county where you live, and the court must issue a written determination within 30 days. Acting fast still matters, because evidence goes stale and a fresh application may be the only other route. If you have a written denial in hand, call a pistol permit attorney soon to keep your appeal rights alive.

Can I Get an Alabama Pistol Permit if I Have a Prior Felony Conviction?

It depends on the conviction. Under Alabama law, a person convicted of any felony within the previous five years may not possess a firearm. A person with three or more felony convictions at any time may not possess one, no matter when they happened. A pardon that expressly restores firearm rights is an affirmative defense. Expungement alone does not restore firearm rights under Alabama law. A Certificate of Pardon with Restoration of Civil and Political Rights is required.

Does a Domestic Violence Conviction Permanently Bar Me From a Pistol Permit?

A misdemeanor domestic violence conviction creates a firearm possession bar under both Alabama law and federal law. Under Alabama law, a person convicted of a misdemeanor offense of domestic violence may not possess a firearm. The federal Lautenberg Amendment adds a second bar. Whether relief is open to you depends on the facts, including whether the conviction can be fixed through a pardon or another legal route. Ask a lawyer to weigh your options.