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Courthouse Carry

aadvark

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Since another memberplaced a remark about it, and it appears that member lives in Alabama, then I am curious if He, or anyone else, knows, or has atleast found out if, carrying a Firearm or Weapon into a Court House is legal.

I am not trying to push the issue, I am just simply curious based on my previous thread...
 

kurtmax_0

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I haven't quite figured it out. There is no specific prohibition against carrying in courthouses that I know of.

Most seem to have guards and metal detectors though. I'm also not sure if courthouses get around the preemption since they are county buildings usually, and not owned by an incorporated municipality.

I'm also sure that in a courtroom, a judge could hold you in contempt for having a firearm.
 

aadvark

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Remember, I am not advocating taking aLoaded Firearm into the actual Courtroom, but rather if it would beLegal to carry a Firearm into the commonareas of ingress and egress to and from the building.

Areas such as this would be a Vending Area, Law Library, and other Offices.

I do believe that per Alabama Code 11-80-11, Couties and other Political Subdivisions of The State of Alabama are preempted when it comes to Firearms.

So as long as there is not any public Demonstration within 1000 feet of a Courthouse, then, it should beLawful.
 

Daddyo

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Why don't you give it a try and let us know how it turns out.

I agree it should be legal, but as we all know "should" and "is" in Alabama are quite often two entirely different things.
 

aadvark

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I would rather not give it a try, but... if someone else is willing to..., then,...
 

aadvark

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I am pretty sure that violates The NRS, because The NRS only prohibits concealed Firearms from being in Public Buildings per NRS 202.3673; provided, the carrying of a concealed Firearm under NRS 202.3673(4)(C) and NRS 202.3673(4)(D) is permissable if you are employed at the Courthouse, or if you have permission from the administrator of the Courthouse to carry while there.

Open Carry is seemingly unrestricted inThe State of Nevada, becauseNRS 202.365 through NRS 202.369 only deal withConcealed Carry.

The only Open Carry off limits place that is perse illegal is under NRS 202.265. School-zones, School Buses,Child Day CareCenters, and Nevada Higher Learning Property are all off limits, in accordance with18 U.S.C. 922(q). It does not matter if these places are public or private, as... they are off limits.

There is a close range exemption for The Day Care Centers, Schools K-12, andNevada HigherLearning Property per NRS 202.265(3)(A)(3), provided you have written permission to do so, which written permission specifically allows forone to posses a Firearm or Weapon,... from the Principal or President of the establishment.

Everywhereelse in Nevada, including Courthouses, is Legal toOpen Carry; provided that you are not a Felon, Drunkard, etc..

Because of State-wide Preemption, as underThe NRS, so The Courthouse in question can not circumvent this State Law.
 

AWL

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I posted this in another thread as well but...

In Alabama, many courts have issued orders specifically prohibiting the posession of ANY weapon by private citizens inside the court house. As far as I know, the state code doesn't prevent you from openly carrying inside the court house but because of the court orders you could be held in contemp of court and possibly jailed for bringing in a weapon..
 

SlackwareRobert

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I've been waiting 10+ years to get a ticket so I can challenge it myself.
Will video the cops face when I ask for his warrant before going through
the metal detectors. Without a warrant I will not be searched, and
if they want to deny a court order for me to appear that is their problem.

Till I have that court order to be there, I choose not to go at all.
I want to force the issue so they can't duck it.

On our side, AL SC can actually read better than the fed one.
I am astounded they abide by the state constitution time and again.
Just unanimously ruled that a law passed by the legislature, and signed
by the gov. is actually a real law. Not subject to be ignored if you don't
like it. I think they are the DA's biggest fear, to have them reiterate
that the constitution says only the state legislature can write gun laws.
 

All American Nightmare

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SlackwareRobert wrote:
I've been waiting 10+ years to get a ticket so I can challenge it myself.
Will video the cops face when I ask for his warrant before going through
the metal detectors. Without a warrant I will not be searched, and
if they want to deny a court order for me to appear that is their problem.

Till I have that court order to be there, I choose not to go at all.
I want to force the issue so they can't duck it.

