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Thread: I just noticed something interesting examining the DT Marshall Letter from 08

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    I was looking at the old DT Marshall response letter from 08 and noticed something interesting.Since when do theft convictions bar someone from OC or CC. Used to be last time I applied back for my CC Permit in Montgomery in 2009 that the only disqualifers for CC/OC were DV&Felony convictions.Anyone care to sound in on this? Its the first I've heard or seen of this from any sheriff.I'm assuming this involves a conviction on TOP 2nd involving the theft of a firearm. Am I correct?





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    Regular Member Hollowpoint38's Avatar
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    I believe he would be referring to a felony theft conviction. In most cases, a felony is a felony and if you were convicted of stealing a couple Cadillac Escalades, afelony may be on your record which usually stops you from having a weapon.

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    Any person convicted of robbery, burglaryor larceny is prohibited from owning a pistol in the state of Alabama. This only applies to pistols and not long guns.

    Section 13A-11-70
    Definitions.
    For the purposes of this division, the following terms shall have the respective meanings ascribed by this section:

    (1) PISTOL. Any firearm with a barrel less than 12 inches in length.

    (2) CRIME OF VIOLENCE. Any of the following crimes or an attempt to commit any of them, namely, murder, manslaughter, (except manslaughter arising out of the operation of a vehicle), rape, mayhem, assault with intent to rob, assault with intent to ravish, assault with intent to murder, robbery, burglary, kidnapping and larceny.

    (3) PERSON. Such term includes any firm, partnership, association or corporation.



    Section 13A-11-72
    Certain persons forbidden to possess pistol.
    (a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.

    (b) No person who is a drug addict or an habitual drunkard shall own a pistol or have one in his or her possession or under his or her control.

    (c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.

    (d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.

    (e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.

    (f) The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12.

    (g) The term "deadly weapon" as used in this section means a firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury, and such term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.

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    Regular Member Hollowpoint38's Avatar
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    Thanks for bringing up the codes.

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    Here's an AG opinion that discusses theft of property, third degree, and pistols:

    http://www.ago.alabama.gov/oldopinions/9300083.pdf





    and a couple more discussing larceny as a crime of violence:

    http://www.ago.alabama.gov/pdfopinions/2002-105.pdf

    http://www.ago.alabama.gov/oldopinions/8200141.pdf



     


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    LOL my favorite part of that law is the part where is says you cannot take a stiletto into a school with intent to do bodily harm

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