Finance & Legal A Special Supplement to
The Trussville Tribune January 2020
Legal & Finance | The Trussville Tribune
Page 2
January, 2020
As Technology Evolves, So Does Your Banking Mobile Wallets: What is it and is it safe?
Photo by Nathan Prewett.
We live in digital era that constantly changes, which impacts the financial industry significantly. We want banking at our fingertips, whenever, wherever, and on whatever device is in front of us. At Bryant Bank, we recognize that we’re a local community bank, but our team is committed to preserving our traditional banking culture while we embrace innovation, too. Life is busy, and it can also be stressful with the
“go, go, go” mentality many of us have. This is part of the reason why we care so much about embracing technology. It’s our responsibility to make our customers lives a little bit easier when it comes to their financial needs and wellbeing. Whether it’s MyCardRules, mobile check deposits, online banking, instant debit cards, or with our newest offering – mobile wallets – we’re committed to investing in the
technology that helps make everyday life easier for our Alabama families. What is a mobile wallet? In a nutshell, a mobile wallet is like a digital debit card that is now offered to Bryant Bank debit cardholders through Apple Pay, Google Pay, Samsung Pay, and Fitbit Pay. The two biggest benefits are enhanced security and convenience. Let’s think about the traditional leather wallet
for a minute. Maybe it’s in your purse, or maybe you keep it in your back pocket all the time. It’s where you keep cash, credit cards, your traditional debit card, driver’s license, insurance information, and more. It is responsible for keeping up with a lot of really important information. It’s also extremely unsecure. If you lose your wallet and can’t find it, all of those important pieces that help keep your life running smoothly are gone.
And worse, they could be stolen and taken advantage of by someone with less than ideal intentions. In a flash, some, if not all, of your money could be gone. A mobile wallet such as Apple Pay helps solve many of these issues. It can combat theft, simplify your finances, and add convenience to your life. Mobile wallet is a blanket descriptor for a range of technologies that let you perform many tasks, particularly in the way you pay for things.
Why is a mobile wallet so secure? A mobile wallet is based on encryption software that substitutes your traditional debit card during monetary transactions. You benefit from the protection and convenience. Mobile wallet users are assigned a digital account number by Visa that is different from their actual debit card number. When you use a mobile wallet, an alternative card number is created that links to that digital account. This process creates a secure way to pay a transaction because the alternate card number is only valid when used from your registered device associated with the digital account. So, if a hacker or a store employee tries to use that card number, it will not work. They have no way of accessing your actual bank account. A mobile wallet isn’t “just as secure” as your debit card, it’s more secure. It is inevitable that our industry will continue to change, but our bankers are always more than happy to answer any questions you may have, whether it’s about using a mobile wallet or your personal finances. Our vision is to see every Alabamian experience a financially stable future. We put care into action through our products, our services, and most importantly our people to help make that happen.
Here’s To Making Life Easier. The most secure and convenient way to pay is available to you.
January, 2020
Legal & Finance | The Trussville Tribune
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The SECURE Act and why it’s of importance to you
On the first of January, 2020, most of the provisions within the SECURE Act became law. SECURE is an acronym that stands for Setting Every Community Up for Retirement Enhancement. The key provisions of the Act from the standpoint of personal financial planning are: (A) The maximum age for traditional IRA contributions was repealed. Originally, the maximum age was 70 ½. (B) The Act raises the required minimum distribution (RMD) age from 70 ½, to 72 years of age, before qualified distributions are required to commence. (C) The Act makes provisions for long term, part time workers to participate in 401(k) plans. (D) “Stretch” inherited IRA strategies are now all but eliminated. (E) The Act permits parents to withdraw up to $5,000 from retirement accounts, on a penalty free basis, within one year of birth or adoption for qualified expenses. (F) The Act allows parents to withdraw up to $10,000 from Section 529 College Savings Plans to repay student loans. For those who were already taking required minimum distributions in 2019, but would have not turned 72 until the year 2020, or 2021, my advice is that you should continue taking those minimum distributions until the Internal Revenue Services offers further guidance. Also, speak about this matter with your CPA or tax professional. American are both living longer, and working longer. As a result, for some, the abil-
ity to continue making contributions into an IRA beyond age 70 ½ could be of benefit. So long as you’re still working, and have earnings from which deferrals can be made, then you’ll now be able to defer into Individual Retirement Accounts until age 72. For those who have been precluded from participating in an employer’s 401(k) in the past because they were excluded under the plan’s document for being a part time worker, they may find that under the Act, participation in such plans is now possible. Previously, if you worked less than 1,000 hours
per year, you were generally ineligible to participate in a 401(k). Under the Act, with the exception for those covered by collective bargaining agreements, the law requires employers maintaining a 401(k) plan to offer the opportunity to participate to any employee who worked more than 1,000 hours in one year, or 500 hours over three consecutive years. Previously, if you inherited an IRA, you could “stretch” your distributions and tax payments over your single life expectancy. Now, for IRAs inherited from the original owner who
