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Pre-empted signs at public parks in Birmingham

Jonathon Sometimes

Regular Member
Joined
Jun 20, 2008
Messages
214
Location
Birmingham, Alabama, USA
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Here's a copy of the email I just sent Mr. Miller with the Birmingham Parks Board, concerning their pre-empted "no firearms" sign at the Birmingham Botanical Gardens, one of my favorite places. I don't know if there are other signs in other parks in Bham, but this should take care of them too.

I like fightin' these little skirmishes in the gaps between large scale battles. Haha.

I'll post any reply I recieve.



Hello Mr. Miller,


I've attached a flyer I commonly hand out about the legality of openly carrying a firearm in the State of Alabama, but the law relavent to the public parks issue is at the very end of it.State Pre-emption. (Alabama Code 11-45-1.1)

This law renders any sign prohibiting handguns on public land, not only impotent, but illegal. Those signs can actually be legally ignored until they come down, as they don't carry the force of law.

Here's a link to the Alabama Code. http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Don't mean to come down hard on you at all, Sir, I know this is probably the first you've heard of it.However, the law is the law, and I appriciate your help on this matter in advance.

Let me knowwhen you hear from the legal dept.

Thanks,
Jonathon Norris
 

Jonathon Sometimes

Regular Member
Joined
Jun 20, 2008
Messages
214
Location
Birmingham, Alabama, USA
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Ok, don't email him... turns out he can't affect any change. The City Attorney has now referred me to the Jefferson County DA.

Will let you know how being ignored by the DA's office turns out. Lol.
 

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
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Seems to be going about like I figured. Let us know if he responds again.

Also, please let us know if the city attorney says anything interesting on the subject. :)
 

Kirbinator

Regular Member
Joined
Jan 22, 2010
Messages
903
Location
Middle of the map, Alabama
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Unfortunately, his only recourse will be to write a letter to the AG under the auspices of his office to ask for a clarification. He's not going to want to do that, because he doesn't feel it's necessary.
 
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