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Thread: Im seeing an attorney today

  1. #1
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    Ok....Today im seeing an attorney and was woundering if the owners or the people in charge here would like to be listed as Plaintiffs

    I noticed in a case in another state that a man and the group he is a member of has backed him in his case and are listed on the court papers as the groups name and the mans name as Plaintiffs v. the Sheriff name and the deputy and the county.

    Im posting this in ALFA as well please let me know how you feel about this I will be asking the attorney if this is possible.

    Im also going to see about trying and change some laws here in Alabama

    1. To open carry with out a permit in a vehicle if you are legally able to own a weapon

    2. To make the vehicle an extention of your home.(New Mexico, and other stateshas an extended domain law which effectively makes your vehicle an extention of your home)

    If theres any other law or suggestions please let me know.

  2. #2
    mdgary
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    Detour wrote:
    Ok....Today im seeing an attorney and was woundering if the owners or the people in charge here would like to be listed as Plaintiffs

    I noticed in a case in another state that a man and the group he is a member of has backed him in his case and are listed on the court papers as the groups name and the mans name as Plaintiffs v. the Sheriff name and the deputy and the county.

    Im posting this in ALFA as well please let me know how you feel about this I will be asking the attorney if this is possible.

    Im also going to see about trying and change some laws here in Alabama

    1. To open carry with out a permit in a vehicle if you are legally able to own a weapon

    2. To make the vehicle an extention of your home.(New Mexico, and other stateshas an extended domain law which effectively makes your vehicle an extention of your home)

    If theres any other law or suggestions please let me know.
    Here is the castle doctrine for South Carolina..

    http://www.sled.sc.gov/ProtectionOfP...spx?MenuID=CWP


    PROTECTION OF PERSONS AND PROPERTY ACT

    The stated intent of the legislation is to codify the common law castle doctrine, which recognizes that a person’s home is his castle, and to extend the doctrine to include an occupied vehicle and the person’s place of business. This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle. The bill provides that there is no duty to retreat if (1) the person is in a place where he has a right to be, including the person’s place of business, (2) the person is not engaged in an unlawful activity, and (3) the use of deadly force is necessary to prevent death, great bodily injury, or the commission of a violent crime. A person who lawfully uses deadly force is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known the person is a law enforcement officer.

    H.4301 (R412) was signed by the Governor on June 9, 2006.


  3. #3
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    I'm pretty sure Alabama already has castle doctrine for vehicles.

    It was passed with the 'zomg shoot first' law a few years back.

  4. #4
    mdgary
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    kurtmax_0 wrote:
    I'm pretty sure Alabama already has castle doctrine for vehicles.

    It was passed with the 'zomg shoot first' law a few years back.
    You said that you are pretty sure, Can you be more surer, Got any proof, sites, links. Always helpful to know the facts.

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  6. #6
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    WellI just got back and the attorney said I had a very good case and he sees no problem getting my permit back but it will take now get this 3500.00.... I was like WOW..

    So if I choose this attorney I would need finacial help and I also would want any money donated sent to the attorney and he and she agreed to refund any and all moneys donated back to the person or persons they sent money. They both assured me ifI win my case the judge would order the defendants to pay attorney fees and court cost.. They said they see no problem with me getting my permit back

    I also ask about if I had a case against them on 15-5-30 and or 15-5-31 for them takeing my weapon and keeping it for 3 days they said that would come after the permit case. They saidI need to getmy permitfirst thenI could showI was legal when it was taken. I also talked about the changes of the law as to ocw with out permit in vehicle. Which would come after the other 2 things.

    I am just woundering why couldnt the permit caseand the 2 Alabama codes listed above not be done at same time. Seems like ifI was able to proveI was legalwhan I ocw then the breaking of the codes would be automatic.

    Any thoughts on this guys........So please let me know who wants to donate and ill give the name , address and phone number of the attorney.

    Heres our chance to make a stand and do something now we will see whos in this for real or all talk I will fight for us all I just need a lil help and that help will be paid back. The out come of this will be long lasting if not forever...

    Im also going to talk with the attorney that helped MR. Mathis just to see what he thinks and also how much he will charge and ill ask him about contingency.

    Im guessing since hes had this horse in a race before and I would be more inclined to use him but again its all got to do with the money, distance etc.

    I have the case and the place I just need the money.

    Thanks guys





  7. #7
    mdgary
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    Detour wrote:
    WellI just got back and the attorney said I had a very good case and he sees no problem getting my permit back but it will take now get this 3500.00.... I was like WOW..

