Etowah County/Gadsden Al

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Yesturday, Friday, July 3rd, 2009, I was approached by a member of law enforcement. Who without any notification, seized my "opened carried" firearm and was going to confiscate it. I showed the Officer my concelled carry permit. In my opinun I think this was an unlawful seizure ad that my Constitutional right were violated.
This weapon was in a holster, it was loaded and had the safety on. I was not brandishing it nor making any indication of that nature, yet I was refered to as "Cowboy" and told this isn't the old west.

Since then I have contacted the Gadsden City Police who flatly told me it was illegal to open carry, that I would be arrested if I did so. I have contacted the City Attorney who has refered me to the County Attoney, which I an presantly awaiting a call back. I have read on here the part about Alabama's Constitution, the opinun of the Alabam Attorney General and it seems they do not matter in Etowah County. I will wait til I here fron the County Attorney before confirming, but initially it looks like open carry is illegal in Alabama. If in fact this is the cast, then can anyone refer me to a good constitutional lawyer, because I strongly feel my rights both the 2nd and the 4th were violated.

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Don't talk about it online. Get an attorney.

After it's all said and done.. then talk about it.

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I am not very familiar with Alabama case law, but you might find the Staff Sgt Mead case in Georgia to be applicable reading.

The wikipedia summary is:
"Zachary Nelson Mead v. Richmond County, GA, Sheriff
In December, 2008, GCO settled its 42 U.S.C. § 1983 (Federal Civil Rights) lawsuit against Richmond County, Georgia, Sheriff Strength. The order declared that the August 1, 2008, seizure, by Deputy Kadum Townsend, of Staff Sergeant Zachary Nelson Mead's openly carried pistol was a violation of the 4th amendment. The court awarded court costs and attorney fees to Staff Sergeant Mead and dismissed the remaining charges with prejudice"

You can read all about it at:
http://www.georgiacarry.com/county/richmond_carry/

It seems from your posting that you were not arrested and the police officer returned your property at the end of your investigatory detention. I am not a lawyer so I am not sure how the facts of your case would change the outcome of a civil rights action. The cases I have read have dealt with property that was seized and never returned or persons who were arrested wrongfully.

It is probably wise to listen to Kurt.

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This bothers me b/c I live in Etowah county. I just recently found out the open carry is legal in AL. Between this and the other guy in Marshall county that got his permit taken and then they refused to give it back, I don't know if I care to risk it. I'd love to be able to OC but what are we to do with these LEOs that either don't know the law or refuse to go by the law? Heck, it'sa prime example of oppression. I should not be nervous about losing my pistol license if IOC. Why isn't there more ofa fight for the right to OC?Most people don't even know it's legal. I'm ont a trouble maker but I feellike shouting it from the mountains.It SHOULD be common knowledge.

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I went to Jimmie Harp, the etawah country district attorney, and right out of his mouth, Alabam is a open carry state. He mentioned that he would also educate the officer that took my weapon. He said he was going to also educate the Sheriff and the police chief. I haven't had any problems since.

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I meant to post earlier on here, just haven't gotten around to it. OC'd in Glencoe and Gadsden (my old home grounds). Went to the falls with all my sisters kids and rode the train. Only one :shock:and some whispers. As far as worrying about getting in trouble, educate yourself on all of the laws you can find. If the cops want to ignore the laws then find more people with your problem, team up w/ an organization like we have here (if you have any?). VCDL and opencarry.org are huge helpers when it comes to opening the public (police's) eyes on things. Bombard your police chiefs with letters and cite the laws in them and where he can find them. Write a letter to your Att. Gen. Even here in VA there are plenty of uneducated cops and sometimes you just gotta be respectful and tell them they're wrong and let em know do what you want, but you'll pay for it later.

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Please read the Topic heading OPEN CARRY OF A UNLICENSED UNCONCEALED PISTOL.

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What happened with this case?