Jones, 011519 ALAGO, AGO 2019-14

Docket Nº:AGO 2019-14
Case Date:January 15, 2019
Court:Alabama
 
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Honorable Jay Jones
AGO 2019-14
AGO 2019-014
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
January 15, 2019
         Honorable Jay Jones          Lee County Sheriff          Sheriff W. S. Jones Center          1900 Frederick Road          Opelika, Alabama 36801          Sheriffs - Pistol Permits - Alabama State Law Enforcement Agency -Criminal Justice Information System - Background Checks          Section 13A-11-75(b) of the Code of Alabama requires a sheriff to access the Criminal Justice Information System and the National Instant Criminal Background Check System through the Alabama State Law Enforcement Agency to determine whether possession of a pistol or firearm by an applicant for a concealed carry permit would be a violation of state or federal law.          Dear Sheriff Jones:          This opinion of the Attorney General is issued in response to your request.          QUESTION          May a sheriff access criminal justice data in the Law Enforcement Tactical Systems ("LETS") and other systems regulated by the Alabama Justice Information Commission before issuing a concealed carry permit?          FACTS AND ANALYSIS          A "pistol" is defined as "[a]ny firearm with a barrel less than 12 inches in length." Ala. Code § 13A-11-70 (2015). A permit, with limited exceptions, is required for a citizen to carry a pistol concealed in any vehicle or on or about his or her person. Ala. Code § 13A-11-73(a) (2015). An application for a concealed carry permit must be submitted to the sheriff of the county where the applicant resides. Ala. Code § 13A-11-75 (2015). The sheriff may reject an application for a concealed carry permit if the applicant is prohibited by state or federal law from possessing a pistol or firearm, of if the sheriff has a reasonable suspicion that the applicant may use a weapon in an unlawful manner that would endanger the applicant or others. Ala. Code § 13A-1 l-75(a)(1)(a) (2015). The sheriff, in order to determine whether possession of a pistol or firearm by...

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