imported post
Kirbinator wrote:
Remember that one of the defining cases of Alabama's gun laws was when a sheriff concealed a pistol in 1865, immediately after the Civil War. Another point is that our constitution was written in 1901 and recognizes the right to bear arms at that time.
The case you seem to be refering to is State v Reid. This was a case decided bythe Alabam Supreme Court in 1840.The question being settled in the case was if the bearing arms clause in the Alabama Constituion proteced concealed carry. they ruled that it did not, that only unconcealed carry was protected. The case can be read by going to
http://www.alabamaopencarry.com and clicking on the "Documents and Tools" links then clicking on "State v Reid" under the "Court Cases" heading.
There are several very good decisions there which make it plain that the Alabama courts see unlicensed,unconcealed carry as the law of the land and have for at least the last 160 years. Copy them, read them, familiarize yourself with them. Through these, we can hold the LEA's/LEO's feet to the fireof freedom.
Of particular interest in this collection of cases is Looney v State (1962), the case of a man arested for unlicensed,unconcealed carry.The Court of Appeals reversed a lower court statinga permit is not required when a personis on foot carrying an unconcealedhandgun. Morris v State (1977)is a casse where the courts relaesed a man who was charged with resisting arrest over the carry of an unlicensed and unconcealed pistol.
The Alabama Constituion has been re-written 6 times.Only oneversion did not carry the "the right to bear armsin defense of self and the state". That the Constitution has been re written since the State v Reid decision has no bearing on it's validity as case law and subsequent ruling precidence since the re writing did not alter the fundamental legal standing of the state.
To explain, one might question some case law decided when the United States was incorporated under the Articles of Confederation. Upon the adoption of the Constitution, the legal underpinings of the United States were fundamentally altered. No such fundamental change occured with the re-writes of the Alabam Constituition, hence any case law made under it remains valid.
