Nowhere have I been able to find that the Sheriff can revoke a permit for any reason. There have to be specific facts
involved in each case that causes the Sheriff to believe a person should not own or possess
For Detour, the Sheriff has said to carry a pistol.. but just not in a car or concealed.
Hess vs Butler
[...]we are unable to say that the respondent abused his discretion or that the refusal to grant petitioner a license to carry a pistol was arbitrary or capricious in light of the undisputed evidence that the petitioner has been repeatedly convicted of violating the criminal laws of this state.
While the negative of this isn't established precedent (that is, it is arbitrary and capricious in the absence of any convictions), it's a pretty good chance it is.
In fact I can't find any cases where a permits was denied that didn't involve an actual crime committed.
In addition, a Sheriff must have specific facts
in each case. Not just a whim:
The question of whether a person is a suitable person to be licensed to carry a pistol is a factual determination to be made considering the facts in each case
It's also pretty obvious that a Sheriff cannot refuse to issue permits at all
The Legislature intended that the sheriffs of the counties issue pistol permits in appropriate cases.
In addition, the sheriff may refuse to issue a permit for two reasons:
- a person is not qualified to carry a pistol
- the sheriff may use his sound judgment
to refuse to issue [...] if there are circumstances causing the sheriff to believe reasonably
that the person should not possess or own
In the first case, qualified in a legal sense means a specific set of conditions that must be met. For example, XYZ certification or training, criminal records, etc. If the sheriff is issuing permits to other people that have the same qualifications as Detour, than this does not apply to Detour.
In the second case it explicitly states reason to believe the person should not posses or own a pistol.... not carry. If the sheriff believed he should not possess or own a pistol, he would not have returned the pistol to him and had his deputies make it clear that he can carry the pistol unconcealed, but not in his vehicle.
Additionally, if the Sheriff were to find 'facts' in this case (which would be necessary if taken to court), I'm not sure if the reason for revoking the permit was OC it would fly. OC is constitutionally protected
of course, and the Supreme Court of Alabama actually considers it to be a defensive
method of carry.. as opposed to CC.
This whole thing stinks of official 'bullying' and trying to prevent a legal act through abuse of power.