Welcome to OCDO. Glad you took an interest in the situation.
I live in Houston County and I personally know an attorney in Coffee County who I've talked with last year concerning OC'ing in AL
I would hazard to guess that not even this will alleviate all OC problems. It is just a function of the society we live in. I'm just glad we don't have it as bad as other parts of the country.
Although I was surprised and angeredby this recentincident, OC'ing in Alabama without further headacheswill require the Legislature to ammend or repeal Section 13A-11-52 of the Code or a state court case ruling on this incident or another similar incident.
We have more than an AG opinion, or else I would agree. The ALSC has ruled in State v. Reid that OC cannot be outlawed. Yes, that is an 1840 case, but it has never been overturned. If that still isn't good enough for you, in 1997 KJ v. State that "13A-11-52 applies only the extent that it is consistent with § 13A-11-73 because it is the later statue and a complete revision of the subject matter." Thus, -52 has been declared bad law. And even if this weren't the case, any charge under -52 has to be prosecuted in accordance with -55.
What is working against us is Section 13A-11-52, and thata law enforcement agencyis not legallybound by a previous Attorney General's opinion giving a different interpretation of that section of the Code.
"In an indictment for carrying weapons unlawfully, it is sufficient to charge that the defendant carried concealed about his person a pistol, or other description of firearms, on premises not his own, ... and if the evidence offered to excuse the charge raises a reasonable doubt of the defendant's guilt, the jury must acquit him."Even without any AG opinions (and there are more than the one) we have a solid foundation for exercising our rights.
I agree. I don't think it matters, but I agree. The case would be unwinnable unless you were otherwise engaged in illegal activity. If you are convicted, get a better lawyer for your appeal.
In other words,if a particular law enforcement agency chooses to charge you with violating Section 13A-11-52 of the code for OC'ing off of your private property or land, a previous Attorney General's opinion is not a legal defense and is not legally enforceable to prevent the officer or agency from charging you with violating Section 13A-11-52.
Not according to KJ v. State
Section 13A-11-73 of the Code overrides Section 13A-11-52 but ONLY when CC'ing with a permit.
Unfortunately, I see the issue needing to be resolved by an Act of the Legislature, by ammending or repealing Section 13A-11-52 (the section which literally outlaws OC when not on your private property/land or your own business)
I certainly hope he is not your personal attorney. Please direct him toward the cases I cited and see if the case law on the subject can sway his opinion. For more information, including other relevant cases, I invite you to http://www.alabamaopencarry.com
This is difficult to swallow, and not what anyone wants to hear, but this is coming from an attorney friend of mine from Coffee County.
Once again, welcome.