Letter to Police Chief in Dothan

Dianosis · Feb 16, 2009

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Sent the following email letter to Dothan Police Chief John Powell:

Chief Powell, and the Dothan Police Department,

My name is Jason Jones. I am a long time resident of the wiregrass, and spend a lot of time in Dothan for various reasons. I have a few concerns I would like to discuss with you involving the peaceable and legal carry of firearms for self-defense in this city, particularly the standard police procedure involving a citizen who is openly carrying a firearm.

As I am sure you know, the “Code of Alabama 1975” http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm does not expressly prohibit the peaceable open carry of firearms in public. Without such a prohibition, carrying in such a manner, with or without a permit, is legal. I understand that if you were to enter a vehicle, you would need a concealed pistol license, but a citizen on foot in the state of Alabama may legally carry a handgun openly, unless expressly prohibited by certain establishments, or upon entering an establishment, the citizen is asked to disarm or leave. This is my, and my attorney’s, understanding of this issue in this State.

There also exists an Alabama Attorney General’s opinion issued by Attorney General Graddick in 1984 (viewable at http://www.ago.state.al.us/oldopinions/8400205.pdf which confirms that Alabama law does not prohibit openly carrying firearms in a peaceable manner.

While I am personally a concealed pistol license holder, for personal reasons, I have sometimes found it necessary to carry my pistol openly. These reasons may include a range of things from comfort to convenience. I’m sure you understand how it could be uncomfortable to tryto conceal a 2 pound pistol in the middle of July in Alabama. Unfortunately, it has come to my attention (through personal experience as well as research) that in the past, police have not responded well to citizens peaceably carrying firearms in plain view in this great state. Often there is a gross overreaction by police officers, which ultimately may lead to an unlawful arrest. It is my hope that the Dothan Police Department does not handle such a situation in this manner. While I fully understand the need to check out anyone with a gun in public, if the person is behaving in a peaceful and otherwise lawful manner, there is no need for police officers to escalate the situation.

While you, or any of the officers on the police force in Dothan may have your own opinions about open carry, I am simply inquiring as to the department’s official stance on this issue, and how any calls may be handled.

I intend to post our correspondence on an online discussion forum known as Open Carry dot Org http://www.opencarry.org I hope that you will take some time to look over this website if this issue interests you. Posts made by any other users using any other users on this site may not necessarily share in my views or opinions about anything.

I have also attached a very informative pdf file on the law and open carrying in Alabama, I hope you find this information as informative as I did.

I am truly thankful for your time, and look forward to hearing from you as soon as possible. I would also be happy to meet with you in person to further discuss this issue. You may reach me at the return email address in this message.

Sincerely,

Jason Jones

Hopefully we'll get a favorable responce! I'll post any replys here.

Daddyo · Feb 16, 2009

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Well put. I hope you hear back from them.

SlackwareRobert · Feb 16, 2009

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That explains the black helicopters flying over my house, guess they are comming for you now.

Although I wouldn't have let him know about the posting of letter, and reply. You
might not get as strieght forward an answer since he knows it will go out to the masses.

I prefer the honest b*ll Sh*t response to the run through the lawyer gibberish.
At least an uninformed load of bull gives you somewhere to start, gibberish
gives you nothing to work with.

Only 25 more days till we can breath safely again. Go gridlock go!!!!
I may start cooking my brass so it will qualify as tax exempt food.
I'll call it "Prison Break Suprise" Mmmm minerals.

kurtmax_0 · Feb 16, 2009

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You do know that the only response you will get is something like:

"The Dothan Police Dpt. follows all rules and procedures"

Mr.Advocate · Feb 17, 2009

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kurtmax_0 wrote:

You do know that the only response you will get is something like:

"The Dothan Police Dpt. follows all rules and procedures"

thats goodoptomistic thinking there Mr.kurtmax, that's the kinda response I hope he gets to.

cvickers · Feb 23, 2009

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I live in Florida but I grew up in LA. I have just returned from a short visit in the Wiregrass area. I have spoken with a Retired Judge(currently a District Attorney)and a Municipal Police Chief in the area and both have told me that open carry is legal in ALA. It took me a few days to get enough gumption to test it but I finally did. I went to a gas station and bought some gas. I saw a circle with a line throughit on the station door so I covered my gun until I got to the door. It was not a sign forbidding weapons but rather one warning of propane tanks being filled and forbidding smoking. I uncovered my gun and walked on in. I don't know know if no one noticed or they didn't care but I completed by business withno comments or confrontations. Then I went to an IGA grocery store. Again after making sure weapons were not forbidden, I uncovered my weapon and walked into the store. I made small talk with some of the people in the store and at the register when I checked out. Again, I don't know if they didn't notice or they don't care but I made my second 'get-away' with out any comments or confrontations.

edited for spelling.

Dianosis · Feb 23, 2009

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Mind if I ask which Chief said it was legal?

A couple days after sending this to the Dothan Chief I sent the same letter to the Enterprise Chief. To date, no response from either.

