Local Firearms Preemption: Birmingham vs Hoover
How do local firearms preemption rules compare between Birmingham, AL and Hoover, AL?
Birmingham has fewer restrictions than Hoover.
Birmingham, AL
Jefferson County
Birmingham cannot enact local firearm ordinances — Alabama Code Section 13A-11-61.3 gives the Legislature complete control over firearm and ammunition regulation and policy, expressly stripping municipalities of home-rule authority over guns. Carry, purchase, and possession rules are uniform statewide.
View full Birmingham rules →Hoover, AL
Jefferson County
Alabama law preempts most local firearm regulations, reserving authority over guns, ammunition, and accessories exclusively to the state legislature under Code Section 13A-11-61.3.
View full Hoover rules →Key Facts Comparison
| Fact | Birmingham | Hoover |
|---|---|---|
| Preemption Statute | Ala. Code Sec. 13A-11-61.3 | - |
| Redrafted / Strengthened | 2013 (Act 2013-283); 2024 (Act 2024-232) | - |
| Statewide Carry | Permitless handgun carry (19+) since Jan 1, 2023 | - |
| What Birmingham May Regulate | Employee conduct, general zoning, range operations, competitions | - |
| What's Preempted | All other firearm and ammunition regulation; buyback programs; firearm registries | - |
| - | - |
Highlighted rows indicate differences between cities.
Birmingham FAQ
Can Birmingham ban handguns or assault weapons?
No. Ala. Code Sec. 13A-11-61.3 vests complete control of firearm regulation in the Alabama Legislature. Birmingham cannot ban any firearm type state and federal law allow.
What firearm rules apply in Birmingham?
Alabama state law. Adults 19+ may carry a handgun openly or concealed without a state permit under Alabama's constitutional-carry law (Act 2022-133, effective January 1, 2023). Federal background-check rules apply at licensed dealers.
Are there any local firearm restrictions in Birmingham?
Only narrow ones state law allows: rules for city employees on duty, generally applicable zoning, range and competition standards, and certain license-revocation actions. Birmingham cannot run a gun-buyback paying for surrendered firearms or keep a firearm registry under the 2024 amendment.
Hoover FAQ
Can my city pass stricter gun laws than Alabama?
No. Code Section 13A-11-61.3 preempts nearly all local firearm regulation, with narrow exceptions for discharge within city limits.
What if a local ordinance violates this preemption?
Affected individuals can sue for declaratory or injunctive relief and recover reasonable attorney fees from the locality.
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