passed away on or after the 1st of January, 2020, the Act requires that beneficiaries withdraw those assets within 10 years following the death of the account holder. Exceptions to this 10 year rule include distributions for surviving spouses, minor children, disabled persons or those with chronic illness. If you’re a beneficiary of an inherited IRA and the original owner passed away prior to the 1st of January, 2020, then you don’t need to make any changes. Small business owners are incentivized under the Act to start a qualified retirement
plan. The Act provides a start up retirement plan credit for smaller employers (100 or fewer employees) of $250 per non highly compensated employee that is eligible to participate in the plan, up to a maximum cumulative credit of $5,000. The Act also facilitates the adoption of “MEP” (multiple employer plans) by allowing completely unrelated employers to participate in a MEP, without fear of repercussion under what had been known as the “one bad apple” rule. Now, not all participants in a MEP will face adverse consequences if one of the participants fails to satisfy the tax qualification rules for the MEP. There are many other intriguing aspects of the Act that could be of benefit to those who participate in qualified plans that feature auto enrollment. Greater requirements of transparency with regard to expenses and amounts of potential income are also stipulated within the Act. For more information about how the provisions of the SECURE Act may be of benefit to you, please either give us a call, or the financial advisor with whom you may have an existing relationship. (*) = Securities products are subject to investment risk, including possible loss of principal. Before investing, carefully consider the investment objectives, risks, limitations, charges and expenses of the product and
any underlying investment options. This information can be found in the prospectuses or offering statements. Please read carefully before investing. Variable products are subject to investment risk, including possible loss of principal. Before investing, carefully consider the investment objectives, risks, limitations, charges and expenses of the product and its underlying investment options. This information can be found in the product and investment option prospectuses. Copies are available from my office. Please read carefully before investing. Representatives of AIC do not provide tax or legal advice. Please consult your tax advisor or attorney regarding your situation. David has been in practice for 29 years, with a distinctive focus on the management of retirement assets for the production of durable income. David R. Guttery, RFC, RFS, CAM, is an Investment Advisory Representative of Ameritas Investment Corp, and President of Keystone Financial Group, in Trussville, Alabama. David independently offers securities and investment advisory services through Ameritas Investment Corp. (AIC) member FINRA/SIPC. AIC and Keystone Financial Group are not affiliated. Additional products and services may be available through David R. Guttery or Keystone Financial Group that are not offered through AIC.
5 Retirement Questions Every Couple Should Ask—and Answer
All couples can benefit from having a conversation about retirement. Merrill Lynch Wealth Management shares tips on how to put a plan in place to pursue your goals. Difficult financial decisions are common on your way to retirement. Questions about Social Security, Medicare and how best to draw down retirement assets are just some of the topics to discuss with your partner. But before you begin these discussions, it is important to have a more personal conversation about each other’s goals for retirement; this will help to guide the decisions you make for the next stage of your life. Use this checklist to get the conversation started and be sure to make it a yearly tradition to revisit your plans together. 1. Will we retire at the same time? Many couples find this to be one of the hardest questions to answer. One of you may be looking forward to winding down a satisfying career, while the other is still enjoying the pace of full-time work. “Statistically, women tend to live five years longer than men,” says Karen Burns, Enter-
prise Planning & Advanced Digital Solutions at Bank of America. “Particularly when a wife is the younger spouse, there may be good reason for her to keep working a while longer so that she will not outlive their retirement savings.” Having one spouse work longer may also make it possible for one or both spouses to delay claiming Social Security benefits—a choice that can increase the size of your benefit and entitle your spouse to a larger survivor’s benefit. 2. How will we spend our days? Decisions about travel, family time and other retirement pursuits are as individual as the couples who make them. But different choices carry different price tags, so it is important to at least have a broad outline of how you want to spend your time together. “Try making a list of retirement objectives with your spouse each year,” Burns suggests. As you get closer to retirement, “have some long talks with your
spouse to work out the differences between your two lists and figure out a plan for accommodating each of your most important priorities,” she says. 3. Where will we live? Your choice will most likely have a major impact on your retirement finances. Downsizing from a house to a condominium could free up cash to bolster your savings and might also reduce outlays for property taxes and upkeep. Houses age too, and if you keep the family home, its maintenance needs are likely to increase. On the other hand, relocating could boost—or lower—other expenses. State income taxes and local property taxes, as well as the overall cost of living, can vary widely by location. For example, Alaska, Florida, Nevada, South Dakota, Texas, Wyoming and Washington have no state individual income tax—though some impose other levies, such as Washington’s state estate tax.
