Unlawful Possession of a Weapon Lawyer in Alabama

What Is Unlawful Possession of a Weapon in Alabama?

If you face a firearms charge in Alabama, you need a gun possession lawyer who understands criminal defense strategy. This attorney must understand state gun laws and how local courts handle these cases. Unlawful possession of a weapon means having a firearm or deadly weapon when Alabama law forbids it. This applies if you are prohibited because of your criminal history, your age, or the location where you carry the weapon.

Alabama draws clear lines between possession, carrying, and use. Possession means having a weapon on your person or under your control. Carrying refers to transporting a firearm in public. Use involves brandishing or firing a weapon. Each act triggers different statutes and different penalties.

Under Alabama law, certain people may not own a firearm or have one in their possession. This includes convicted felons, persons of unsound mind, and those subject to domestic abuse protection orders. Minors, habitual drunkards, and people with a drug addiction may not own or possess a pistol, though limited exceptions apply to minors. A separate statute prohibits anyone, even permit holders, from carrying firearms in courthouses, jails, and police stations. Other restricted locations include courthouse annexes, district attorney offices, and psychiatric facilities. Alabama law also restricts delivering pistols to minors, drug addicts, and habitual drunkards.

The word "weapon" covers more than just handguns. Under Alabama law, a "deadly weapon" includes pistols, rifles, and shotguns. It also includes switch-blade knives, gravity knives, swords, daggers, and batons. Metal knuckles, hand grenades, bazookas, and explosive or incendiary devices qualify as well.

Common Alabama Gun and Weapons Charges We Defend

Alabama prosecutors pursue firearms charges aggressively. A gun crime attorney must understand the specific statute behind each charge. The elements and penalties vary widely. Below are the charges Polson & Polson, P.C. most frequently handles.

Felon in Possession of a Firearm

Under Alabama law, a person may not own or possess a firearm if they have been convicted of any felony within the previous five years. A person also may not possess a firearm if convicted of three or more felony offenses from different charges at any time. Possession is also prohibited if you were convicted of a crime of violence. A misdemeanor domestic violence offense also triggers the ban. So does any violent offense as defined in state law. A person subject to a valid domestic abuse protection order is also prohibited.

A violation is a Class C felony. This charge often hinges on the validity and classification of prior convictions. The statute provides an affirmative defense for defendants who received a pardon that expressly restores the right to possess a firearm. Federal law separately bars firearm possession by anyone convicted of a crime punishable by more than a year in prison. Federal prosecution can follow a state arrest, creating the risk of stacked charges.

Carrying a Pistol as a Prohibited Person

Alabama repealed its law requiring a permit to carry a concealed pistol, effective January 1, 2023. Most adults who may lawfully possess a firearm no longer need a permit to carry a concealed pistol. However, permitless carry does not override other restrictions.

Prohibited persons still may not carry. These include convicted felons, minors, persons of unsound mind, and those under protection orders. If you face a carrying arrest, the key question is usually whether you fall into a prohibited category. The question is not whether you had a permit. Many people misunderstand the 2023 law. They believe it eliminates all firearm restrictions. It does not.

Possession of a Firearm in a Prohibited Place

Even lawful gun owners face charges for carrying in restricted locations. Under Alabama law, no person may knowingly possess a firearm inside police stations. Jails are also off-limits. So are courthouses, courthouse annexes, and district attorney offices. Buildings where a county commission or city council is meeting are prohibited. Elected officials' primary offices are also restricted. Psychiatric facilities are off-limits as well. Facilities hosting school or professional athletic events are restricted unless you hold a permit, and so are buildings secured by posted guards and screening devices. This applies without express permission from the authority over the premises.

A violation is a Class C misdemeanor. However, knowingly possessing a deadly weapon on school premises with intent to do bodily harm triggers a Class C felony charge. The difference between a misdemeanor and a felony may depend entirely on the location.