On Feb 17th, I spoke to a Coffee County Sheriff, Deputy Driggers. I asked him what thier official stance was on Open Carrying. He said he "thought" open carry was illegal but wasn't sure because he is mainly on court house duty and is rarely ever at the actual station. And quote, "I'm not sure how they run things down there" He did say he could be wrong.

I honestly think he really wasn't sure, but man it'd be nice if they actually went over these things with leo's, and gave them the correct info.

kurtmax_0 · Feb 23, 2009

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There is no signage law in Alabama. Go ahead an carry even if it's posted.

I've never seen any place posted though...

SFCRetired · Feb 23, 2009

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SlackwareRobert · Feb 24, 2009

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The only place I ever see the sign is at the emergency entrance to the hospital.
Then you go inside and there are signs that they can't refuse treatment.

It would be interesting to see how they can keep you out, when it is
federal law they must provide treatment. I guess that is why they try and stop
you before the signs that say they have to let you in.

But you can always use a different entrance, never seen it on the loading dock entrances.:uhoh:
Guess they feel safe since truckers can't carry either.

Mississippian · Feb 24, 2009

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truckers can't carry either.

Where do you get that from?

Read: § 13A-11-74

Common carrier = trucker.

Daddyo · Feb 24, 2009

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SlackwareRobert wrote:

The only place I ever see the sign is at the emergency entrance to the hospital.

I took my daughter to Children's ER in Birmingham a couple of months ago. I don't recall a sign, but there was a metal detector and a cop behind a desk just inside. I had left my weapon in the car to avoid controversy, but I wonder if the cop would hold my gun for me while I conducted my business?

Particularly in downtown Birmingham, late at night, you need a gun to get to the hospital safely so I think the least they could do is provide a "gun check" at the door.

acrimsontide · Feb 24, 2009

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Daddyo wrote:

SlackwareRobert wrote:

The only place I ever see the sign is at the emergency entrance to the hospital.

Click to expand...

I took my daughter to Children's ER in Birmingham a couple of months ago. I don't recall a sign, but there was a metal detector and a cop behind a desk just inside. I had left my weapon in the car to avoid controversy, but I wonder if the cop would hold my gun for me while I conducted my business?

Particularly in downtown Birmingham, late at night, you need a gun to get to the hospital safely so I think the least they could do is provide a "gun check" at the door.

I can't speak for Birmingham ERs but the Huntsville ER will not hold a firearm for you. They will hold small pocketknives, but they will make you take your firearm back to your vehicle. I have often wondered what they would do if a patient arrived by ambulance with a legally carried firearm. Hopefully they would have some means to secure the weapon in that circumstance, but I don't know.

Daddyo · Feb 24, 2009

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acrimsontide wrote:
I can't speak for Birmingham ERs but the Huntsville ER will not hold a firearm for you. They will hold small pocketknives, but they will make you take your firearm back to your vehicle. I have often wondered what they would do if a patient arrived by ambulance with a legally carried firearm. Hopefully they would have some means to secure the weapon in that circumstance, but I don't know.
[/quote]

I'm sure that's the situation at Children's as well, only you can't take it back to your car because it has already been whisked away by the valet by the time you get inside. I had always been told ambulances won't treat you unless you disarm.

Sorry for the hijack...we now return you to your regularly scheduled thread topic...

bloccrule · Mar 10, 2009

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ok. i am not sure i understand this open carry law. so if someone could help me out. i live in dothan,al. what i think it means is u can carry a gun but it has to be holster. maybe i'm wrong.i mean u cannot just walk around with it in your hand,right? as long as it is in plain sight and is not in your hand it is ok. maybe someone can clear this up for me. i own a gun but did not know i could carry it openly. things in dothan r bad. i stay off of south alice st. and it is getting worst over here on this side of town. u hear gun shots at night. i told my wife that it is just a matter of time before someone in this area gets robbed at gun point in there own driveway.i have got to the point where i go out side first with my gun check things out before leaveing in my car. i do not have a permit to carry so leave it at home. but the store i go to alot to get stuff is in walking distance so if i could carry i would. thank you for any ones help.

bloccrule · Mar 10, 2009

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hello,i just found this topic about mobile. sorry for the hijack but did not feel like typing all of what he just said.. . ."

Hey Mr. Advocate here, I would just like to start off by saying thanks to everyone in the future visiting my posted topic.

I need the help of everyone here in mobile that would like to participate in meeting dates and times to get together for OC'ing days, so we can inform our local community here in mobile the legal citizens of the state of Al. does in fact have the right to open carry.

We can start off with sending a letter to the Sheriff and the Chief of Police requesting there help in educating the local LEO's of our right to OC, so that way we won't be questioned as much about what we are doing and that way we are also cooperating with authority's in a respectful manner and it will help things run a lot smoother altogether. The more the residents of mobile city and county see OC'ers the more normal and relaxed everyone will feel. We will need flyers to pass out to everyone interested explaining when they can OC,Where they can OC, and the need for the CCW permit for when your transporting your firearm. I think if we do this in a group effort, citizens won't be alarmed by it for starters, and that maybe we can we might not be harassed by people calling LEO's or LEO's themselves pulling our permits.