4. Whose investing style will we follow? During your working years, you and your spouse may have managed your own 401(k)s and IRAs in line with your individual investment preferences. That does not have to change as you move into retirement, but it is important to work with your financial advisor to coordinate an overall portfolio that serves your mutual goals. As Americans live longer, it is also “increasingly important to continue to explore investment strategies that will help your portfolio continue to grow even as you begin to draw down on it,” says Debra Greenberg, Retirement and Personal Wealth Solutions, Bank of America. 5. Will we leave our money to the kids or to charity? If you have arrived at this question, it means that you have worked through the basic issues, but it may still inspire passionate conversation. For couples who may not see eye to eye on sharing their wealth with their kids, a mul-
tigenerational health and education exclusion trust (HEETi), could be the answer. This type of trust is designed to see to it that children and future descendants will not have to worry about medical or college costs. Paired with a fund for each child to cover emergencies or retirement, it can ensure that children are provided for while still allowing you to give a portion of your estate to charity. For more information, contact Merrill Lynch Financial Advisor Julie Helmers in
the Birmingham, AL, office at 205.326.9609 or julie.helmers@ml.com. A HEET is a trust created during life or at death to which none of a donor’s generation-skipping transfer (GST) exemption is allocated, but the funds may be used for education and medical expenses of grandchildren and more remote descendants paid directly to the educational institution or medical provider.
Any information presented about tax considerations affecting client financial transactions or arrangements is not intended as tax advice and should not be relied upon for the purpose of avoiding any tax penalties. Bank of America, Merrill, their affiliates, and advisors do not provide legal, tax or accounting advice. Clients should consult their legal and/or tax advisors before making any financial decisions. This material should be regarded as general information on Social Security considerations and is not intended to provide specific Social Security advice. If you have questions regarding your particular situation, please contact your legal or tax advisor. Bank of America is a marketing name used by several Bank of America Corporation businesses, including, but not limited to, Retirement and Philanthropic Services. Bank of America Corporation is a financial holding company that, through its subsidiaries and affiliated companies, provides banking and non-banking financial services. Merrill Lynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed or provided by companies that are affiliates of Bank of America Corporation (“BofA Corp.”). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC, and a wholly owned subsidiary of BofA Corp. Investment products: Are Not FDIC Insured. Are Not Bank Guaranteed. May Lose Value © 2020 Bank of America Corporation. All rights reserved. | ARQBPTVK | WP-01-20-2271 | 01/2020
Legal & Finance | The Trussville Tribune
Page 4
January, 2020
Looking for a fresh start this year? Here are some things to consider before filing for bankruptcy
By Tanna M. Friday For The Tribune
TRUSSVILLE — Many of us have been making New Year’s resolutions, including losing weight or saving more money. For people struggling with overwhelming debt, one resolution may be finally taking control of their hardships and filing for bankruptcy. If you are considering bankruptcy as an option, you should not only consult with an experienced bankruptcy attorney, but also keep in mind the following considerations regarding bankruptcy. According to local attorney Tommy French, bankruptcy can be a very complicated and expensive process that could impact your credit for up to 10 years. So when it comes to personal finances, bankruptcy should be the last resort. French says it is imperative to think through the decision to file since bankruptcy could effect a future job application status or prevent large purchases in the future. “In a nutshell,” French says, “bankruptcy provides a solution to people to get out of substantial debt while treating creditors in a fair manner.” “The Bankruptcy Code it is there for them,” said French. “It is one of the few courts that is actually all about the debtor. It really is. The judge wants the debtor to come out of this situation in the best possible position. Not all judges and courts are that way. The judge is not for the creditor or the debtor in anyway other than to make sure that when you leave the court, you are standing in the best