Possession of a Short-Barreled Rifle or Short-Barreled Shotgun

Under Alabama law, possessing, obtaining, receiving, selling, or using a short-barreled rifle or short-barreled shotgun in violation of federal law is a Class C felony. This statute ties directly to the federal National Firearms Act, which separately regulates these weapons.

Because the Alabama statute incorporates federal law, a single weapon can trigger both state and federal prosecution. If you face charges involving a short-barreled weapon, your attorney must evaluate both the state case and the federal exposure.

Penalties for Unlawful Weapon Possession Convictions

Sentencing depends on the classification of the offense. Under Alabama law, a Class C felony carries a prison term of not less than one year and one day and not more than ten years. Under Alabama law, a Class C felony fine may be set by the court at up to $15,000. Under Alabama law, a Class A misdemeanor carries up to one year in the county jail. A Class C misdemeanor carries up to three months.

When a firearm or deadly weapon was used or attempted to be used in the commission of a Class B or C felony, a mandatory minimum sentence of not less than ten years applies.

Beyond incarceration and fines, a conviction may result in:

• Long-term loss of firearm rights. One felony conviction bars firearm possession for five years, and three or more convictions arising from different charges bar it with no time limit.
• Immigration consequences. Non-citizens convicted of firearms offenses may face deportation or inadmissibility.
• Employment barriers. A felony record appears on background checks and may disqualify applicants from many jobs.
• Professional license loss. Certain professions require a clean criminal record, and a weapons conviction could end a career.
• Firearm forfeiture. Under Alabama law, seized pistols may be declared contraband and destroyed by court order.

Penalties may vary depending on the circumstances of the offense, the defendant's criminal history, and the court's discretion.

Defense Strategies for Alabama Gun Possession Charges

Every firearms case turns on the specific facts of the arrest and the evidence the state can prove. A gun arrest attorney evaluates the arrest record, bodycam footage, and the chain of custody for any recovered firearm. Several defense approaches commonly arise.

Challenging the stop and search. The Fourth Amendment protects against unreasonable searches and seizures. If police lacked reasonable suspicion to stop you or probable cause to search, the firearm may be suppressed. Under Alabama law, an officer who has stopped a person for questioning may search that person for a dangerous weapon only if the officer reasonably suspects danger to life or limb. Stops that exceed this standard are vulnerable to a suppression motion.

Lack of knowing possession. The prosecution must prove you knowingly possessed the weapon. If you did not know the firearm was present – for example, in a borrowed vehicle or shared residence – this element may fail.

Constructive versus actual possession. In vehicle stops with multiple occupants, prosecutors often charge everyone with possession of a firearm found in the car. Constructive possession requires proof that you knew the weapon was there and had the ability to control it. Mere proximity is not enough.

Lawful possession defense. If you are not a prohibited person, the firearm was legal, and you were not in a restricted location, possession itself is not a crime in Alabama. The defense may focus on showing your right to carry was intact.

Restoration of rights. A pardon that expressly restores the right to possess a firearm is an affirmative defense. Prior conviction predicates can also be challenged if the underlying conviction was expunged, set aside, or if civil rights were restored.

What to Do After a Weapons Arrest in Alabama

The steps you take immediately after an arrest can shape the outcome of your case. Follow these guidelines:

1. Invoke your right to remain silent. Do not discuss the firearm, your ownership of it, or the circumstances of the stop with police or jail staff.
2. Do not consent to additional searches. Officers may ask to search your vehicle, home, or phone. You have the right to refuse.
3. Request an attorney immediately. Ask clearly for a lawyer. Once you invoke this right, questioning should stop.
4. Preserve evidence of lawful ownership. Text messages, purchase receipts, and registration documents may establish that you lawfully possessed the firearm.
5. Document the circumstances. Write down everything you remember about the stop. Note where it happened, what officers said, and whether bodycam or dashcam footage may exist.

At the bond hearing, under Alabama law, the judicial officer must take into account the nature and circumstances of the offense charged. The weight of the evidence against you is also considered. Family ties, employment, criminal history, and community ties also matter. Firearms cases may involve conditions such as no firearm possession while the case is pending.

