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Thread: Anyone Ever Stopped, Questioned, or Even Arrested for O.C. in Mobile?

  1. #1
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    As per the subject line question.

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    ColMustard wrote:
    As per the subject line question.
    I have not personally, as I choose to carry concealed. However, if you peruse the "OC'ing on a daily basis" thread in this section, there are a few instances where police have been involved with OC'ers.

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    Yes. A young man was arrested in Springhill for carrying an AK slung on his back about three years ago.

    http://opencarry.mywowbb.com/forum59/3611.html

    Unfortunately, al.com is a worthless news site, as they don't bother archiving articles. Here's an archive of the article:

    http://twincitiescarry.com/forum/vie...t=0&view=print

    And so OCDO will retain a copy in its archive:
    Police plan arrest of rifle-toting man
    Tuesday, July 17, 2007
    By RON COLQUITT
    Staff Reporter

    Mobile police said they plan to arrest a man today who scared people Friday evening as he walked through a Spring Hill neighborhood with a loaded, semiautomatic AK-47-style rifle.

    Officers confiscated the rifle Friday but could not take the man into custody until they had a warrant signed by both a magistrate and the man who made the complaint, Mobile police spokesman Officer Eric Gallichant said.

    Gallichant said that on Monday, a magistrate signed a warrant for a charge of disorderly conduct, and officers expected to obtain the signature of one of the witnesses today. Once that is done, the man will be arrested, he said.

    Gallichant said, however, that he would not release the man's name Monday because officers had not yet obtained the second signature needed to activate the warrant.

    While it is not illegal to carry an assault rifle, it is against the law to use the gun to alarm people, Gallichant said.

    "I think it is important that people understand that although he may not be specifically charged with carrying a weapon out in the open like that, just the act of doing so can cause public alarm, which is covered by disorderly conduct," Gallichant said.

    "Carrying one around in that manner in the neighborhood, even though he did not point it at someone, is not to be taken lightly."

    The man who had the gun lives on Oakwood Lane, Gallichant said.

    Jeferey Quinelly, another Spring Hill resident, filed the complaint and most likely will be the person to sign the arrest warrant, Gallichant said.

    Spring Hill resident Sean P. Costello said the man, who is in his early 20s, was spotted by several people about 6 p.m. Friday, walking along Oakwood and Dilston lanes.

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    Remember this quote whenever you doubt the tyranny of Mobile government clowns:

    While it is not illegal to carry an assault rifle, it is against the law to use the gun to alarm people, Gallichant said.

    "I think it is important that people understand that although he may not be specifically charged with carrying a weapon out in the open like that, just the act of doing so can cause public alarm, which is covered by disorderly conduct," Gallichant said.

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    Let me boil this down: "While it is not illegal, just doing it may be against the law."

    I just want to make sure I get this.

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    eye95 wrote:
    Let me boil this down: "While it is not illegal, just doing it may be against the law."

    I just want to make sure I get this.
    Disorderly conduct? For example OC'ing is not illegal, but they can charge you with disorderly...so OC'ing wasn't illegal, but you are still getting arrested.

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    McX wrote:
    public alarm. so do they what? go ding, ding, ding at the sight of your holstered legal firearm?
    I don't know what "ding, ding, ding" means.

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    smttysmth02gt wrote:
    eye95 wrote:
    Let me boil this down: "While it is not illegal, just doing it may be against the law."

    I just want to make sure I get this.
    Disorderly conduct? For example OC'ing is not illegal, but they can charge you with disorderly...so OC'ing wasn't illegal, but you are still getting arrested.
    Oh, I got it. I was being snarky. One could easily use the same logic to say that you won't be put in jail for expressing your opinion. You're being arrested because what you said alarmed someone!

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    eye95 wrote:
    smttysmth02gt wrote:
    eye95 wrote:
    Let me boil this down: "While it is not illegal, just doing it may be against the law."

    I just want to make sure I get this.
    Disorderly conduct? For example OC'ing is not illegal, but they can charge you with disorderly...so OC'ing wasn't illegal, but you are still getting arrested.
    Oh, I got it. I was being snarky. One could easily use the same logic to say that you won't be put in jail for expressing your opinion. You're being arrested because what you said alarmed someone!
    Exactly. It's complete and utter ********. The "disorderly conduct" charge should be stricken from ever law book in the U.S.

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    The idiot cop spokesman is still wrong... and they should still all be prosecuted for it. Disorderly conduct according to Alabama statues requires INTENT!

    So unless they can prove (that's called burden of proof) that the way he was acting demonstrated his intent to alarm everyone, as opposed to just carrying his rifle for whatever legitimate reason he chose, they've got nothing.

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    As for the original question in the thread, I posted a while back in the "OC'ing in Mobile...." thread about my interaction with the MPD.

    But in brief, yes I was disarmed, questioned, threatened with Disorderly Conduct, threatened with losing my pistol permit... I can't remember all the details anymore, I'd have to look in the other thread. Except for my favorite quote from the wonderful Mobile police officer that I'll never forget:

    "Sometimes, you just have to ignore the law."

    Doesn't that just give you a warm fuzzy feeling to hear from a Law. Enforcement. Officer. ...

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    I don't think it was wise to walk down the street with an AK47. While it may not be unlawful, and I have no problem with it, such behavior isn't prudent considering our current political climate.

    However, if I saw someone that I didn't know walking near my home with an AK47 I'd have my .308 tactical rifle at the ready just in case. I think most of you would have a similar response as well.

    Spring Hill is where the monied pillars of Mobile society live in their over sized houses on 1/8th acre lots. Some of these homes sell for $500,000. Anyone that pays that much for a huge house on an 1/8th acre lot isn't right in the head. Right thinking people will purchase several acres of land away from the city with a modest sized home for the same money.

