imported post
Ruger .454 wrote:
Good talking with you! I've got a copy of AGO1984-205, but I'm not sure how convincing a 26 year old opinion by a poorly regarded Attorney General is likely to be. My thinking is that a response from either the current sheriff or police chief would be a lot more compelling. As of today (7/24) I've had no response from either, but it's been less than a week since I wrote to them. We'll see.
Visit
www.alabamaopencarry.com and click on the Documents and Tools pulldown, then click on "Court Cases" and read "Looney v State". The Appeals Court referenced a 1956 AG opinion aboutopen carry, (It is on the site too)which the later AGO 1984-205 mirrors. This is not any ordinary AG opinion. It has been quoted in a case decision by the Alabama Courts, giving it the full weight of law. Also, you can go to Google, click on Scholar, and look up ETIII v State (or
www.findlaw.com. )TheAttorney Generals office, under the watch of Jeff Sessions, tried to pass off an expanded reading of 13A-11-52 which would haveexcluded open carry in public places. The Courtquite plainlyshot that nonsensedown. The two of these together offermore than strong evidence that not only is the AGO1984-205still valid, any reading of 13A-11-52 which would interpret it to mean no open carry off your own property invalid as well.
Also remember that none of the cases referenced at
www.alabamaopencarry.comhave been overturned or supersededduring the last 170 years (State v Reid 1840 - present)It was claimed by one person that since the Alabama Constitution has been re-written since 1840 (six times in the states history actually) that State v Reid no longer held. That is untrue.Article 1 Section 23 remains the law in the State of Alabama, and is the law referenced in State v Reid, and the law which all that folows is built upon. As well, during all those changes, not oncewas thestate constitution replaced by something altogether different, as in replacing the Articles of Confederation with the Constitution of the United States in 1787 (IIRC)
You are on good footing friend. That doesn't meanyou won't have to fight forrights, it just means that you are far more in the right than someone who wouldattempt to deny that freedom to you. And with the fullbreadth of the case history in the state, the courts would have a danged hard time backtracking themselves at this late date. Just remember that silliness like "disorderly conduct" cancauseheadaches too.
Here is the Code of Alabama if you don'talready have it...
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
