calicojack
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Letter to the Chief of police and Sheriff
- Thread starter vmathis12019
- Start date
Packin'
Regular Member
OC okay in Mobile, AL according to Sheriff Cochran on live FM Talk Radio
I asked him on the air. He agreed OC is in fact legal and stated all of his deputies knew it.
I asked him on the air. He agreed OC is in fact legal and stated all of his deputies knew it.
Kirbinator
Regular Member
It's too bad this came up two years later... what charge was the OP arrested under.
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-6-25.htm
Section 13A-6-25
Criminal coercion.
(a) A person commits the crime of criminal coercion if, without legal authority, he threatens to confine, restrain or to cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.
(b) Criminal coercion is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2125.)
Further, the mere possession of a firearm does not fulfill the requirements for disorderly conduct. This being two years outside of the statue of limitations means you can't go after the arresting officer for the above charge.
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-6-25.htm
Section 13A-6-25
Criminal coercion.
(a) A person commits the crime of criminal coercion if, without legal authority, he threatens to confine, restrain or to cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.
(b) Criminal coercion is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2125.)
Further, the mere possession of a firearm does not fulfill the requirements for disorderly conduct. This being two years outside of the statue of limitations means you can't go after the arresting officer for the above charge.
eye95
Well-known member
The OP hasn't been on in a few years. I don't have IM configured, but he has an IM address in his profile. Someone want to send him an IM asking him back and inviting him to ALOC?
Packin'
Regular Member
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Maybe he later on got confined to his room and can't come out to play...say for a year or more. Anyone know if he is a free man? Sure hope so.
eye95
Well-known member
Packin': Criminal coercion comes from the Alabama Code. Section 13A-6-25 is a reference to the code. http://alisondb.legislature.state.al.us/acas/ACASLoginFire.asp is a link to the code. Once there, click on "Code of Ala" (a tab on the left) and then "View" (from the menu that displays). I keep this site open on my computer at all times.
The reference is suggesting that, if an officer tries to get us to cover our weapon, for instance, by threatening us with arrest, then he has committed the crime of coercion. I don't know of a precedent, but it is an interesting legal theory.
The reference is suggesting that, if an officer tries to get us to cover our weapon, for instance, by threatening us with arrest, then he has committed the crime of coercion. I don't know of a precedent, but it is an interesting legal theory.
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eye95
Well-known member
I don't know. He last posted long before the current crop of Alabama regulars started posting. Like I said, someone can try to IM him from his profile. I can't. I have deliberately set up my computer without that capability. If he had an email address, I'd contact him that way. But is is not available from his profile.
Mostly the disorderly conduct law and simple logic.
Packin'
Regular Member
"Further, the mere possession of a firearm does not fulfill the requirements for disorderly conduct."
I am talking about that line ^
Kirbinator
Regular Member
I think Mystic Lemur covered this over on ALOC, but I'm going to attempt to explain it here:
http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/13a-11-7.htm
Subtype b defines the category of offense. This is not relevant to us, and may be ignored.
Subtype a defines the offense. This may be further broken down along lexical boundaries for easier reading, as shown below:
THEREFORE,
If NO CONDITION exists that fulfills ANY one of the subtypes listed one through six, a person is NOT committing a crime of conducting himself in a disorderly fashion (disorderly conduct).
As the state constitution affirms that we have the right to bear arms in the defense of self and the state, the mere possession of a firearm cannot be a crime.
http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/13a-11-7.htm
Alright, let's try fixing some formatting on that:
So therefore, the logical construction of the law is two letter parts, and six sub-types under section a.
Subtype b defines the category of offense. This is not relevant to us, and may be ignored.
Subtype a defines the offense. This may be further broken down along lexical boundaries for easier reading, as shown below:
Of the six subtypes listed above denoted with numbers, note the word "; or" at the end of the sentance. This creates a logical structure that defines the law as "(offense) : (insert one of six) (offense-level)".
THEREFORE,
If NO CONDITION exists that fulfills ANY one of the subtypes listed one through six, a person is NOT committing a crime of conducting himself in a disorderly fashion (disorderly conduct).
As the state constitution affirms that we have the right to bear arms in the defense of self and the state, the mere possession of a firearm cannot be a crime.
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Gunslinger
Regular Member
+1 Screw their "attitude." Keep it based on the law. We aren't trying to make ignorant cops like the law, just obey it.
Kingfish
Regular Member
You do not know the man you speak derogatorily about. Last I spoke with him he was in basic training...US Army if I remember correctly.
eye95
Well-known member
We'd sure love to hear from him. I am curious how he is doing, if he is still an OC advocate, and if his arrest has had any other ill effects.
There may not have been a lot going on in AL regarding OC when he was arrested, but the discussion of his arrest got a lot of people looking into the legality of OC in Alabama and led to the movement whose size now would probably surprise him.
Kingfish
Regular Member
I will see if I still have his email and send him a note.
eye95
Well-known member
Thanks. He may not realize it, but the AL movement owes a lot to his pioneering efforts.
Vmathis12019 was a college student in Troy, very gung ho, very bright - started ALFRA, got it rolling then disappeared. Heard that he joined the service. Somebody must have an idea where he is.
http://forum.opencarry.org/forums/showthread.php?41803-The-Alabama-Firearm-Rights-Association-Update!&p=698218#post698218
Maybe somebody knows Rick Henderson, ALFRA Co-founder?
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Facebook page for this group with picture of Andrew and a list of 292 "friends" - someone likely knows what happened and those members would be worth recruiting here.
http://www.facebook.com/group.php?gid=10640190929
eye95
Well-known member
Great! Does someone with facebook access want to contact the group? I deliberately avoid facebook myself, so I can't.