possible position you can to get a fresh new start.” According to French, bankruptcy falls into one of two types - Chapter 13 (Liquidation) or Chapter 13 (Individual Debt Adjustment). Chapter 7 bankruptcy: In exchange for wiping out qualifying debt, you must agree that the trustee (a person who represents the debtor’s estate) can take and liquidate (sell) some of property to pay back debt. However, you can keep (exempt) property protected under state law. “If your income is correct under the means test (test to determine whether one’s income exceeds a certain amount), equity in your home follows exemption laws, mortgage is current, and your personal property is within $7,500 worth of personal exemptions, then you would generally qualify for a Chapter 7 bankruptcy,” said French. “Some people are nervous when they hear the word liquidation,” said French. “It actually means anything over and above the statutory exemptions allowed in Alabama. As long as one can keep their estate total under the exemptions, there will not be any liquidation. Now if you have extra cars, RVs, and boats, the court will take it, sell it, and liquidate it. In addition, child support and alimony as well as federal student loans and federal and state taxes cannot be discharged and will remain.” “For example, the exemptions for Alabama total $7,500 ($15,000 if filing joint) worth of personal ex-
emptions. (furniture, electronics, personal items),” said French. “In regard to homestead (house) is $15,000 filing single ($30,000 if filing joint). As long as your equity in your home is that amount or less, one would qualify for a chapter 7 bankruptcy.” French said that there are exceptions. “If you are behind in payments on your mortgage, this will disqualify you from a chapter 7 and place you into a chapter 13 bankruptcy.” “The reason is that if you are not current on payments, the bank could foreclose with or without bankruptcy,” said French. “They have a right pursuant to the contract and the mortgage to foreclose. If you are behind on it by two or three months and you are facing foreclosure, you can stop it but it will be through a chapter 13. It is important that you speak to an attorney about your options.” “You can walk out with little to no debt and start fresh,” said French.
Chapter 13 bankruptcy: Chapter 13 bankruptcy reorganizes debt for high-income earning individuals (although it is available to others, too). Although you can keep all of your property, you must pay creditors the value of any nonexempt assets as part of a three- to five-year Chapter 13 bankruptcy payment plan as well as any additional discretionary income (as determined by the bankruptcy rules). “Let’s say that one doesn’t qualify for a chapter 7 bankruptcy for income purposes, such as making to much money or have too much equity in their home, and the catch all that I see a lot, it that they’re behind on their mortgage,” said French. “Those throw people into chapter 13.” “A chapter 13 is paying the debt back also called an Individual Debt Adjustment,” said French. “One must provide the trustee with all of their disposable income which is anything left over after payment of necessary bills each month.
Based on one’s income, they may qualify for a 36 month to 60 month plan. This process, like the chapter 7 bankruptcy is determined through a means test. Payments are made directly to the trustee.” The benefit to those who file bankruptcy, creditors are required to stop and cease contact, which is required by law and referred to as an automatic stay (halts actions by creditors). “By the time people come to me, they have already been harassed by creditors,” said French. “Creditors are notified either by email or through the mail. If they are still receiving calls, answer the phone and give them your case number. This will give people peace of mind, which most appreciate.” “After the wage earner plan has been established, monthly payments are made to the trustee for either 36 or 60 months,” said French. “At the conclusion of these payments, the bankruptcy is discharged (a permanent or-
der that also prohibits creditors from taking any form of collection action on the discharged debts).” In addition to qualifying for either chapter 7 or chapter 13 bankruptcy, French adds that there are requirements for all individuals who file jointly or separately. “All parties who file for bankruptcy are required to complete pre-bankruptcy credit counseling and pre-discharge debtor education,” said French. “Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file. Once this has been completed, your attorney will receive the certificate.” “What you are trying to determine if bankruptcy is the right thing for them, if you can walk out quicker, get rid of most of your debt, and keep what you need to keep, thats what you need to do,” said French. Additional things to consider before filing bankruptcy: • Bankruptcy will affect your credit; • A bankruptcy can stay on your credit record for up to 10 years; and • Since bankruptcy provides a fresh start, you may be in a better position to pay your current bills once discharge has been granted. Therefore, you may be able to get credit when you have the ability to pay it back. **No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
BANKRUPTCY · FAMILY LAW · CRIMINAL DEFENSE · REAL ESTATE 800 WATTERSON CURVE STE 101 TRUSSVILLE AL 35173
205.508.5900 www.tommyfrenchlaw.com
tafrench@bellsouth.net
No representation is made that the quality of legal services to be performed is greater than the quality of services performed by other lawyers.
