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Major Incident in Dothan Yesterday WARNING!

D

Dianosis

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Jan 25, 2009
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, Alabama, USA
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I debated to even put anything up until I can talk about it, the only reason I am, is to warn people. Right now if you are planning on OC'ing in Dothan or Coffee County, I would strongly advise against it if you value your concealed permit. For the time being, that's all I can say. Things are not good in my world at the moment. The minute I can say more u know it'll be right here first!
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Deacon Blues

Deacon Blues

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Birmingham, AL
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I'll try to use as much restraint as I've got and not pump you for information. Just remember that you have friends and allies here.

I can't imagine anything I could do to help here in B'ham, but don't hesitate to ask. I hate to see anything go wrong for a LAC in the exercise of their God-given rights.
 
FedFirefighter

FedFirefighter

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Mar 21, 2010
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Hattiesburg, MS.
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Thanks for the warning. Hope everything is alright with you. Call me if you need anything at all, or if I can help somehow.
 
K

Kirbinator

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Jan 22, 2010
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Middle of the map, Alabama
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You need friends to visit from TN. Different handgun laws there, AL sherriffs can't take a TN permit.

Also, I doubt that the Morgan County sherriff would either.
 
eye95

eye95

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Fairborn, Ohio, USA
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Wow. That sheriff just does not know the law! And, the "reporter" didn't challenge him on it. The sheriff spoon-fed the pablum and the "reporter" just swallowed it.
 
C

cowboy67

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Dec 18, 2009
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Opelika, Alabama, USA
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Holy cow dude! Like the others offered, If you need anything, let me know. I know we do not know each other but it is all about one fight! You are in it and now we all need to get in it. Not sure what to do, maybe a simultaneous note to our respective sheriffs so they keep an eye on what is going on and hopefully educate them?

I wish you the best of luck and maybe, just maybe this will be the one that tips the grey area to our side!
 
DJDD

DJDD

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Aug 20, 2009
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Prattville, AL
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HOLY HELL IN A HANDBASKET!!!!!!



That sheriff just opened a can of worms that cannot be closed again! I understand that our state is a MAY issue state, but open carry is not illegal and them retaining the pistol will definitely screw them over in court. They have no reasonable suspicion that he was going to, in the course of, or had committed a crime with that weapon. I am anxious to see what comes of this!



Sorry this had to happen to you man, just remember that we're all here for you!
 
V

Vondelta

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Mar 4, 2010
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56
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Huntsville, Alabama, USA
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After watching the video, I am amazed that the Sheriff didn't ensure that he knew Alabama state law and the provisions in the Alabama state Constitution. This is a wide open invitation for a lawsuit. Not massive because he was not arrested, but a lawsuit none the less because his weapon was confiscated and his permit revoked. Let us know if you need any assistance!
 
4

49er

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Joined
Nov 27, 2008
Messages
156
Location
Central Alabama
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The sheriff disagrees with other sheriffsalong withopinons from the attorney general's office. If sheriffs and lawyers can't agree on what the law says, how canpersonsof ordinary intelligence determine what is required of them:

http://law.jrank.org/pages/11152/Void-Vagueness-Doctrine.html



It all comes back to what the people of Alabama said:
Constitution of Alabama 1901

SECTION 36

Construction of Declaration of Rights.
That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.
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eye95

eye95

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Fairborn, Ohio, USA
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You all know this, but I am going to state the obvious anyway. Diagnosis gets to decide what to do. It's his ass on the line. However, there is a big grassroots movement willing to pitch in to help. We can only hope that this sheriff will allow himself to be educated on the law.

The actions of the police officers needs to be carefully examined also. All the sheriff did was request the revocation of Diagnosis' permit, which may be within his authority. However, if the officers unlawfully seized Diagnosis or his pistol, they and the police department are at legal risk.

While I'd rather the sheriff face legal action, you take what targets you get. If the sheriff is a man, he won't let the officers take the legal heat for his legal ignorance.

Anyway, where this goes from here is 100% up to Diagnosis.

Diagnosis: you have a bunch of people here willing to go to the mattresses for you.
 
eye95

eye95

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Fairborn, Ohio, USA
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Vondelta wrote:
After watching the video, I am amazed that the Sheriff didn't ensure that he knew Alabama state law and the provisions in the Alabama state Constitution. This is a wide open invitation for a lawsuit. Not massive because he was not arrested, but a lawsuit none the less because his weapon was confiscated and his permit revoked. Let us know if you need any assistance!
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St John v. Alamogordo. Arrest is not necessary to open the PD and the individual officers to risk. If they illegally seized him and/or his gun, their collective and individual butts are on the line.
 
V

Vondelta

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Mar 4, 2010
Messages
56
Location
Huntsville, Alabama, USA
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eye95 wrote:
You all know this, but I am going to state the obvious anyway. Diagnosis gets to decide what to do. It's his ass on the line. However, there is a big grassroots movement willing to pitch in to help. We can only hope that this sheriff will allow himself to be educated on the law.

The actions of the police officers needs to be carefully examined also. All the sheriff did was request the revocation of Diagnosis' permit, which may be within his authority. However, if the officers unlawfully seized Diagnosis or his pistol, they and the police department are at legal risk.

While I'd rather the sheriff face legal action, you take what targets you get. If the sheriff is a man, he won't let the officers take the legal heat for his legal ignorance.

Anyway, where this goes from here is 100% up to Diagnosis.

Diagnosis: you have a bunch of people here willing to go to the mattresses for you.
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I agree with Eye, but I suggest that if Diagnosis decides to take this to court, that we all pitch in what we can to help him with the bills. As Eye said, this is a grassroots effort and we all need to bear the burden if possible. This will affect us all!
 
eye95

eye95

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Fairborn, Ohio, USA
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SFCRetired wrote:
Letter to RickyStokesNews:

>>With all due respect, Sheriff Hughes needs to brush up on both statutory and case law, not to mention AG opinions on the subject of Open Carry. He is as wrong as he can possibly be.

It is strange that there are so many conflicting opinions concerning this subject within the law enforcement community in Alabama. Sheriff D.T.Marshall, here in Montgomery County, has stated, in writing, that it is legal. Montgomery PD is working on a policy for MWAG calls that emphasizes that Open Carry is legal.

There are several good sources of information concerning both statutory and case law on this subject. I would suggest that a good starting place would be AlabamaOpenCarry.com.<<

I have a feeling that these sheriffs and police officers who do not know, or do not care to know, the law are going to cost the taxpayers of their counties and cities a bundle of cash before it finally sinks in.

I think they have the idea that any lawsuit will be held in an Alabama court and that they cannot lose in that venue. Someone should tell them that civil rights violations are not heard in state court but in federal court.

Any way that I can help, please contact me.
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Good letter. Stokes is not much of a reporter is he let the sheriff make those false statements and doesn't check on them.
 
V

Vondelta

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Mar 4, 2010
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56
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Huntsville, Alabama, USA
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I also wrote an email to the Houston stating that I expected more from them than the typical "Drive By Media" reporting. They should have done some investigation about the laws and held the Sheriff to task when he spoke out of either ignorance or lack of caring about the law.
 
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