    So if I choose this attorney I would need finacial help and I also would want any money donated sent to the attorney and he and she agreed to refund any and all moneys donated back to the person or persons they sent money. They both assured me ifI win my case the judge would order the defendants to pay attorney fees and court cost.. They said they see no problem with me getting my permit back

    I also ask about if I had a case against them on 15-5-30 and or 15-5-31 for them takeing my weapon and keeping it for 3 days they said that would come after the permit case. They saidI need to getmy permitfirst thenI could showI was legal when it was taken. I also talked about the changes of the law as to ocw with out permit in vehicle. Which would come after the other 2 things.

    I am just woundering why couldnt the permit caseand the 2 Alabama codes listed above not be done at same time. Seems like ifI was able to proveI was legalwhan I ocw then the breaking of the codes would be automatic.

    Any thoughts on this guys........So please let me know who wants to donate and ill give the name , address and phone number of the attorney.

    Heres our chance to make a stand and do something now we will see whos in this for real or all talk I will fight for us all I just need a lil help and that help will be paid back. The out come of this will be long lasting if not forever...

    Im also going to talk with the attorney that helped MR. Mathis just to see what he thinks and also how much he will charge and ill ask him about contingency.

    Im guessing since hes had this horse in a race before and I would be more inclined to use him but again its all got to do with the money, distance etc.

    I have the case and the place I just need the money.

    Thanks guys



    I'm sorry, I must have missed something altogether here,please tell me how you lost your permit again or tell me whereI can read about what happened.

  8. #8
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    Detour wrote:
    W
    I am just woundering why couldnt the permit case*and the 2 Alabama codes listed above not be done at same time. Seems like if*I was able to prove*I was legal*whan I ocw then the breaking of the codes would be automatic.

    Any thoughts on this guys........So please let me know who wants to donate and ill give the name , address and phone number of the attorney.
    *
    I'm no lawyer, but I do know legal proceedings are more about strategy and positioning than anything else. Think of it as a chess game where each move sets up the next to ensure your opponent's defeat.

  9. #9
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    mdgary wrote:
    I'm sorry, I must have missed something altogether here,please tell me how you lost your permit again or tell me whereI can read about what happened.
    OK if you go to the Alabama thread then look for the topic (They pulled my permit) and go to page 2. You will see where Mike quoted my post and it tells what happen



    I removed my post because others had said it might be better till I get an attorney but lmike has it quoted and u can see it there

  10. #10
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    Detour, I understand your feelings on refunding any unneeded moneys to those who donate, but you might want to consider just donating any extra to a gun rights organization.

    I suggest this because it may get excedingly difficult to determine how much a person should be refunded in the even you don't recoup all of your attorney fees.

    Make sure you let us know how we can donate for your legal fees. I should be able to spare $10-20. It isn't much, but it is what I can afford at the moment.

  11. #11
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    You should sign up at ChipIn.com... help promote your cause, file the suit and then start promoting it on Fox News!

  12. #12
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    OK.... I have hired an attorney and if you are wanting to help with legal fees please send to

    J. Scott Hooper

    P.O. Box 241493

    Montgomery, Alabama 36124

    Remember if you send a check, please put in the memo (attorney fees for Sid Ellis)

    And when this is over and when we win all attorney fees collected will be returned in full plus interest......

    Thanks

  13. #13
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    WCrawford wrote:
    Detour, I understand your feelings on refunding any unneeded moneys to those who donate.
    Detour

    WCraword there will be no funds not needed. I was saying that any and all funds donated will be returned in full plus intrest when we win.

    The attorney is very sure I will get my attorney fees back and to all that has donated to the attorney fees they will get all there money back with intrest.....Please send any donations.

    You have nothing to loose unlessI loose. I know nothing is guaranteed but I see no way to loose going by the facts and the law. I have alsobeen told this by many members, attorneys, NRA, and other people with just the facts presented. I also know nothing is as simple as it seems butI sure hope this is. I have been told this would be an easy case but here again nothing is guaranteed......I am very happy with Mr. Hooper and the work he has done on this and other cases.
    IfIget any money from the courts on my rights being violated15-5-30 and 15-5-31 codes of alabama. I will split all of it with any of you who donate. Im not in this for the money and dont mind shareing it or all of it with you guys and gals who donate and help me fight this wrong doing. Just remember to put your name, and mailing address on any donations so I can refund the attorney fees and any settelments to those who donate....

    J. Scott Hooper

    P.O. Box 241493

    Montgomery, Alabama 36124

    Ph# 334-271-1555 Office

    Remember if you send a check, please put in the memo (attorney fees for Sid Ellis)

    And when this is over and when we win, all attorney fees collected will be returned in full plus interest and any settelment I get will be divided to all that donated......I am sure we will win this guys

    Thanks


  14. #14
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    ill send out some this week end bud

  15. #15
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    45-ACP wrote:
    ill send out some this week end bud
    Thank you and im glad to see you beside me my brother...