January, 2020
Legal & Finance | The Trussville Tribune
Page 5
Blount Hughes LLC: An Alabama law firm for Alabama families
By Tanna M. Friday
TRUSSVILLE — The new year often brings the uncertainty of frigid temperatures, treacherous driving conditions and increased car accidents. Along with that uncertainty, it also brings the promise of new beginnings. Many people take the opportunity to reflect on their lives, families, professions, and relationships to set new goals for growth and prosperity in the new year. A part of that review will often entail a fresh look at legal matters and situations. The attorneys at Blount Hughes LLC located in Trussville have over 60 years of combined experience in the areas of car accidents, personal injury, fraud and breach of contract, workplace assaults, estate planning and probate cases, real estate closings, family law, DUI, and criminal defense. “We run a gamut of services,” said Blount Hughes attorney Leslee Hughes. “We do just about everything, and we don’t turn many folks away. We are one of the few firms around that consistently have clients that we work with on payments. We make every effort to have a pay-
ment plan that our client can afford. We are perfectly willing to help with someone who is in a difficult situation.” Leslee, along with her husband, Scott Hughes, and colleague, David Blount, are the attorneys of Blount Hughes LLC which was established in 2016. The three have been practicing law since 1996 and bring ample experience and representation to Trussville and surrounding communities. David Blount has been practicing law since 1996. He formed the firm, practicing full time, after a successful 25-year career as a Human Resources Employment Director and Manager in the telecommunications and public utilities industry. He has merged this knowledge into the areas of employment law, labor relations, disability law, and contract law. Blount has represented businesses and individuals in the areas of small businesses, youth sports organizations, and homeowner’s associations. Scott Hughes, a retired U.S. Army Lieutenant Colonel, is a former assistant district attorney and has been licensed in Alabama since 1997. After retiring from the military in 2014,
he joined Blount in practicing full time. Shortly thereafter, they joined forces and formed Blount Hughes LLC. Hughes has been licensed to practice law in Federal, State and Local Courts in Alabama since 1997. He has also obtained accreditation by the Veterans Administration Office of General Counsel, which allows him to assist Veterans with various claims for benefits and entitlements. Hughes wife and former State Prosecutor, Leslee, joined the firm in 2017 bringing to the firm extensive trial and litigation experience. Leslee recently joined the Volunteer Lawyers Program with the Alabama State Bar (VLP), which according to their website, helps low-income citizens whom other programs often cannot serve. Leslee specializes in small business (profit and non-profit) representation including ministries, probate and estate law, criminal defense and civil litigation. “Our firm can benefit the family at large,” Leslee added. “Whether it be through some type of family split, planning for your family’s future, or a personal injury case. We all have a different niche. We are a family law
firm that will represent you from the day you arrive to the day you leave and then for your family thereafter.” “We are a full-service firm for families and the community,” said Hughes. “We are involved in the community outside our firm as well. Our daughter attends Hewitt-Trussville High School and pitches for the high school softball team. So, we actively stay involved in our schools and community.” “Our slogan is ‘An Alabama firm for Alabama families,” said Blount. “We do anything that a family may need. Most of our criminal work, for example, is for folks we know because they know about us and our experience.” “A lot of our clients have come to us for estate planning,” said Leslee. “and as their family changes, we help them through those changes. From divorce, marriage, and adoption, to a car wreck. However, your life is changing. That is what we at Blount Hughes LLC have built ourselves to be. ‘How can we help your family in general?” Most of the clients of Blount Hughes LLC are re-
peat clients for this very reason. “We have structured our firm for the needs of our clients,” said Leslee. “If I am unable to help someone, David or Scott can take over. “We want to help you throughout the process of life,” said Leslee. “For those who view law as a profession, there is a passion behind what we are doing for others. Our driving force is to help people in a time of crisis. Because 90% of what we deal with is someone who is in a crisis. This is what we want people to see in our firm. We want to help you through your journey in life. How can we make
your journey easier? We can help you pick up the pieces when it is not easy.” If you are dealing with uncertainty this new year, you’re not alone. Consider talking with the attorneys of Blount Hughes, LLC. so that you can confidently move forward with a strategy that is beneficial for your family. You can contact the law firm of Blount Hughes, LLC at (205) 383-1875 or visit www. blounthughes.com. *No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
PERSONAL INJURY REAL ESTATE • Deeds • Accidents • Closings • Injury CONTRACT • Car Wrecks • Contract Review FAMILY • Contractor Fraud • Divorce BUSINESS • Custody • LLC/Corporation • Child Support Formation • Asset Sales/Sales • Grandparent Visitation • Adoption • Criminal ESTATE PLANNING/PROBATE • Wills • Trusts • Powers of Attorney • Advanced Directive for Health Care • Probating Estates
7127 Gadsden Highway Suite 207 Trussville, AL 35173
205-383-1875
No representation is made that the quality of legal services to be performed is greater than the quality of services performed by other lawyers.
