College Carry

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OK traffic laws are a bad example because they for some reason are in both places, I forgot about that. Lets take the recently changed state park restriction as an example because I have the information handy.



The way it works is a section of the code of Alabama creates a government agency and gives them power to create rules.

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Section 9-1-4

Penalty for violation of provisions of title.

Unless otherwise provided, a violation of any of the provisions of this title or any rule or regulation approved by the advisory board of conservation and natural resources shall be a misdemeanor.



Section 9-2-2

(3) To maintain, supervise, operate and control all state parks, monuments and historical sites, except Mound State Monument and the first White House of the Confederacy; the serving and employing of attendants for all monuments and historical sites located on state-owned property in the City of Montgomery shall be performed by the Department of Finance;



Section 9-2-9

(4) To establish and promulgate and from time to time alter, amend or repeal rules and regulations governing the preservation, protection and use of the state park system and the property thereon and to preserve the peace therein. Any person who violates any rule or regulation so established and promulgated shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both, and may be adjudged to pay all costs of the proceedings. The Director of the Division of Parks shall have and he is hereby vested with full police power to prefer charges against and to make arrests of any person or persons violating any such rule or regulation. The Commissioner of Conservation and Natural Resources shall have full authority to designate any other employee or employees of the said Division of Parks as deputy police officers, who shall have full authority to prefer charges against or to make arrests of any person or persons violating any rule or regulation established or promulgated by the Commissioner of Conservation and Natural Resources;



All of these rules are compiled in the Administrative code per 41-22 of the code of Alabama. 41-22-3 defines Rule as (9) RULE. Each agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy





The Administrative code for state parks (recently changed)



220-5-.08 Prohibited Devices.

(1) It shall be unlawful for any person other than a duly authorized law enforcement officer to possess or carry into any State Park any form of firearm without written permission of the manager in charge of the State Park visited. No person shall possess, discharge or set off on or within a State Park any firecrackers, torpedoes, rockets, cap pistols, or other fireworks.

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Are firearms in lockboxs on campus legal here?

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stuckinchico wrote:

Are firearms in lockboxs on campus legal here?

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Define "here"?

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Alabama?

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Yes sorry ya i mean in Al

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Well I am not completely sure but I think are perfectly legal. Schools are not prohibited from making rules restricting firearms for students and staff but at the worst you could get kicked out or fired. There was a bill some time back that would stop schools in Alabama from restricting the right to carry but it didn’t make it.

The only thing I can find is in Section 290-3-1-.02 (Regulations Governing Public Schools) in the administrative code and I am not sure it’s even valid. Either way I think it way oversteps the authority given to them by the legislature and there are no penalties called for by the legislature like there are for say state parks where it makes it a misdemeanor to violate park rules. It reads…

[size=[font="Times New Roman"]“3. Adopt and enforce a uniform policy prohibiting all persons, other than authorized law enforcement personnel, from bringing or possessing any deadly weapon or dangerous instrument on school property and prescribing specific penalties for students and school personnel who violate this policy,][/size] notwithstanding any criminal penalties which may also be imposed.”[/font]

Notice is doesn’t have any penalties for the general public.

Then there is a note at the end of the document but it’s dated 1998 and the document revision is 2009 so I don’t know if it’s referring to this section or a previous section 290-3-1-.02

[size=[font="Times New Roman"]“Rules 290-3-1-.02 through 290-3-1-.05 of Chapter 290-3-1, Public School Governance, was repealed in the certification filed August 14, 1998; effective September 18, 1998. Rule 290-3-1-.06, was amended and renumbered 290-3-1-.02 in the certification filed August 14, 1998; effective September 18, 1998.”[/font]][/size]

This entire section is based on Alabama Code 16-3-11 which is vague to say the least.

[size=[font="Times New Roman"]Powers generally.[/font]][/size]

[size=[font="Times New Roman"]The State Board of Education shall exercise, through the State Superintendent of Education and his professional assistants, general control and supervision over the public schools of the state, except institutions of higher learning which by law are under the general supervision and control of a board of trustees, and shall consult with and advise through its executive officer and his professional assistants, county boards of education, city and town boards of education, superintendents of schools, school trustees, attendance officers, principals, teachers, supervisors and interested citizens, and shall seek in every way to direct and develop public sentiment in support of public education.[/font]][/size]

[size=[font="Times New Roman"](School Code 1927, §35; Code 1940, T. 52, §14.)[/font]][/size]

Personally I don’t think it has any legal standing and there are no specific penalties called for in the code. I also believe that all of the restrictions in the administrative code are questionable if properly challenged but that is for another post.

