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Thread: Madison County- Huntsville

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    Does anyone have any experience OCing in Madison County/Huntsville? I called their police and sheriff departments and both told me that it was illegal and that I would be arrested. I got the same result calling their county prosecutor's office. No one gave my offered AG opinion a second look. Any advice? I'd hate for them to try an end-run with disorderly conduct charges.

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    Regular Member Jonathon Norris's Avatar
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    Here's my limited experience. Every rural Leo and Sherriff I've spoken to, WITHOUT exception, has told me it's illegal. Every BPD I've spoken with (8-10) grudgingly agknowledge that OC is legal but have said I would still be arrested for nothing. They are WRONG and underhanded for doing this!! I have OC'd in front of at least FIVE Leos in Birmingham and guess what..? Not arrested or hasseled at all!!!!What it will take for the backwater cops to stop this illegal intimidation and pre-OC harassment is someone getting arrested and going to trial, which if you represent yourself, shouldn't be that expensive and should be a pretty straightforward victory. There might even be a monetary settlement involved. This is the route I am about to go, since I am unable to find reliable legal counsel, and I frequently visit my hometown of Jasper, Alabama. Where the most adamant cesspool of Anti-OC bull$#1t I have had the misfortune of hearing spews forth. I have spoken with maybe four or five law offices in Alabama, and while they understand that these good ol' boy sherriffs and PD's are wrong, none have had the heart to stand up with me pro bono. My last option is trying to find/get in contact with the Super lawyer over in Georgia who is kicking @ss and taking names from Atl to Wisconsin.If he can't help, I will be OC'ing alot this coming spring/summer and hope I can beat the case all by myself.I understand there's already a guy somewhere in Bama that has been arrested and had his permit pulled. This is why we need SHALL ISSUE permits and/or Vehicle OC laws so badly!! Let's vote all these criminal sherriffs out of office next election!!!!!!!!! Throw em' under the jail with Langford.

    Ironic thatAlabama is so famous for it's Civil Rights Movement history. And here we are all suffering such violent and flagrant civil right violations. We should be another Civil Rights Movement!!
    A wayfarer should not walk unarmed,
    But have his weapons to hand:
    He knows not when he may need a spear,
    Or what menace meet on the road.

    - Odin
    The Havamal

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    The Attorney at Law is: The Respectable John R. Monroe. He practices at of Roswell, Georgia. His address is 9640 Coleman Road 30075. His telephone is 6783927650.

    Whatever The Madison County Sheriff's Office or City of Huntsville Police Department said to you is dead wrong. When 13A-11-52 and 13A-11-73 conflict, then, 13A-11-73 wins every time because it is the newer State Law, it being a complete revision of the subject matter.

    Furthermore, Open Carry of a Pistol is protected under Alabama Code 1975 11-45-1.1.


    Contact them again, and bring The Alabama Attorney General Opinion 1984-205 and 2007-054, paying attention to Question 5, with you to prove it to them.

    Where a Pistol is not Concealed or in a Vehicle, then, one need not have a Permit to Open Carry an Unlicensed Unconcealed Pistol anywhere in Alabama, provided; that the Person who has the Pistol can Legally have it, i.e. not a Felon nor have any Crime of Violence convictions, and the Pistol isnot to or while at any Public Demonstration as is codified under Alabama Code 13A-11-59.

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    I open carry in the St. Clair, Madison and Morgan county areas everyday and have not had any problems yet, had alot of looks but never been confronted yet.

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    Regular Member Jonathon Norris's Avatar
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    Good job, Cricket! Keep up the good work and let us know about any interesting experiences you might have.If you're around Bham on Jan. 9-10 come up to the BJCC for the gun show and OC with me. I'll have some flyers to hand out too, if you want to help spread the word a bit.

    Carry On!
    A wayfarer should not walk unarmed,
    But have his weapons to hand:
    He knows not when he may need a spear,
    Or what menace meet on the road.

    - Odin
    The Havamal

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    Yeah i was planning on attending that show

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    I might also mention that AL State Representative Barry Mask is planning to introduce legislation in the January 2010 session that will clarify the legality of OC. Please contact him and your local AL House& Senate representatives on this important issue.

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    aadvark wrote:
    The Attorney at Law is: The Respectable John R. Monroe. He practices at of Roswell, Georgia. His address is 9640 Coleman Road 30075. His telephone is 6783927650.

    Whatever The Madison County Sheriff's Office or City of Huntsville Police Department said to you is dead wrong. When 13A-11-52 and 13A-11-73 conflict, then, 13A-11-73 wins every time because it is the newer State Law, it being a complete revision of the subject matter.

    Furthermore, Open Carry of a Pistol is protected under Alabama Code 1975 11-45-1.1.


    Contact them again, and bring The Alabama Attorney General Opinion 1984-205 and 2007-054, paying attention to Question 5, with you to prove it to them.

    Where a Pistol is not Concealed or in a Vehicle, then, one need not have a Permit to Open Carry an Unlicensed Unconcealed Pistol anywhere in Alabama, provided; that the Person who has the Pistol can Legally have it, i.e. not a Felon nor have any Crime of Violence convictions, and the Pistol isnot to or while at any Public Demonstration as is codified under Alabama Code 13A-11-59.
    idk if JRM practices in AL?? heres his profile on here http://opencarry.mywowbb.com/users/2062.html

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    I was just checking out the gun show web site and i came across this paragraph.....just wondering.. any thoughts on this?
    style="font-size: 9pt;""No loose ammo. No alcoholic beverages in show. All guns, including personal guns, must be unloaded while in building. style="font-size: 9pt;"Tie downs required on all guns. style="font-size: 9pt;" All exhibitors must be present during all show hours. Please do not make reservations if you cannot stay until the show closes. No checks accepted at show and money orders only 2 weeks prior to show. Thank You."