Why Choose Alabama DUI Defense for Your Gun Charge

Polson & Polson, P.C. focuses on criminal defense in Alabama and handles firearm and weapons cases across the state's circuit courts. The firm's approach to gun possession cases centers on thorough investigation and aggressive motion practice.

Clients work directly with their attorney – not a paralegal or assistant. The defense process begins with a detailed review of the arrest report, bodycam footage, and the prosecution's evidence. When the facts support it, Polson & Polson, P.C. files motions to suppress illegally obtained evidence. When negotiation serves the client's interests, the firm draws on its experience working with Alabama district attorneys on plea resolutions.

After an arrest, most people start with a quick search – gun lawyer near me, gun possession lawyer near me, weapons charge lawyer near me – and call whoever is closest. Distance is worth less than familiarity with the courthouse. Ask who will stand up at your hearings, how quickly the office returns calls, and what the first few weeks of the case involve.

A gun possession attorney can also set out fees and the scope of the work in writing before you decide. Bring whatever paperwork you already have to that first meeting – the arrest report, bond papers, and any court date you were given. Those documents show your lawyer where the case stands and what the court expects next.

If you are looking for a gun possession lawyer who will investigate every angle of your case, Polson & Polson, P.C. is prepared to help.

Speak With an Alabama Gun Crime Defense Attorney

A weapons charge can affect your freedom, your career, and your right to own firearms. Early attorney involvement matters. It affects bond conditions, evidence preservation, and your overall position in the case.

Polson & Polson, P.C. offers a free, confidential consultation for anyone facing an Alabama firearm charge. Whether you have been arrested for unlawful possession, a carrying violation, felon-in-possession, or weapons in a prohibited place, the firm is ready to review your case and explain your options.

Contact Polson & Polson, P.C. today. Every case is different, and results depend on the specific facts and circumstances involved.

Frequently Asked Questions About Alabama Weapon Charges

Is Alabama a Permitless Carry State in 2026?

Alabama has been a permitless carry state since January 1, 2023, when the pistol permit requirement was repealed. Most adults who can lawfully possess a firearm may carry a concealed pistol without a permit. However, this law did not eliminate all restrictions. Prohibited persons still may not possess or carry firearms under Alabama law. These include convicted felons, persons of unsound mind, and those under domestic abuse protection orders. Minors, habitual drunkards, and people with a drug addiction may not own or possess a pistol. Carrying in prohibited locations also remains illegal regardless of permit status.

What Happens if a Convicted Felon Is Caught With a Gun in Alabama?

A convicted felon found with a firearm faces a Class C felony charge under Alabama law. This carries a prison sentence of one year and one day to ten years. The fine may be set by the court at up to $15,000. The prohibition applies to anyone convicted of any felony within the previous five years. It also applies to anyone with three or more felony convictions from different charges. Anyone convicted of a crime of violence or misdemeanor domestic violence is also prohibited. A pardon that expressly restores firearm rights is an affirmative defense.

Can Police Search My Car for a Weapon During a Traffic Stop in Alabama?

Under Alabama law, an officer may search a person for a dangerous weapon during a stop for questioning. The officer must reasonably suspect danger to life or limb. A full vehicle search typically requires probable cause, consent, or a warrant. If police searched your car without a legal basis, a defense attorney may file a motion to suppress the evidence. The facts surrounding the search determine whether it was lawful. Consider what the officer observed, what you said, and whether you consented.

What Is the Difference Between Actual and Constructive Possession of a Firearm?

Actual possession means the firearm is on your person or in your direct physical control – in your hand, your pocket, or your waistband. Constructive possession means the firearm is not on your person, but you knew it was present and had the ability to exercise control over it. This distinction matters in vehicle stops and shared living situations where multiple people may have had access to the weapon. The prosecution must prove more than mere proximity. A strong defense challenges whether the evidence actually links you to knowledge and control of the firearm.