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Thread: Statutes & Implementing Regulations - Alabama Vehicle Carry

  1. #1
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    I'm not a lawyer but I've studied law since 1989 and have litigated in my own person in the federal courts. That said, I have an idea and question about the inconsistency between the Right of Open Carry in Alabama, on foot or bicycle, and the apparent prohibition against carrying openly in a 'vehicle.'

    The key word is 'vehicle.' I don't have the original statute for Alabama but one of you guys that has a little time on his hand might want to find out how the term 'vehicle' is defined in the original statute and implementing regulations for open carry of a firearm. One would necessarily go back to the date of such original legislation to determine the original intent and definitions of that time.

    For example, there are some statutes that regulate the conduct of a driver or operator in a 'vehicle' but the original statute and implementing regulations defined and limited the definition of a 'vehicle,' for the purposes of those statutes, to school buses. However, one would never know this by reading the 'code' and not also researching the original statutes and associated regulations reading for oneself the definitions of objects regulated by law. Rarely do 'code' sections spell out the law. They merely condense it in a conclusive manner, and in most cases the 'code' is internal to government, and does not apply to private American inhabitants absent some commercial nexus.

    It just may be that open carry in a 'vehicle' only applies to certain and specific government vehicles of one sort or another, and not necessarily privately owned automobiles and trucks, not involved in the privileged activity of commerce upon the public highways and byways.

    Has anyone researched this already or should we head to the law library or online resource.

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    Alabama Code states:
    Section 32-1-1.1

    Definitions

    (81) VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or electric personal assistive mobility devices; provided, that for the purposes of this title, a bicycle or a ridden animal shall be deemed a vehicle, except those provisions of this title, which by their very nature can have no application.
    So there is your clear definition of a vehicle. And accept in Title 32, bicycles are exceptions to this definition due to the human power factor.

    Section 13A-11-73

    License to carry pistol in vehicle or concealed on person - Required.

    No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided.
    This says there is no open carry in a vehicle in Alabama. Any firearm carried in your vehicle requires a permit for concealed carry.

    Section 13A-11-74

    License to carry pistol in vehicle or concealed on person - Exceptions.

    The provisions of Section 13A-11-73 shall not apply to marshals, sheriffs, prison and jail wardens and their regularly employed deputies, policemen and other law enforcement officers of any state or political subdivision thereof, or to the members of the army, navy or marine corps of the United States or of the national guard, or to the members of the national guard organized reserves or state guard organizations when on duty or going to or from duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state; provided, that such members are at or are going to or from their places of assembly or target practices, or to officers or employees of the United States duly authorized to carry a pistol, or to any person engaged in manufacturing, repairing or dealing in pistols, or the agent or representative of such person possessing, using, or carrying a pistol in the usual or ordinary course of such business, or to any common carrier, except taxicabs, licensed as a common carrier, or to any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper, from the place of purchase to his home or place of business, or to or from a place of repair or in moving from one place of abode or business to another.
    There are your exceptions...

    I think it is clear. There is no inconsistency. It simply says to carry your weapon period in the vehicle requires a license to conceal carry. It doesn't matter if it is on the seat or under the seat. It must be unloaded and in a "secured" wrapper. So even if it were in the trunk, it would need to be at least, unloaded and secured.

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    You cited the Code of Alabama and not the original statutes passed by the Alabama Legislature and the implementing regulations required to enforce said statute.

    I'm not interested in the 'Code' since the 'Code' is a private, copyrighted work that applies only to the State of Alabama, a political corporation, and not the Free Inhabitants who make their domicile within the geographical confines of Alabama which is wholly separate entity from the corporation known as the State of Alabama.

    If you do not understand the difference then I suggest you go spend some time at the nearest law library or subscribe to an online law research site that will allow you to get up to speed.

    The original statute is all that matters in this inquiring. I'll do the research myself but thought there might be others here with the ability to do it who know the difference between statutes and codes.

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    I thought I had posted to your question before I did in the Alabama forum.

    Why are you so mean?

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    ColMustard wrote:
    You cited the Code of Alabama and not the original statutes passed by the Alabama Legislature and the implementing regulations required to enforce said statute.

    I'm not interested in the 'Code' since the 'Code' is a private, copyrighted work that applies only to the State of Alabama, a political corporation, and not the Free Inhabitants who make their domicile within the geographical confines of Alabama which is wholly separate entity from the corporation known as the State of Alabama.

    If you do not understand the difference then I suggest you go spend some time at the nearest law library or subscribe to an online law research site that will allow you to get up to speed.

    The original statute is all that matters in this inquiring. I'll do the research myself but thought there might be others here with the ability to do it who know the difference between statutes and codes.
    Wow dude, **** off and do that yourself. Don't expect any help from anyone if that is your general attitude.
    illegal ≠ immoral legal ≠ moral
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    simmonsjoe wrote:
    Wow dude, @#$% off and do that yourself. Don't expect any help from anyone if that is your general attitude.
    I'm not here asking for your help. I'm here trying to help you.

    I'm sorry there are some here that got their feelings hurt, have low reading comprehension, or don't understand what I posted. They'll have to get up to speed on their own.

    It's possible there are some people who do understand and might look into it, just as I will, when I am able to get down to the law library. I don't have an online subscription to a legal research website at this time.

    It's the original statutes that matter, not the 'code.'

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