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Thread: Laws of Alabama are subject to the Constitution of Alabama

  1. #1
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    I have read with interest the threads about the laws of our state. Those laws are subject to the Constitution of Alabama. Every person who becomes a peace officer in Alabama must swear to defend the Constitution of Alabama. Those who violate the rights of our citizens by denying them the right to bear arms in defense of themselves and then confiscate those arms do not deserve to be peace officers. They have violated their oaths of office IMO.

    I hope the attorneys of those whose rights have been violated will remember to stress the declarations in the Constitution of Alabama and it's additional protections that are not stated in the US Constitution.

    ################################################## ####

    ALABAMA DECLARATION OF RIGHTS

    (Article I of the 1901 Constitution of Alabama)
    As amended through 1966
    ARTICLE I.
    DECLARATION OF RIGHTS




    Sec. 36 That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate. [emphasis added]


    Sec. 26 That every citizen has a right to bear arms in defense of himself and the state. [emphasis added]


    Sec. 5 That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizure or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation.
    [emphais added]



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    Does "every citizen" apply to my teenagers? I would love for mygirls to carry.



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    potatoheadman wrote:
    Does "every citizen" apply to my teenagers? I would love for mygirls to carry.

    Huh?

    Alabama prohibits firearms ownership for those under 18. This would most likely be considered constitutional by the ALSC. I don't think federal law has minimum age for ownership, but to buy a firearm you need to be 18.

    Pistol permits also don't have any age restrictions. If your sheriff is full of BS and not issuing a pistol permit for 18+ you need to go find an attorney.

  5. #5
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    kurtmax_0 wrote:
    potatoheadman wrote:
    Does "every citizen" apply to my teenagers? I would love for mygirls to carry.

    Huh?

    Alabama prohibits firearms ownership for those under 18. This would most likely be considered constitutional by the ALSC. I don't think federal law has minimum age for ownership, but to buy a firearm you need to be 18.

    Pistol permits also don't have any age restrictions. If your sheriff is full of BS and not issuing a pistol permit for 18+ you need to go find an attorney.
    In mobile AL, you have to be 25 unfortuantly to have a concealed weapons permit, it use to be only 21 , but they up that cause I guess as usual they thought it would miraculously reduce gun violence,lol , it doesn't, it increases, the more anti-gun people and anti gun laws, the more crime, cause criminals just don't care about the laws, they tote there's where every they go. As for us law abiding citizens, we stop when the sign says stop or the man says no. What a sad little world we live in, sad sad sad

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    Like I said: go find a good attorney. It shouldn't actually cost all that much (a few grand tops).

    When I had age restriction problems I went looking for an attorney. Found some that were willing to take the case (pro bono even!), but before anything went down I obtained a permit... so there was no longer a reason to go to court.

    There is no case law specifically relating to age limits on pistol permit issuance, so you aren't 100% guaranteed to win. But there is a pretty good chance since it'd be hard for the Sheriff to establish any sort of valid reason to have higher age requirements than state law.

    Some court cases have made it clear that PP issuance isn't entirely up the Sheriff, as it is in other 'may issue' states. He has to have a specific, and valid reason to believe that you should not own or possess a handgun... There is some desecration beyond this, but it really only pertains to people that have been convicted of some sort of crime.

    There are so AGOs and cases here: http://kurtbogle.com/guns/Permit/

    if you are interested. I don't have my binder that I kept all my documents in with me atm, but I can look through it next week. I don't remember everything exactly as it's been awhile since I worked on it.

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    Might cause other headaches, but if one of the 'children' should happen to get
    a court order to be an emancipated adult, it would give even more credibility
    to the permit application, as they can't argue them being a child.

    Seriously considering letting mine make a weapon for the science fair next year,
    the look on the faces of the judges would be priceless.
    Maybe something along the penetration/velocity differences from different length barrels and loads.


  8. #8
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    awesome Slackware, that would make a great science project, if I may say so myself, but you may need a permit or something of that nature to build what you may want to build.

  9. #9
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    In mobile AL, you have to be 25 unfortuantly to have a concealed weapons permit, it use to be only 21
    Actually, those between 21 and 25 just have more red tape tocut through, but permits can be issued to those 21 and over if the meet the qualifications...Not that I agree with it, I am just posting what is on the Mobile County SO website,locatedhere:

    The Mobile County Sheriff Office Pistol Permit General Guidelines

    1. The applicant must be a legal citizen of the United States of America, a legal citizen of the State of Alabama, and have primary residence in Mobile County for six months.
    2. The applicant must have an Alabama Driver’s License, Alabama Identification Card, or active military identification card.
    3. The applicant must be at least 21 years of age. Applicants under the age of 25 will be required to produce a High School Diploma or GED and two letters of reference (one from the applicant’s current employer with proof of employment). The letters are to indicate the suitability of the applicant in regards to point number four;
    4. The applicant must be a responsible individual of good character, who routinely exercises good judgment.
    5. The applicant must not have been convicted of and/or attempted to commit (as determined by arrests for) any of the following;

      a)A crime of violence (Section 13A-11-72, defined above)
      b) Domestic violence or assault against a spouse of family member.
      c) Convicted of a criminal felony.
      d) More than one misdemeanor arrest within the past three years.
      e) Convicted of any drug charge.
    6. The applicant must not be a drug addict or a habitual drunkard.
    7. Applicants with military service must have received an Honorable discharge.
    8. Applications must truthful Alabama State Code, Title 14 (Section 183) says no person shall give false information or offer false evidence of his identity in order to apply for a pistol license. Such a violation is punishable by imprisonment for not more than five (5) years.

  10. #10
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    That's cool Mississippian, I understand, I forgot the part for people 21-24 probably cause I didn't fit into that category anymore. I don't agree with either. When I got first permit back about 3yrs ago, I was just barely 25, but at the time they hadn't changed the permit rules until the following year. I don't know what there trying to accomplish exactly by doing what there doing, but I do think it's very stupid, Hooah!

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