imported post
Here's what originally started the "Detour Saga":
I'm in Marshall County Alabama and I have been open carrying for 6 months now. During that time I have had officers question me asking if I was a cop. After telling them no I was not, they would then say "you cant carry your weapon in the open".
Well, I had already seen Opencarry.org and had the AG's Opinion. I called the attorney that helped Mr. Mathis (J. Scott Hooper), the NRA, the DA of my county and the Marshall County Sheriffs Office. The only ones who told me open carry was illegal was the Sheriffs Office and local Police Officers.
The first time my permit was pulled was 3 months ago. I was at a store and 2 county Deputies were there. One pointed to my Beretta 92FS with crimson trace laser sites and said "What's that?". When told him he said "You cant carry that in the open". I then told him I had some paper work from an attorney and from the AG's office stating that open carry was legal in Alabama. I had also talked with the AG's office and had been trying to get the Sheriffs office to confirm it, but the deputies didn't want to hear it or see any of the paper work I had. They stated that unless I had something from the Governor or the Sheriff saying that I could OC, I had to put it in the truck and if I didn't I would go to jail. I told them out of respect for them and the badge, I would do as he told me. So I put it in my truck, and went on to visit my mom in the nursing home.
I went to the Sheriff's Office the next morning and the deputy there said the same thing. He pounded on his desk, proclaiming that Alabama was not an OCW state and if I did it again he would pull my permit. He didn't want to see anything I had on it. He said he would look in to it himself. So I said, "OK. I'll conceal or leave it at home till you find out".
Well I called the NRA and got some advice from them. Then I thought, "Well, if the Sheriff's office wouldn't look at my paper work when I was there I'll just fax it to them".
I did so at 11:50 am and at 4:30 pm the same day, the same 2 deputies I first encountered at the store came to pick my permit up . I gave it to them and one of them said, "I guess you can open carry now" while waving my permit at me, " but you know you have to have the permit when you are in that truck". I said "Ohhhhhhhh I see. 3 days ago OCW was illegal and I can't, but now it's ok and you're taking my permit knowing I have to have it in order to carry in a vehicle".
At the same time as I faxed the stuff to the Sheriff, I had also sent it to the DA's office. He called me on a Sunday of all days. He said he was aware of the open carry laws in Alabama and would call the Sheriffs office about it. He said if I didn't hear from them by 4 pm the next day I should call him back.
There's a bit more to it, but suffice to say that 2 days later I had my permit back. I also drew up a paper saying I could oc or cc, with 8 different variations, and had the Sheriff sign it.
All was fine and I went about my business, OC'ing daily.I even encountered some Boaz city officers. They would simply look at my paperwork and send me on my way. No panic stricken soccer moms dashing for cover. No "man with a gun" calls. No drama whatsoever amongst the general public. Until now.
My wife and I had decided to meet up at Captain D's in Boaz. As I pulled into the parking lot, I noticed a city cop car already there. I was OC'ing as usual, and once I found my wife we went on in. While she waited for our order, I gathered the drinks and other meal accessories then headed off to find a table. On the way, I passed by the officer's table where he was sitting with some family or friends. When my wife arrived, I noticed that some of our food was wrong so I went back up to the counter to exchange it. That's when things turned south.
While I was at the counter, the officer came up and asked if I am a cop. When I replied no, he asked why I had a gun. I told him politely for self defense and personal protection. He then launched into the same speech I had heard before, about how you can't OC; he's a cop and can't OC when he's off duty; and a new one "you just come in here wearing a t-shirt, shorts (Tommy Hilfiger khakis btw), and flip flops with a gun on your hip". I told him I wasn't aware there was a dress code for OC and that I had some paperwork in my truck stating I could. He simply demanded my ID and asked if I had a permit. I said yes, to carry concealed or in my vehicle but I am on foot. He took my ID and called it in as a 1032 (man with a gun). While he waited for a response I asked him again to please look at my paperwork, including an agreement with the Sheriff, but he didn't want to hear it. When my ID came back clear, he again told me I couldn't carry like that then grabbed my holster from my hip and took the pistol out! He then dropped the magazine out, ejected the chambered round and activated the laser...all right there at the pick-up counter at Captain D's!
I kept suggesting (partially for the safety of everyone else!) that we do this outside, where I could show him the paperwork I had, but he stubbornly refused. Finally, I guess I wore him down and we went outside. When we got to my truck I was at last able to show him the letters from the DA and the agreement with the Sheriff. He said he wasn't going to argue with me about it, and to prove his point he took my pistol and my permit. He said if I wanted them back I would have to talk with his Chief.
The next day I did talk to the Chief, who told me he would have to wait to see what the DA said (I already knew). If he didn't press charges I could have it back, but if he did they would get a warrant for my arrest.
After not hearing anything for a couple of days, I called on Wednesday to check on my status. He said I could come get my pistol but would have to go to the Sheriff to get the permit.
I did get my pistol, which turned out to be missing two rounds. But when I went to the Sheriff's office, the Chief Deputy said that since I got into a conflict with an officer I was "alarming the public" and I would never get it back.
So now, I've got my pistol and no permit. According to the law in Alabama, that means I can't have a weapon with me in the car meaning basically I can't carry a weapon even though I've broken no laws.
I've retained an attorney to fight the "Good Ol' Boy" law enforcement network around here and get my permit reinstated, and we also hope to get some of the laws changed to be more favorable and clear, but I'm on SSI and far from wealthy. If you would like to help with attorney fees, you can send donations to the address below. Any unused funds will be returned and and monetary damages awarded will be split among those who contribute.
Thanks,
Detour
Contributions can be sent to:
J. Scott Hooper
The Hooper Law Firm, PC
P.O. Box 241493
Montgomery, AL 36124-1493
334-271-1555 Office
334-271-1552 Facsimile
334-868-9643 Cell
jshooper@knology.net
Make certain to note that funds should be applied to Sid Ellis and to include a return address.