Remember if you don't exercise your rights, you lose them, so lets make this happen asap and start getting the ball rolling on this great right we have here in the state of Alabama. Thanks again everyone. so my piont is why don't we start something like this for the dothan area which could include enterprise,daleville,ozark,ashford,. just all the surrounding areas. have meetings here in dothan or other places cook outs. just a thought to help the people know there rights. i think it is a great idea!

BB62 · Mar 11, 2009

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blocrule,

A couple of suggestions for you...

Please use size 2 for the text (in the upper left corner above the box you type in,and please discontinue the use of bold text (except for emphasis).

It makes things tough to read for us old-timers!

Thanks, young whippersnapper!

Dianosis · Mar 11, 2009

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I think a cookout or litter pickup would be good. Maybe start with the later, it would be good for the community and cast open carriers in a positive light. I'd like to find out more about carrying at a public park before having a cookout at one.

But whatever we can put together I'm in.

As to your previous post. My suggestion would be to first get your concealed permit. Second, I don't recommend walking down the street with it in your hand, legal or not. I guarantee you'll get a different responce from people than you do if it's in a holster. So far it's been my experience wearing mine holstered on my hip, people barely notice and the ones that do have never made an issue out of it.Ipersonally don't open carry to say "hey look at me I've got a gun". I don't act any differently,it's just like my wallet or watch, it's a tool.I do it because it's my right to do so,also fordefense from lunitics like the guy yesterday.

bigo5552000 · Apr 15, 2009

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Dianosis wrote:

Sent the following email letter to Dothan Police Chief John Powell:

Chief Powell, and the Dothan Police Department,

My name is Jason Jones. I am a long time resident of the wiregrass, and spend a lot of time in Dothan for various reasons. I have a few concerns I would like to discuss with you involving the peaceable and legal carry of firearms for self-defense in this city, particularly the standard police procedure involving a citizen who is openly carrying a firearm.

As I am sure you know, the “Code of Alabama 1975” http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm does not expressly prohibit the peaceable open carry of firearms in public. Without such a prohibition, carrying in such a manner, with or without a permit, is legal. I understand that if you were to enter a vehicle, you would need a concealed pistol license, but a citizen on foot in the state of Alabama may legally carry a handgun openly, unless expressly prohibited by certain establishments, or upon entering an establishment, the citizen is asked to disarm or leave. This is my, and my attorney’s, understanding of this issue in this State.

There also exists an Alabama Attorney General’s opinion issued by Attorney General Graddick in 1984 (viewable at http://www.ago.state.al.us/oldopinions/8400205.pdf which confirms that Alabama law does not prohibit openly carrying firearms in a peaceable manner.

While I am personally a concealed pistol license holder, for personal reasons, I have sometimes found it necessary to carry my pistol openly. These reasons may include a range of things from comfort to convenience. I’m sure you understand how it could be uncomfortable to tryto conceal a 2 pound pistol in the middle of July in Alabama. Unfortunately, it has come to my attention (through personal experience as well as research) that in the past, police have not responded well to citizens peaceably carrying firearms in plain view in this great state. Often there is a gross overreaction by police officers, which ultimately may lead to an unlawful arrest. It is my hope that the Dothan Police Department does not handle such a situation in this manner. While I fully understand the need to check out anyone with a gun in public, if the person is behaving in a peaceful and otherwise lawful manner, there is no need for police officers to escalate the situation.

While you, or any of the officers on the police force in Dothan may have your own opinions about open carry, I am simply inquiring as to the department’s official stance on this issue, and how any calls may be handled.

I intend to post our correspondence on an online discussion forum known as Open Carry dot Org http://www.opencarry.org I hope that you will take some time to look over this website if this issue interests you. Posts made by any other users using any other users on this site may not necessarily share in my views or opinions about anything.

I have also attached a very informative pdf file on the law and open carrying in Alabama, I hope you find this information as informative as I did.

I am truly thankful for your time, and look forward to hearing from you as soon as possible. I would also be happy to meet with you in person to further discuss this issue. You may reach me at the return email address in this message.

Sincerely,

Jason Jones

Hopefully we'll get a favorable responce! I'll post any replys here.

So have you had any response? i wrote a similar letter to the DA in Huntsville a week ago and no response.. :?

Dianosis · Apr 16, 2009

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Nope as expected, no response. I also sent the same letter to the Chief in Enterprise around the same time. No response or even a read receipt of the email from either.

To date the only response from anyone in Governmentwas from Representative Marc Keahey, and the sad part about it is he isn't even the Representative from my area.

You can view the letter I sent him here:

http://opencarry.mywowbb.com/forum59/23925.html

Letter to Police Chief in Dothan

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