    "http://greatsoutherngunshow.com/


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    FFESQLT wrote:
    I called their police and sheriff departments and both told me that it was illegal and that I would be arrested. I got the same result calling their county prosecutor's office. No one gave my offered AG opinion a second look. Any advice?
    Yes - stop asking the police for legal advice.

    Of course they told you open carry can get you arrested - what do you think they are going to tell you - "Yeah dude, carry on!"?

    What an easy way for a police official to get fired especially if you go out and violate the law or shoot somebody.

    Don't ask don't tell is the best police whether carryng openly or concealed.

  11. #11
    Regular Member Jonathon Norris's Avatar
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    Mike, thanks for the input. You must get a little tired of saying that! It's a paradigm shift in the right direction when people stop asking for permission to exercize rights from people in authoritywho have no say in the matter. But it is difficult at first, and disorienting.
    A wayfarer should not walk unarmed,
    But have his weapons to hand:
    He knows not when he may need a spear,
    Or what menace meet on the road.

    - Odin
    The Havamal

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    Mike wrote:
    FFESQLT wrote:
    I called their police and sheriff departments and both told me that it was illegal and that I would be arrested.* I got the same result calling their county prosecutor's office.* No one gave my offered AG opinion a second look.* Any advice?*
    Yes - stop asking the police for legal advice.

    Of course they told you open carry can get you arrested - what do you think they are going to tell you - "Yeah dude, carry on!"?

    What an easy way for a police official to get fired especially if you go out and violate the law or shoot somebody.

    Don't ask don't tell is the best police whether carryng openly or concealed.

    Ahahah.. Police.. Getting fired!!?? That's impossible.

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    I found out about the legality of OC in AL in Julyof this year and started OC-ing a little in Huntsville/Madison County. I have had one LEO encounter where I called their office to report a possible break-in on my street. After the responding officers checked the house, I anda neighbor approached them to ask about the outcome. It was night and, as a courtesy, I let the officers know I had a handgun rather than have them suddenly see it themselves. They didn't say a thing. Below is basic advice that I've gathered from this forum.

    The AL Constitution, State law, AG opinions, and AL case law all agree that OC is legal. Whether or not you get harassed by a law enforcement officer (LEO) depends on the individual officer and the circumstances. From what I've read, they will probably respond more assertively if they receive a 911 "man-with-a-gun" (MWAG) call than if they simply encounter you on the street. The important thing is that you know your rights as a law-abiding citizen and that you remain calm and polite during any LEO encounter. I would also suggest you keep a digital voice recorder or audio/video recorder (like an iPhone) running at all times. Although I wish a dress code didn't matter, it does. So, it will be advantageous to be clean cut and well dressed. This doesn't mean you have to wear a suit, but don't expect to be left alone if you open carry while dressed like a gangster/goth/militant and/or have an unkempt look.

    Finally, please note that concealed carry permits in AL are issued at the sheriff's discretion and are currently required to carry a loaded handgun in the passenger compartment ofa vehicle. So, if you upset your sheriff, you may lose your permit and your ability to easily carry openly while out and about. You might get it back, but only after litigation.

  14. #14
    Regular Member Jonathon Norris's Avatar
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    Aardvark, I tried that telephone number for the Georgia lawyer John R. Monroe and it was disconnected. Really been wanting to get in touch with him to see if he is liscensed to practice in Alabama.

    If anybody has any other phone numbers or email addressesfor Mr. Monroe, please post em or PM me. But in the mean time, I'll just send him a snail mail.

    Thanks
    A wayfarer should not walk unarmed,
    But have his weapons to hand:
    He knows not when he may need a spear,
    Or what menace meet on the road.

    - Odin
    The Havamal

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    Jonathan Norris... try this:

    Call Georgia Carry Excutive Director: John Henry at 4045503753.

    He may be able to help you get in touch with Mr. Monroe.



  16. #16
    Regular Member Jonathon Norris's Avatar
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    I sent Mr. Monroe an email, and he said he is not licensed to practice law in the state of Alabama.

    Hope Rep. Mask getsour message across in the House before "OC season" this spring/summer.

    To all who can attend the BJCC gun show, justopen carryand print off a couple trifold flyers if you can, maybe like 10 or 20. I just go to a UPS store or something similar and get on their computers, google "Alabama open carry tri fold", and print it off in two pages, then back to back the two pages and copy themboth sided that way.But if you've got a good printer/copier that you're savvy with, that's even better.

    I'll be outside the front gates/doors both days at 11am, the shaggy-haired dude wearingthe "The Second Amendment is my gun permit" shirt and OC'ing a Spingfield XDm .40 in a Serpa holster. Hell, I might even bring the AK out if I'm feelin froggy that day. Hope to see you all there.
    A wayfarer should not walk unarmed,
    But have his weapons to hand:
    He knows not when he may need a spear,
    Or what menace meet on the road.

    - Odin
    The Havamal

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