Help in Dekalb CO.

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not to long ago i went into my local law enforcement and asked about open carry...well to NOOO supprise they claimed it to be unlawful slash illegal ....which confusses me stilll ....because I by no meens trust cops. but also do not trust what i find upon the internet ,am left here wondering who is right and who is wrong....please help give me the pleasure of going back to the authoritis and telling them they are nothing more than communistic militaristic police state tyrants infringing upon the rights of my fellow AMERICANS...ill likely never go there and do that but. by GOD if i have the knowlege then i have the firepowe to do so . if need be ill make a video and post it ...well just see what happens next OVER!!!!

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Hi there - I'm from North Carolina, but I lived in DeKalb County for a year ending this past October. I don't know what the laws are there, so sorry I can't help you. Just wanted to say "hi" more than anything else.

What I will say is that I can't imagine many folks up my old way on the northern end of Sand Mountain (Ider, Henagar, Sylvania, Dutton, Rosalie, etc.) calling 9-1-1 to report you open-carrying. You are blessed to live in one of the most untouched conservative areas of the country (god you should see what the liberal yankee carpetbaggers have done to much of my state here). Unless you live in Fort Payne, in which case, can you say "VIVA MEXICO!"? lol

Anyhow...if the LEO's have a problem with it, then it's another classic case of cops vs. citizens.

Hope someone else here knows more about Ala. law than I do.

Stay Southern!

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Well, if you don't trust cops, and you don't trust the internet, maybe you should go talk to a lawyer. If you don't trust lawyers either then I'm not sure we can help you.

In all seriousness, if you already have a lawyer you should ask him for legal advice regarding any planned action with possible legal consequences, including OC. To make his job easier, you might want to bring along this: http://alabamagunrights.org/wp-content/uploads/2008/02/tri-fold.pdf It is a summary of relevant statutes and case law regarding open carry in Alabama. If you don't have a lawyer, you should try to find one. You really don't want to be getting to know a lawyer after you get arrested, first impressions being what they are.

Welcome to the forums! Hope you stick around.

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Well, your local LEOs are horribly misinformed. Unfortunately, a LEO who thinks that OC is illegal can make your life miserable. So, in-your-face OCing is not advisable.

I recommend that you call your county sheriff and local police chief, asking them whether they think OC is legal. If they know that it is, then ask them to make sure that their deputies and officers are properly informed.

If they don't, you have a problem. You can try to educate them. There is the letter from Sheriff Marshall in Montgomery that you can print off and give to them. You can ask them to call the city attorney. If he researches the issue, he will have no choice but to inform them that OC is legal. You can give them copies of the trifold, found here: http://alabamagunrights.org/wp-content/uploads/2008/02/tri-fold.pdf

You sound like you may be unsure that OC is legal. Check out the "This law seems to prohibit a lot of OC" thread. I was pretty sure that folks here were wrong when I arrived. After a while, some folks (who were willing to walk through the process) were able to convince me that the -52 sections does not prohibit OC. (What did it for me was a court ruling making it clear that -52 is restricting CC and not OC.)

Anyway, good luck. We need pioneers helping LE accept the law as it is, not as they want it to be.

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eye95 wrote:

Well, your local LEOs are horribly misinformed. Unfortunately, a LEO who thinks that OC is illegal can make your life miserable. So, in-your-face OCing is not advisable.

I recommend that you call your county sheriff and local police chief, asking them whether they think OC is legal. If they know that it is, then ask them to make sure that their deputies and officers are properly informed.

If they don't, you have a problem. You can try to educate them. There is the letter from Sheriff Marshall in Montgomery that you can print off and give to them. You can ask them to call the city attorney. If he researches the issue, he will have no choice but to inform them that OC is legal. You can give them copies of the trifold, found here: http://alabamagunrights.org/wp-content/uploads/2008/02/tri-fold.pdf

You sound like you may be unsure that OC is legal. Check out the "This law seems to prohibit a lot of OC" thread. I was pretty sure that folks here were wrong when I arrived. After a while, some folks (who were willing to walk through the process) were able to convince me that the -52 sections does not prohibit OC. (What did it for me was a court ruling making it clear that -52 is restricting CC and not OC.)

Anyway, good luck. We need pioneers helping LE accept the law as it is, not as they want it to be.

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Just to add to what Eye95 said above, the ruling in the KJ v. AL case stated that the -73 section addressed the same issue as -52 and was a complete re-write of the subject matter. Therefore being the later statute it is the law. The -73 section statesthat a permit is required for CC and makes not mention of OC. This is also explained on the tri-fold.

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Fort Payne and Company think, key word: think, that they are above Alabama Codes 1975 11-45-1.1 and 11-80-11, but, they are not.

State-wide Preemption preempts DeKalb County.

I was told this to (by a Fort Payne Police Officer), but you have to ignore them, because; they think that they are above Alabama Law.

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it is a shame you cant help me but not neer the shame of tradeing good ol Dekalb for cali....lol...well also HI back at ya and try to be southern out yonder..take care and be good

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Whoa whoa whoa buddy...I said "North CAROLINA", not "northern California". I'd rather die than move to a place like California. NORTH CAROLINA is a Southern state, former Confederate state, we sent more men and supplies to the battlefields in the War of Northern Aggression than any other Southern state.