  16. #16
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    Mine will be in the mail Saturday as well.

  17. #17
    mdgary
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    I don't write checks. Is there any other ways to send money ?





  18. #18
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    money orders

  19. #19
    mdgary
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    45-ACP wrote:
    money orders

    Will be done soon!!!Good luck Sid!!

  20. #20
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    Just wondering what the attorney is thinking of using to fight this?

    Have you gone over the details or was he just confident you would win? There isn't much case law on the subject. Hess vs. Butler was pretty much the only case that comes to mind.

    I know your attorney has probably said to not talk much about this. I would suggest, however, that you get some sort of 'press release' or short description of the case to explain to people what they are donating for. We could start a 'clean' thread on the subject here and on alfra, and news post, and send an email to all those signed up at alfra.

  21. #21
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    kurtmax_0 wrote:
    Just wondering what the attorney is thinking of using to fight this?

    Have you gone over the details or was he just confident you would win? There isn't much case law on the subject. Hess vs. Butler was pretty much the only case that comes to mind.

    I know your attorney has probably said to not talk much about this. I would suggest, however, that you get some sort of 'press release' or short description of the case to explain to people what they are donating for. We could start a 'clean' thread on the subject here and on alfra, and news post, and send an email to all those signed up at alfra.
    Well there a few things like 15-5-30 and 15-5-31 code of alabama..... they took my weapon and had it 3 days beforeI got it back.. ( they stole it ) I should have got it back after questioning if after questioning I was legal to have such weapon or arrested but neither happen..... And he had no R.A.S. reasonable articulated suspicion to even question me because the mere fact of haveing a weapon is no crime.

    All the ALFRA members already know what happen and some of them are donateing . What happen is posted in one of Mikes quotes to me after I deleted what happen to me its in the ( they pulled my permit page 2I think.)

    But if you know of this attorney Mr. Hooper he is the attorney that help Mr. Mathis who was arrested for ocw at a walmart and won his case, plus there are plenty of court cases that ALFRA has on there site plus the 2 AG's opinion on the very subject. I am very sureMr. Hooperknows all the cases plus theres others thats in court now one of which Mr. Hooper is working on now for another person for the same thing as mine.

    kurt_max_0 please look at the cases to see where we are going with this and where is or what is Hess vs. ButlerI cant find that case....


    [*]State v Reid (PDF) [*]Morris v State (PDF) [*]Looney v State (PDF) [*]K.J. vs State (PDF) [*]AG Opinion 2007-054 (PDF) [*]AG Opinion 1984-205 (PDF) [*]City of Andalusia vs. Victor Andrew mathis [*]Plus had an agreement to ocw and ccw from the sheriff of my county [*]Plus the D.A. of my county has said he knows the ocw laws and wouldnt charge me. So what else do I need??? I have the backing of the NRA, and many others and different attorneys telling meI have a very good case with the facts and the law being what it is. IfI was wrong why wasntI arrested???? Why give my weapon back and not permit. Why did the LEO question me? If he knew that ocw was legal this wouldnt have happen. There was no reasonable articulated suspicion of a crime.

    So if you would like to donate after getting all the facts that you need feel free to do so.

    I went to file a complaint on the LEO at his department and found out he has resigned butI still filed it anyway.


  22. #22
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    Yes.... checks, money orders, cashier checks...... Just remember to please put in memo what it is for and give a good mailing address for your refund for the attorney fees and a split on any other moneys that I may get if the courts find my rights were violated...

    I will split any extra moneysI get to all that donated and it will be based on how much was donated per person. As I am not in this for the money I do know I could not do anything with out the help of my fellow ocwers and bothers here and thats why I would love to give back to them for something they are helping me get back.

    I am working now on some letters to the Alabama leaders and looking at info on how to presenta change in the law which will start afterI win my case and maybe what ever if any monyes extra we have or get in my casewe can use to change the law. I would like for any of you to please email me or post here any laws or ideas about changeing the law.

    I will post a new thread on this and ask what to part of the gun laws would you like changed

    Thanks again and special Thanks to Daddyo

  23. #23
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    Detour wrote:

    kurt_max_0 please look at the cases to see where we are going with this and where is or what is Hess vs. Butler*I cant find that case....
    http://kurtbogle.com/guns/Permit/379...XIS_2637,_.PDF

  24. #24
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    The check is in the mail.

  25. #25
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    Thanks Kurtmax_0

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