Appeal From Denial of Concealed Carry Permit


Treadway v. Abernathy, Sheriff, [Ms. SC-2022-0540, Aug. 12, 2022] __ So. 3d __ (Ala. 2022). The Court (Stewart, J.; Parker, C.J., and Bolin, Wise, and Sellers, JJ., concur) reverses the Tuscaloosa Circuit Court’s judgment dismissing Brandon Treadway’s appeal from the Tuscaloosa District Court’s judgment upholding the denial by Tuscaloosa Sheriff Ron Abernathy of Treadway’s application for a concealed carry pistol permit. Section 13A-11-75(a)(3), Ala. Code 1975 provides for an appeal to district court of a sheriff’s denial of a pistol permit. The circuit court dismissed Treadway’s timely appeal because the statute does not expressly provide for appeal of the district court’s decision to circuit court. Ms. **2-3.

The Court holds that §§ 12-11-30 and 12-12-71 [providing circuit courts general supervisory and appellate jurisdiction over district courts] “confer appellate jurisdiction on the circuit court to review the final judgment of the district court in a civil proceeding initiated pursuant to § 13A-11-75(a)(3).” Ms. *4.

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