Page 6
Legal & Finance | The Trussville Tribune
January, 2020
Thinking of entering the rental property investment game? While it can be a lucrative prospect, the reality of being a landlord can be overwhelming and full of hurdles from a legal standpoint
Here are a few things to consider before taking the plunge: 1. Do you believe in unicorns? A long-term tenant who pays rent on time and does not destroy your property is as rare as a unicorn. An overstatement? Yes, but the point being is that a good tenant can be difficult to find. Background and reference checks can certainly weed out some prospective problems, but there is simply no crystal ball to see which tenant is a unicorn. 2. Evictions are expensive. There is just no way around it. The work and time involved, plus the filing fees, court costs, process server fees, and attorney fees can make even a simple eviction a costly endeavor. The temptation to accept partial payments
from the tenant after the eviction starts will lead to having to start the whole process over. Calculate in lost rental income and damages to your property, and you can see how the costs can rise quickly. 3. Time is not on your side. The biggest complaint pertaining to evictions is the length of time that it can take until you get a resolution. Depending on several factors, an eviction can take anywhere from just over a month or, in some cases, they can extend several months down the road. The time involved is due to several factors including statutory time requirements, a judge’s caseload, the backlog of the sheriff’s eviction department, and the antics of a professional tenant. A professional tenant? Yes, a professional tenant.
4. The professional tenant. Some folks have perfected the art of rent-free living for as long as possible before the wheels of justice roll around. They know their rights under the law, the time periods involved, and how long they have until their belongings are set out on the curb. Additionally, a tenant who declares bankruptcy or who appeals an eviction can extend your costs and time drastically. 5. Urban legends. You can’t shut off their utilities. You can’t change the locks or take their doors off the hinges. You can’t threaten or harass them. I don’t care who told you that you could…you can’t. Trust me on this, or you will find yourself being a Defendant, rather than a Plaintiff, should you go this route. These tips are to inform
and not to dissuade, but Landlord/tenant law is an ever-changing area of practice. Evictions require you to follow code sections perfectly, and just one misstep or timing error can completely derail the process.
A licensed attorney familiar with this area can help you navigate these waters. Jeremy Summers is a graduate of Hewitt-Trussville and has been in practice for 11 years. He shares an office in Center Point
with his father, W. Alan Summers, who recently celebrated 51 years of practice as an attorney. They have represented clients on both sides of landlord/ tenant issues, and are available to help you as well.
Know your rights: Guns in Alabama Summary of Alabama Gun Laws from USConcealCarry.com
Alabama is a shall-issue state with concealed weapons permits issued at the county level by the local sheriff’s office. There is no permit, background check or firearms registration required when buying a handgun from a private individual. Open carry is legal in Alabama without a permit. Any person who is at least 18 years old and legally entitled to carry a firearm can open carry. Some areas are off-limits, including schools and courthouses.
Concealed carry is legal with an Alabama Pistol Permit or a permit from a state that Alabama honors. Alabama does not require the applicant to complete a firearms safety course or otherwise demonstrate knowledge of firearms safety prior to issuance of a pistol permit. Only residents can obtain Alabama pistol permits. However, the county sheriff may issue a permit to active-duty military stationed in Alabama and their spouses. Active duty military veterans that meet the qualifications can obtain or renew their pis-
tol permits free of charge. In terms of reciprocity, Alabama honors all out-of-state concealed carry permits. Alabama is a Castle Doctrine state. Use of force in self-defense is generally presumed to be legal when that force is necessary to prevent imminent harm or injury to one’s self or another. There are several circumstances in which the law allows a person to use deadly force for self-defense purposes, including: when a person reasonably believes that another is about to use unlawful deadly
force; when a person reasonably believes that a burglar is about to use physical force; when a person is attempting to thwart another who is engaged in the act of rape, kidnapping, assault or robbery; or when another attempts to unlawfully enter a person’s home or vehicle or attempts to remove a person from such in order to occupy it. You do not have a duty to retreat and are allowed to stand your ground, provided you are in a place where you have a right to be and you are not engaged in an unlawful activity.