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Thread: Tallapoosa, Coosa, Talladega, Clay Counties

  1. #1
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    Here is a email I sent to the Alex City PD this morning.



    Chief Rafford,

    I have recently become aware that it is legal to open carry a side arm in The State of Alabama. What I'd like to know is, are there any limitations inthe city or countythat restricts open carry, other than the obvious locations such as schools, government buildings, etc. Though I wouldn't open carry on aevery-daybasis, for the times that I might, especially during the Summer months, it'd be nice to know what's expected from your department.

    Any information and/or advise is welcome.

    And Chief Raffords very quick response:


    Mr. Burns,

    Alabama law does allow for open carryof side arms and City Ordinance's do not prohibit it, however in my opinion obtaining a pistol permit for concealed carry is a better way to go. Carrying in the summer months can be accomplished by not tucking in your shirt and you avoid the attention of openly carrying a side arm. Obviously the choice is yours but obtaining a pistol permit is easy and not expensive. I hope this answers your questions. If not you can give me a call at 329-6743 or on my cell at 397-0344.

    Charlie Rafford

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    I am glad that the chief responded to you. I disagree with his opinion expressed in his reply. But, at least he replied to you, which is more than the Montgomery Police Department Chief did for me.

    All I got from him was the sound of crickets chirping. How respectful of the people he serves to ignore one of them who takes the time to write him!

  3. #3
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    Yes, I've talked with Chief Rafford before about something else, and he is a very nice and responsive fellow; a credit to the City. Unfortunatly, though, a light summer t-shirt cannot easily hide a S&W 40 cal. pistol on your hip. Might as well have no shirt on at all. And I very rarely go around with my shirt's untucked.......yes..........even at Wal*Mart! LOL!

    I have other emails to the Tallapoosa County Sherriffs Dept and Sylacauga PD. I don't find a email address to Coosa County Sherriff, but I'll contact them separatly.

    Dale

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    Mr. Burns:

    You may Openly Carry at Government Buildings with no need for obtaining a Pistol Permit.In fact, all of the following places in Alabama are Legal to Open Carry at [and this includes Long-guns and Weapons]: Airports, Bars, Churches, Entertainment Events,Public Buildings [Argueable this includes Courthouses!], Movie Theaters, Restaurants, Parks,Colleges/Universities, etc. This is due to State-wide Preemption on the subject matter, Alabama Codes 1975 11-45-1.1 and 11-80-11, respectively.

    Remember, Private Property is Private Property. If one tells you to leave, you have to leave, per Alabama Code 1975 13A-7-4, a Violation of which is a Violation. Furthermore, you could, potentially, in this Case, be charged with 13A-11-52 of Alabama Code 1975, which is a Crime that brings $500 and 6 Months in Jail.

    13A-11-52 does begin with the phrase, '...Except as otherwise provided in this Article', and it has been interpreted by The Alabama Court of Appealsthat 13A-11-73 overrides 13A-11-52 with respect to Open Carry on Public Property, under the guise of Preemption Statutes 11-45-1.1 and 11-80-11, as mentioned above. Local Ordinances, hence, if any, are null and void and have no weight in Alabama Courts should said Ordinances pertain to the subject matter of Firearms, especially Pistols, which is reserved exclusively to TheAlabama State Legislature, per11-45-1.1.

    You may Openly Carry aSidearm while at a School, K-12, in Alabama as long as there is no intent to use the same, and you have a Valid Pistol Permit, per Alabama Code 1975 13A-11-72(e).

    You may not, however, carry any Firearm to or while at any Public Demonstration, or within a 1000 feet of such, as is Codified under Alabama State Law 13A-11-59. We can all thank The Civil Right Movement for this Law, which is meant to disenfranchise African-American Persons.

    You may not Carry a Pistol Concealed about your Person without a Pistol Permit from your Local Sheriff's Office, nor may you Carry any Pistol at all [whether Openly or Concealed] in, on, or within your Motor Vehicle without the same Pistol Permit. This is in accordance with Alabama Code 13A-11-73, as overrides 13A-11-52, as discussed above, and this Law brings a year in Jail and a $500 dollar fine. Furthermore, if you break this Law, 13A-11-73, your Pistolmay beforfeit to The State of Alabama, pursuant to Alabama Code 1975 13A-11-84.

