Mobile Mardi Gras Gun Ban Appears To Lack Basis In State Law

Ask Mobile Police about Mardi Gras parade do's and don'ts and this is at the top of the list.

“Pistol permits do not grant you permission to carry pistols at Mardi Gras no weapons allowed at Mardi Gras,” says Mobile Police Spokesman Corporal Christopher Levy.  Levy insists people have challenged the no guns at Mardi Gras rule and lost--but I was unable to find examples.  The Mobile County Sheriff's Office--the ones who issue gun permits in the first place, say the city's rule is incorrect. 

“The state of alabama code states that if you have your pistol permit you may carry a concealed weapon,” says Mobile County Sheriff’s Office Public Affairs Director Lori Myles.  She is citing a state law that says a city can't pass its own gun restrictions, only the legilsature can.  We're not sure how long the city has been asserting no guns at Mardi Gras.  Even though the practice is highly questionable the police department isn't changing its position.  At the same time, the sheriff's department is reminding permit holders that drinking while have a concealed weapon is illegal.

“If you're down at Mardi Gras and you do have your concealed weapon and you're arrested for public intoxication and we find that you have your concealed weapon on you stand the chance of losing your pistol permit cause it clearly states you cannot do drugs and alcohol while carrying your weapon,” says Myles.  “Drinking alcohol, angry about someone getting their spot in a parade just anywhere where you have emotions that elevate, they strongly discourage [carrying a firearm].”  As for Mobile's no-gun rule, the state attorney general's office says they can't issue an opinion--there would probably have to be a legal test case for that.