Not exactly. The Alabama Administrative Code is law as authorized by the code of Alabama.Correct me if I am wrong, but The Alabama Administrative Code is not Law.
The Alabama Administrative Code is more like... Policy.
Policies are not Laws, and Law trumps Policy.
No one is above The Law!
That is interesting. Section 12-2-18 of the Code of Alabama gives the supreme court this authority for where they are meeting. I would be interested where they get the authority to regulate security at other court buildings. Section 12-2-30 is fairly broad and could be interpreted to give the supreme court this authority "(8) To take any such other, further or additional action as maybe necessary for the orderly administration of justice within the state, whether or not enumerated in this section or elsewhere.".Was at the courthouse today and examined the door signs that indicated weapons were prohibited in the courthouse. The subscript on the text read "Courthouse Security Order of Alabama Supreme Court".
Reading http://www.judicial.state.al.us/supreme.cfm informs me among other things that "The Supreme Court... has authority to ... issue such orders necessary to carry out its general superintendence over the courts in Alabama." No reference to any part of State Code or Administrative Code is present on the sign.
Not exactly true. Under the state code, the Sheriff of each county is allowed to set reasonable restrictions on where a firearm can be carried. He/She does not 'trump' state code, the Sheriff is specifically authorized under it.Last time I renewed my AL concealed carry permit at the Madison County Courthouse I had some extra time when done. Might do it for this renewal again. Hmmm.
So I took the time to go to the Sheriff's office and ask point blank "Under what authority is it permissible for the guards at the doors of this courthouse to disarm me when I am carry a weapon legally per the Alabama Code?"
Answer. "The Sheriff makes the rules for protecting the courthouse best as he can. The Sheriff does not allow non law enforcement personnel to carry weapons in the courthouse under any circumstance. State law allows him to do this. Are you interested in working with Madison County law enforcement?"
So there you go. In Madison County - the Sheriff trumps the state code.
Not exactly true. Under the state code, the Sheriff of each county is allowed to set reasonable restrictions on where a firearm can be carried. He/She does not 'trump' state code, the Sheriff is specifically authorized under it.
Actually under state code 11-45-1.1 "The entire subject matter of handguns is reserved to the State legislature." All the sheriff can do is issue permits.RustyFalcon wrote:Not exactly true. Under the state code, the Sheriff of each county is allowed to set reasonable restrictions on where a firearm can be carried. He/She does not 'trump' state code, the Sheriff is specifically authorized under it.Last time I renewed my AL concealed carry permit at the Madison County Courthouse I had some extra time when done. Might do it for this renewal again. Hmmm.
So I took the time to go to the Sheriff's office and ask point blank "Under what authority is it permissible for the guards at the doors of this courthouse to disarm me when I am carry a weapon legally per the Alabama Code?"
Answer. "The Sheriff makes the rules for protecting the courthouse best as he can. The Sheriff does not allow non law enforcement personnel to carry weapons in the courthouse under any circumstance. State law allows him to do this. Are you interested in working with Madison County law enforcement?"
So there you go. In Madison County - the Sheriff trumps the state code.
It appears to me that this only gives sheriff's or other incorporated municipalities the power to enforce existing state laws. Am I reading this wrong?