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REB wrote:

Unfortunately its not that simple. Preemption does not apply to the Alabama Administrative Code

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What section of Amind Code bans college carry in Alabama?

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More code snippets:

Section 16-3-13Rules and regulations — Necessary to make effective the law's purpose. In order to meet emergencies that may arise because of any defect in the language or purpose of this title, the State Board of Education may make such rules and regulations as will give full force and effect to any or all of its provisions.
(School Code 1927, §57; Code 1940, T. 52, §31.)
Section 16-5-13Powers and duties of governing boards of public institutions of higher education; commission relationship with state board and Chancellor. (a) Governing boards of the public institutions of higher education of this state shall retain all powers and duties heretofore given and conferred upon them by the constitution or by any law expressed or implied, to govern, control and operate the institutions for which they are responsible. The commission shall work with and support the respective boards and except where otherwise authorized by this statute, shall act in a fact-finding and advisory capacity.
(b) The State Board of Education and any successor board or boards which govern the state's public postsecondary institutions, including senior institutions, community colleges, junior colleges and postsecondary technical institutes or colleges, shall stand in the same relationship to the commission as do university boards of trustees. The Chancellor shall stand in the same relationship to the commission as do presidents of the universities.
(Acts 1969, Ex. Sess., No. 14, p. 28, §10; Acts 1979, No. 79-461, p. 816, §13; Acts 1982, No. 82-486, p. 805, §11.)
Section 16-16-7Powers generally. The authority shall have the following powers:
(1) To have succession by its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid;
(2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(3) To have and to use a corporate seal and to alter the seal at pleasure;
(4) To establish a fiscal year;
(5) To provide for the construction, reconstruction, alteration and improvement of public buildings and other facilities for public educational purposes in the state, including the procurement of sites and equipment therefor;
(6) To anticipate by the issuance of its bonds the receipt of the revenues herein appropriated and pledged;
(7) As security for the payment of the principal of and interest on its bonds, to pledge the proceeds of the appropriations and pledges herein provided for; and
(8) To appoint and employ such attorneys and agents as the business of the authority may require.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §7.)University of Alabama
Section 16-47-2Corporate powers generally. Such corporation shall have all the rights, powers and franchises necessary to or promotive of the end of its creation and shall be charged with all the corresponding duties, liabilities and responsibilities.
(School Code 1927, §544; Code 1940, T. 52, §487.)
Section 16-47-10Police officers — Appointed by president; powers and duties generally. The president of the university may appoint or employ one or more suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property of the university. Such person shall be charged with all the duties and invested with all the powers of police officers. The officer may eject trespassers from the university buildings and grounds. The officer may, without warrant, arrest persons who commit disorderly conduct, or trespass on the property of the institution, or in any circumstance in which an arrest by a police officer without a warrant is authorized by law, and carry them before the nearest district court or municipal court charged with the trial of such offenders. Upon proper affidavit charging the offense, the person arrested may be tried by the court and convicted as in case of persons brought before the court on a warrant. The officer or officers may summon a posse comitatus.
(School Code 1927, §559; Code 1940, T. 52, §500; Acts 1995, No. 95-554, p. 1159, §1.)
Section 16-47-199Rules and regulations; punishment of violations; powers of police officers appointed by university president. The University of Alabama shall have the power and authority to make, establish and promulgate such reasonable rules and regulations, not in conflict with the laws of Alabama, which may be deemed for the best interest of the operation, development, protection, maintenance and management of the University of Alabama Museum, which rules and regulations shall have the force and effect of law. Such rules and regulations shall be published in printed form and shall be made available to the general public and visitors to said University of Alabama Museum. Such rules, so published, shall be received in evidence in any court in this state without further proof. A violation of any rule or regulation made, established or promulgated in accordance with the provisions of this article shall be a misdemeanor. All persons appointed as police officers by the president of the University of Alabama, as provided for by law, are hereby constituted peace officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the rules and regulations promulgated by virtue of the authority contained in this article. Such police officers are clothed with the power and authority of deputy sheriffs and shall arrest without warrant and carry before the district court of the county in which an offense is committed any person violating any of the rules and regulations made and promulgated under the authority provided for in this article.
(Acts 1961, Ex. Sess., No. 102, p. 2018, §10.)
In short, still reading.