    In any event, I am not a Lawyer, however, my facts in this Article are straight out of the Alabama Code 1975 itself. All Codes referenced herein are verifiable under Alabama Law 1975.

    Pistol Permits are 'may-issue' in nature in Alabama, however are 'shall-issue' in practice. Obstensibly, you may get one or you may not, but odds are, if you apply, and are eligible under Alabama Code 1975 13A-11-72, you will get one.

    Respectfully,

    aadvark

    P.S.: Alabama Code 1975 11-45-1.1 governs Pistols exclusively, whereas; Alabama Code 1975 11-80-11 governs all other Firearms, Lawsuits pertaining to Firearms, and Gun Shows.

    P.S.2: Per 11-80-11, Local Governments may apply Zoning Laws, collectSales Taxes on, and restrict Discharge [of Firearms], in addition to State-wide Discharge Regulations under 13A-11-61 and 13A-11-61.1, however; Local Discahrge regulations may not apply to Pistols, since Pistol Discharge is not very Prohibited, less 13A-11-61 and 13A-11-61.1, and Local Governments are completely and totally Preempted under Alabama State Law 11-45-1.1, governing Pistols.

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    Thanks aadvark,

    I pretty much knew all of that, but I appreciate the reinteration.

    What I'm trying to do is feel out the individual departments around here to see what their tone is. If you know what I mean.

    I fully never expect to take my gun inside any school,as I suspect no one else here will either, unless you're crazy. That's the quickest way to being body slammed on the pavement, I don't care what a piece of paper says. Nor do I expect to carry my gun into a court house, as the same thing will happen there, too. Of course, all of them now have metal detectors that'll stop you at the door anyway.

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    No, I just wanted to reinterate Alabama Law, as opposed to your Letter to the Chief that stated less Government Buildings and Schools, because; I thought that you were under the impression that those places were off-limits, when, under Law, they are not.

    I agree that there is a difference between what one 'could' do as opposed to what one 'should' do. With that, Carrying a Pistol into a Courthouse, obstensibly Legal, would not be wise..., yet Legal if done for a meaningful purpose.

    With that, however, Alabama does retain its status as a Pro-Gun State. There are not too many other States, although some, like Idaho and South Dakota, where Carry of a Pistol in a Courhouse is Legal.

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    I love how he encourages a concealed carry permit. "inexpensive"? How about FREE? Sheesh. I don't like having to pay for one at all.

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    Smile Reply from Sylacauga PD yet?

    Quote Originally Posted by stagmie View Post
    Yes, I've talked with Chief Rafford before about something else, and he is a very nice and responsive fellow; a credit to the City. Unfortunatly, though, a light summer t-shirt cannot easily hide a S&W 40 cal. pistol on your hip. Might as well have no shirt on at all. And I very rarely go around with my shirt's untucked.......yes..........even at Wal*Mart! LOL!

    I have other emails to the Tallapoosa County Sherriffs Dept and Sylacauga PD. I don't find a email address to Coosa County Sherriff, but I'll contact them separatly.

    Dale
    Any reply from Sylacauga PD yet?

  9. #9
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    Have you contacted Clay County yet? I'm actually going to be there on Friday for a few hours.
    It takes a village to raise an idiot.

  10. #10
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    Spoke with the Sheriff today. She doesn't like the idea of "it being like Dodge City" but she did acknowledge that open-carry is legal. That comes with the usual caveat that MWAG calls will be "handled".

    Also, Clay County has less than fifteen APOST-certified officers, and I would gather than the entire size of the department is approximately twenty people. And it's a big county, 600+ square miles. The Sheriff does have 23 years of experience in Law Enforcement and generally seems to have a good head on her shoulders. Another caveat is that the building that presently contains the Clay County Sheriff's Department also houses Parole, Corrections, the County Commission and a courtroom. A morgue is nearby on an adjoining property.

    I dropped off one of my entire law packets, and didn't think or realize that I could also drop one on the DA and Police Department while I was there. So contact has been made, and I do not believe they will be openly hostile to open-carriers. They do prefer to know who has firearms, and support licensing. They also assume that every house in the county has a gun in it somewhere.
    It takes a village to raise an idiot.

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