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Thread: Alabama Attorney General's Opinion

  1. #1
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    Okay. In light of the upcoming empty holster protest on college campuses nationwide, I have been thinking more and more about the "NO GUNS" policy on campus here at Troy University.

    Now if I understand correctly, Universities gain their authority over their campuses because they are granted special status by the State. This status very much resembles a municipality: we have our own post offices, our own police department (all graduates of the state trooper academy), and our own ZIP code. Now it is my understanding that under the code of Alabama, no municipality or county has the authority to regulate the legal possession of firearms:

    Section 11-80-11
    Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General.
    (a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components.

    I don't think anyone around here has ever challenged University authority to regulate firearms possession on campus, so there has never been any sort of official decision by the legislature/attorney general in the matter.

    I think it would be a great idea to request an Attorney General's Opinion on this matter, but the AG website states that ordinary citizens cannot do so:

    (Quoted from the AG website):


    Who is entitled to request an Attorney General's opinion?
    Any officer, governing body, department or agency of the State, a county, or municipality.
    I personally do not have the status of any of these things, but perhaps if there was someone who might be a member of this forum that had such legal entitlement to request an opinion, we could take the first step to tackling this issue?



    What do you guys think?




    EDITED FOR POOR GRAMMAR.

  2. #2
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    Regardless of what the law is, a university will spend all of its resources fighting for their weapon bans.

  3. #3
    Regular Member Kingfish's Avatar
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    And even if the AG issues an opinion, it WILL BE ignored. Just like 84-205 (open carry is legal.)

  4. #4
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    Yeah, but it would be a start. I know that it would take a legislative act or SC decision to render the restrictions illegal, but the AGO would at least give us a foothold.

  5. #5
    Regular Member Kingfish's Avatar
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    vmathis12019 wrote:
    Yeah, but it would be a start. I know that it would take a legislative act or SC decision to render the restrictions illegal, but the AGO would at least give us a foothold.

    Only thing the legislature could do would be to specifically prohibit indoctrination camps (colleges) from making or enforcing anti policies.

    Supreme court would do nicely. You willing to be the test case?

  6. #6
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    Right. In the long run, being publicaly funded, a public university in Alabama would probably be forced to not have anti policies.

    The problem is you better be willing to spend 100k and bring it up to the ALSUPCO. Also, you will be blacklisted in all the universities in the world, in addition to all the professors which will give you nothing more than an F.

  7. #7
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    Well, as you may or may not know, I am actually a pre-law student right now. After I earn my BS in International Relations, and then get my JD, I might be willing to sponsor some kid willing to sue a school, pro-bono of course.

    Since this was done for me in my recent legal troubles, it seems only fair to pay it forward, and it seems that nearly everyone here uses the disclaimer IANAL... wouldn't it be nice to have someone who IS a lawyer willing to step up and be heard?

    These ideas of course are mere novelties now, but who knows, 10 years down the road, you just might be hearing about such a case .

  8. #8
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    IANAL but I don't think most lawyers would give advice without IANAL disclaimers online. Too much liability....

  9. #9
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    Iagree. I am mostcertainly not suggesting that I would offer such counsel via an online forum. However, having more people in the legal profession with the zeal and courage to stepup and take a stand seems like a desirable thingright?

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