Alabama attorney general says county commissions cannot ban guns at polls

Chris Eger

Following friction between Alabama poll officials and open carriers in recent elections, the state attorney general is telling county commissions they do not have the authority to forbid guns at polling places.

The recent opinion, released last week by Luther Strange, the state’s attorney general, came following a request for guidance from the Chambers County Commission.

The county had posted signs prohibiting firearms at polling places following guidance from the Alabama Sheriff’s Association in June, then pulled them down after voters complained. In at least one instance, a voter open carrying at a polling place located at a volunteer fire station was told to secure his handgun inside his vehicle before being allowed to vote.

“The Chambers County Commission does not have the authority to prohibit firearms at all polling places,” read the conclusion of the seven-page opinion issued by Strange last week. The AG went on to explain the designation of a location as a polling place does not transform it into a courthouse according to state law. This is important as possession of firearms in both courthouses and those of prosecutors in the state are already banned. Other publicly owned locations could not be prohibited.

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