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just wanted to say ...that i agee totally with you all on the laws talking about restrictions on CC...the first actual question to myself was that nothing here states that OC is illegal and we all know the law is in how you interpet it and truth is what you make it ...and this is only based on the paper the sheriffs department hands you when you get a CC permit...granted im sure there are many other laws i have yet to of gone through....but luckily i know a lawyer(friend of the family) and i intend to help him brush up on his experience with firearms laws. maybe even learn a thing or two myself...Thank you all so much for the help and links....i intend to contact with with our Jimmy Harris and work on getting word out....OPEN CARRY AMERICA!!!

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i am soo sorry i got to playing around with my daughter while i was wrighting that and completely forgot where you said you was from......i should be whipped..lol

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yes i know where your comeing from on them thinking they know it all.....i actually have a friend whose a parolle officer there in town and he even says bamas not OC ...just OC friendly(can carry on my property only openly) i think there just brainwashed into only informing the public of laws they want to enforce or easily bring up charges upon the public for while looking like a badass infront of their peers...but really how bad ass are you when it takes you and 6 other guys with tasers, mase ,nightsticks,and flashlights to excessivly beat you put coffs on ya and then maybe throw in a few more punches...hell who wouldnt resist that ???....WOW i got way off topic there ..lol...my bad

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Maybe we're a bit off-topic here, but you're exactly right. I like you - you're the kind of guy that makes me miss SWEET HOME ALABAMA! It's about time someone says what we're all thinking about those cops. It takes a lot of courage and balls - more than I've got - to stand up to an armed cop who's telling you what the law says, and tell him he's WRONG and needs to take his boot off your rights. We've all been trained to just trust and obey the cops - to take what they say about the law as being correct, and to simply do as they say ... and if we don't, they have the power to really mess our lives up.

I'm not anti-cop, but I am anti-BAD-cop. I appreciate what law enforcement officers do; if we didn't have them, a lot of places in this country would descend into abject chaos with looting and everything you see after a major natural disaster like Hurricane Katrina. Cops go into bad neighborhoods and lay their lives on the line every day to round up murderers and drug dealers and other bad guys, and I appreciate that, I truly do. But what I don't appreciate is when the cops start coming after generally good and decent citizens who AREN'T murderers and drug dealers, who have no criminal records, who go to church and pay their taxes and never do anything worse than maybe driving 5 MPH over the speed limit. I hate how some cops will often make their mind up about you before they've even heard a word out of your mouth, and from then on it's "guilty until proven innocent" in their eyes. Especially if you're young, or male, or have long hair, or don't have your shirt tucked in. It just really bothers me. I've got no criminal record, I've never hit anyone or shoplifted or littered or even spit on the ground off my own property, I go to church 3 times a week and play the organ there, I've never done drugs, I'm a proud American, I've never taken a dime of welfare or unemployment or other government money, and I'm just generally a good man. But because I'm young (21), a lot of cops automatically look at me as being a "punk kid" and treat me worse than they'd treat a middle-aged or elderly citizen, even though I've done nothing wrong, and that really burns my burger. I'm an adult too, I pay their salaries with my tax dollars too, and I'm sick of cops who act as though they're better than the citizens they're supposed to be servants for.

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i to am not completely anti cop...but if you want safe neighborhoods then the neighborhoods should be armed....you cant tell me that anyone of sane mind wouldnt think twice of commiting a crime of anykind with an entire neighborhood armed. and for those of unsound mind well they wont likely get past the second triggger pull...my belief on cops hateing or descriminateing on those of us who carry is that with a society that can and will protect itself just puts them our of work....more armed (responsible) citizens and less cops equals millions saved on local budgets and a more productive town or city cooperateing together and in a positive manner......besides i see to many cops who seem to have forgotten that there are two parts to the oath written on their badges and sides of their cars and its always the first part ...."to serve".....anyhow back to subject intended by this web sight ....OC in AL...anyhow i look forward to talking with you and if you would like ill give it my best to keep you informed on what i find out about OC

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Hey American1981, put your town in your profile so we'll know if you're close enough for a Starbucks Sunday. Birmingham and now Montgomery have them.

It'sa great way to get introduced to OC off the boards in a comfortable, low key setting.

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just updated my profile for ya mr norris....is this starbucks meet going to be tomorrow????.....im not sure if its still consideredopen carry if the owner allows itupon their property makeing italso property you co control....but on the other hand it is in a public area..i definately hard for me to come birmingham is about an hour and a half drive for me and my schedule is 2nd shift soo getting up early is hard for me...but please notify me a time place and if possible an address for my gps ...and ill do what i can

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Yeah, we're meeting up tomorrow at High Noon. If you wanted to wait and try for next Sunday, we'll be there then as well.

Can someone more better smarter than I find the address for googlings and mapquestings of this so called 5 Points South Starbucks?

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Birmingham address is 1927 11th Avenue South, Birmingham, AL 35205

Drive safe! Maybe y'all could try to get one started in Gadsden. =)

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mcdonalk wrote:

Birmingham address is 1927 11th Avenue South, Birmingham, AL 35205

Drive safe! Maybe y'all could try to get one started in Gadsden. =)

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Sounds like you just did!! We are just meeting up with other members in our area. If Gadsden is your neck of the woods then get one going.

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Well, I'm from Leeds, so Gadsden is about as far away as south Birmingham, but that was mostly for the guys in Dekalb county so that they wouldn't have to drive so far.



-Kyle

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OIc my bad. I thought you mentioned getting one started so you could join in. I'm not from AL so I have no idea where Leeds is in relation to Gadsden. Anyway, get a group together in Leeds.