On our side, AL SC can actually read better than the fed one.
I am astounded they abide by the state constitution time and again.
Just unanimously ruled that a law passed by the legislature, and signed
by the gov. is actually a real law. Not subject to be ignored if you don't
like it. I think they are the DA's biggest fear, to have them reiterate
that the constitution says only the state legislature can write gun laws.
It may be legal but be prepared to get a room at the county inn for a few hours
 

acrimsontide

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xdm guy wrote:
It may be legal but be prepared to get a room at the county inn for a few hours




Where you will get 3 squares, a cot, meet new friends, and get more "love" than you could ever want.
 

SlackwareRobert

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I used that defense once. Asked the judge to lock my up, had no job,
no food at home, no where I had to be. Could use the meals and rest.
He threw me out of his courtroom.:D

Yes the natives are a bit more 'friendly' now, but to make them violate a court
order to get to me just opens up phase II. I need to wear the gun in my trial
to show the jury that I am no threat to anyone, and they violated my civil
rights with illegal search to even charge me to begin with.
The biggest decision is bench/jury I know our SC is very literate, so overturning
an illiterate judge would be a no brain'r. But would they go against a jury as quick?
Of course a jury is less likely to want to violate the law up front. I had much
more faith in VA judges, that they wouldn't even let it go that far.

If you choose to go in then you can waive your rights and enter, but I see
no way they can require you to surrender them by fiat without cause.
If they can then there is no such thing as an illegal search, if all they
need to search a suspect is issue a summons for jaywalking and he must
waive his rights because of it.
 

REB

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I know this topic is a little old but I thought I would throw this out there.

In Alabama we have basically two sets of laws, the Code of Alabama and the Alabama Administrative code. State park carry for example is covered in the administrative code.

Admin code for All offices of the Alabama Department of Human Resources



Statutory Authority: Code of Ala. 1975, §§41-22-4(a)(1), 38-2-6.



660-1-1-.01 General Information.



(4) Firearms and other dangerous weapons are prohibited in all county and state offices. All articles brought into any county or state office shall be subject to search. The carrying of dangerous weapons and/or the refusal to permit articles to be searched shall be rounds for denial of access to state and/or county offices. As used herein, the term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing, death or serious bodily injury.

I most of the administrative code I have been able to find the penalty for violating a particular section either in the administrative code itself or in the section of the code of Alabama that authorizes that part of the administrative code. I can not find a penalty for this particular section.

Other parts of the administrative code that restrict our right to carry include the following. There may be others but the administrative code is difficult to search through.

State Parks

Wildlife management areas

Domestic violence shelters

Short term detention facilities

Shelters operated by the OFFICE OF PROSECUTION SERVICES

BEAR CREEK DEVELOPMENT AUTHORITY

Red Mountain Greenway

TANNEHILL HISTORICAL STATE PARK- I don't know why this one is listed separately but it is.

 

Daddyo

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REB wrote:
I know this topic is a little old but I thought I would throw this out there.

In Alabama we have basically two sets of laws, the Code of Alabama and the Alabama Administrative code.  State park carry for example is covered in the administrative code.

Admin code for All offices of the Alabama Department of Human Resources

 

Statutory Authority: Code of Ala. 1975, §§41-22-4(a)(1), 38-2-6.

 

660-1-1-.01 General Information.

 

(4) Firearms and other dangerous weapons are prohibited in all county and state offices. All articles brought into any county or state office shall be subject to search. The carrying of dangerous weapons and/or the refusal to permit articles to be searched shall be rounds for denial of access to state and/or county offices. As used herein, the term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing, death or serious bodily injury.

I most of the administrative code I have been able to find the penalty for violating a particular section either in the administrative code itself or in the section of the code of Alabama that authorizes that part of the administrative code.  I can not find a penalty for this particular section.

Other parts of the administrative code that restrict our right to carry include the following.  There may be others but the administrative code is difficult to search through.

State Parks

Wildlife management areas

Domestic violence shelters

Short term detention facilities

Shelters operated by the OFFICE OF PROSECUTION SERVICES

BEAR CREEK DEVELOPMENT AUTHORITY

Red Mountain Greenway

TANNEHILL HISTORICAL STATE PARK - I don't know why this one is listed separately but it is.