    That said, one could easily anticipate a trophy wife's (or well healed and connected doctor or lawyer) knee jerk reaction and panic at seeing a law abiding man walking down her street with a rifle. After all they don't think, they emote. Money talks, bullsh*t gets his rifle taken and a ride to the pokey.

    I think he would have been better served if he had put the rifle in a guitar case or other suitable case. If he was attempting to provoke a reaction he got it.

    I do hope he's smart enough to fight this and has good representation.

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    Also, a large number of those people are from states like New Jersey and New York, and don't understand that the gun isn't a reason for fear.
    It takes a village to raise an idiot.

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    HungSquirrel wrote:
    Yes. A young man was arrested in Springhill for carrying an AK slung on his back about three years ago.

    http://opencarry.mywowbb.com/forum59/3611.html

    Unfortunately, al.com is a worthless news site, as they don't bother archiving articles. Here's an archive of the article:

    http://twincitiescarry.com/forum/vie...t=0&view=print

    And so OCDO will retain a copy in its archive:
    Police plan arrest of rifle-toting man
    Tuesday, July 17, 2007
    By RON COLQUITT
    Staff Reporter

    Mobile police said they plan to arrest a man today who scared people Friday evening as he walked through a Spring Hill neighborhood with a loaded, semiautomatic AK-47-style rifle.

    Officers confiscated the rifle Friday but could not take the man into custody until they had a warrant signed by both a magistrate and the man who made the complaint, Mobile police spokesman Officer Eric Gallichant said.

    Gallichant said that on Monday, a magistrate signed a warrant for a charge of disorderly conduct, and officers expected to obtain the signature of one of the witnesses today. Once that is done, the man will be arrested, he said.

    Gallichant said, however, that he would not release the man's name Monday because officers had not yet obtained the second signature needed to activate the warrant.

    While it is not illegal to carry an assault rifle, it is against the law to use the gun to alarm people, Gallichant said.

    "I think it is important that people understand that although he may not be specifically charged with carrying a weapon out in the open like that, just the act of doing so can cause public alarm, which is covered by disorderly conduct," Gallichant said.

    "Carrying one around in that manner in the neighborhood, even though he did not point it at someone, is not to be taken lightly."

    The man who had the gun lives on Oakwood Lane, Gallichant said.

    Jeferey Quinelly, another Spring Hill resident, filed the complaint and most likely will be the person to sign the arrest warrant, Gallichant said.

    Spring Hill resident Sean P. Costello said the man, who is in his early 20s, was spotted by several people about 6 p.m. Friday, walking along Oakwood and Dilston lanes.
    this guy graduated the year before i did, i knew him, he was not walking down the road with his AK but was actually sitting on his porch cleaning it and the neighbors called and lied to the cops about it

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    FYI,

    Hey everybody. I can tell you that if you OC anywhere in Mobile other than on your own land, business premesis, or at a gun range, you will get arrested for some offense even if it is just Disorderly Conduct, or Menacing which is municipal offense.

    The Sheriff has made it clear that all guns carried must be TOTALLY concealed in every circumstance, even when in your car you can not place the weapon where it is visible from outside the car. And if you are arrested for OC you can expect your CCW permit to go bye bye.

    I have two experiences with being stopped. I was in Louisiana and ran up on a DUI and anti-drug check point while I was carrying. I handed the officer both my Drivers License and my CCW permit without being asked, he smiled, and told me to have a good day.

    The second time, I got stopped by a AL State Trooper in an unmarked SUV as I passed him on the Causeway after I passed him doing about 70 in a 55 zone. When he walked up to the car I already had my license and my CCW out, I told him my pistol was in the arm rest box. I said I guess I was going a little fast, and he said yeah your right. He asked me where I was going in such a hurry. I felt like a fool, you know the kind of feeling you get when your ears are as big as a *******. I took a deep breath and told him that I was returning from feeding my 80 year old Mother-in-Laws damn cats and that I was trying to get home to fix supper for her, my wife, and my 78 year old father. He smiled and told me to wait for a minute and he would be right back. He came back after running his computer checksand told me that the records check came back negative, and he was going let me off with a warning. I smiled at him and told him I was hoping he would find a reason to haul me off to jail so I could get some rest.Itold the guy the truth, even if it sounded kind of rediculous, even to me.





  18. #18
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    Negative on the getting arrested in Mobile... I OC frequently around West Mobile and very rarely get any kind of response. I have had one encounter with MPD which I have related on here but the cops knew it was legal (even though they gave me a hard time about it) and I was most certainly not arrested.

    The Sheriff's job is to enforce the laws on the books... not make up his own. So if you have conversation with him, by all means let him know what the law actually says!

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    Hey Dixieborn,



    You live in Mobile. I live in Hoover. I'm going down to the beach,(hopefully), this Friday. What are the LEO like is Mobile? Can you email me? TimBrandTheGreat2@myspace.com

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    How can you be arrested for disorderly conduct? Alabama law states that INTENT in required for that charge.

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    RugerP95 wrote:
    How can you be arrested for disorderly conduct? Alabama law states that INTENT in required for that charge.
    The law states intent or the reckless creation of a risk thereof. 13a-11-7.

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    True enough, but a legally armed citizen cannot legitimately be accused of "recklessly creating a risk" of "public inconvenience, annoyance or alarm" simply by exercising his right to go about his business with a weapon securely fastened to his belt.

    What is your point?

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    My point was that the law was misquoted. I agree with you a person legally carrying a firearm would not violate the D.C. law unless he:

    1) Engages in fighting or in violent tumultuous or threatening behavior; or

    (2) Makes unreasonable noise; or

    (3) In a public place uses abusive or obscene language or makes an obscene gesture; or

    (4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or

    (5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or

    (6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse.

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    Fair enough, thanks!

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