 

No officer, I don't actually have a driver's license. I was going to get one, but then I found out I couldn't go into the DMV because my hands and feet are "animate objects readily capable of causing serious bodily injury."

Also no bottles, belts, pencils, or car keys. As a matter of fact, I get sunburned really easily so we better outlaw bright lights as well.

Not poking fun at you , Reb, just the stupid wording of a useless regulation that truth be told was probably originally intended to apply to state employees only and has now been given the force of law by a complacent public.
 

REB

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I agree completely about the wording of the regulation. Firearms are specifically named.

I originally thought that this may only apply to employees but reading through most of the section that does not appear to be the case.
 

SlackwareRobert

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Originally applying to government employees is probably why there was no
'punishment' for a violation. You can't treat workers like the sheep.:idea:
 

Lightning_SVT

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Some of you may recall here in Scottsboro a few years back,we had a guy go into our Jackson County courthouse and shot someone over a child custody case.Just recently I had to go into the courthouse and I did not notice the small printed sheets of paper located among the hundreads of others cluttering the walls about no sharp objects or weapons allowed in the courthouse.Lucky for me I left the gun in my truck.I get to the top of the stairs and there is a new walk through security device with an officer sitting by it.Im asked to empty pockets.I drop keys and then my pocket knife into the bowl.The officer freaks out telling me I CANNOT have a weapon in the courthouse. I ask If i can just leave it with him and run get the passport papers I was there for and of course no.I was walked out to make sure i put the knife in my car before I was allowed back into the building.I get back upstairs and empty pockets again.Walk through and BEEEEEP. He got the wand and ran it over me....beep....my belt....beep...buttons on my coat.....beep....button on my jeans.I get a pat down and after ALL that( the same officer that made me leave the first time AFTER telling him what I was there for)says" ok....you are clean.But the office you are looking for is downstairs!!! He knew through all that, I needed to be somewhere else in the building and did it anyway. Irony is that I walked right into the sherrifs office just to see what response I got.....nothing.Never asked me a thing.So pretty much we have one level of our courthouse that is secure and the other you could walk in with a shotgun down your pants and nobody would know.Seems odd to me.But the long story is just to say that in Jackson County Al, you cannot carry a gun,knife or anything sharp into the building.Good luck finding the warning on the scattered walls though.One would think the smart thing would be to have that ON THE DOOR entering.:banghead:
 

smttysmth02gt

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Lightning_SVT wrote:
Some of you may recall here in Scottsboro a few years back,we had a guy go into our Jackson County courthouse and shot someone over a child custody case.Just recently I had to go into the courthouse and I did not notice the small printed sheets of paper located among the hundreads of others cluttering the walls about no sharp objects or weapons allowed in the courthouse.Lucky for me I left the gun in my truck.I get to the top of the stairs and there is a new walk through security device with an officer sitting by it.Im asked to empty pockets.I drop keys and then my pocket knife into the bowl.The officer freaks out telling me I CANNOT have a weapon in the courthouse. I ask If i can just leave it with him and run get the passport papers I was there for and of course no.I was walked out to make sure i put the knife in my car before I was allowed back into the building.I get back upstairs and empty pockets again.Walk through and BEEEEEP. He got the wand and ran it over me....beep....my belt....beep...buttons on my coat.....beep....button on my jeans.I get a pat down and after ALL that( the same officer that made me leave the first time AFTER telling him what I was there for)says" ok....you are clean.But the office you are looking for is downstairs!!! He knew through all that, I needed to be somewhere else in the building and did it anyway. Irony is that I walked right into the sherrifs office just to see what response I got.....nothing.Never asked me a thing.So pretty much we have one level of our courthouse that is secure and the other you could walk in with a shotgun down your pants and nobody would know.Seems odd to me.But the long story is just to say that in Jackson County Al, you cannot carry a gun,knife or anything sharp into the building.Good luck finding the warning on the scattered walls though.One would think the smart thing would be to have that ON THE DOOR entering.:banghead:
My mother in law was detained years ago because she had a revolver in her purse she had forgotten about and went into the courthouse. What assholes. She simply forgot and they wouldn't just let her go put it back in her vehicle.
 

RustyFalcon

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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.
 
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