+1 on that. I'm not surewhat anglemcdonalk would approach it from, but I would approach it from this one...
I am going to go back to the sheriff's office on Tuesday with plenty of tri-folds, AG opinions, and case law. I am not looking to cause trouble or intentionally have my permit pulled, I just want the truth to be known and upheld by those who took an oath to protect our rights as given to us by our forefathers. They wouldn't have addressed the concerns in the bill of rights or our state constitution if the matter was not important. I will also be picking up a voice recorder as well, this situation has taught me a lesson and I will not be caught unprepared again.
Look on the bright side, DJDD. If he yanks your permit you can politely thank him for giving you standing to file a civil suit against him and the department.
The Alabama Constiitution guarantees the right to bear arms in defense of oneself and in defense of the state.
Alabama law requires a permit to have ahandgun in your vehicle, and makes neither allowance norexception for the weapon to be unlicensed and unconcealed. You must have the license to have theweapon in yourvehicle. This means you cannot travel with your firearm, from your home to place of work or any other business you may want to conduct.
While the courts plainly recognize OC when onfoot, it is completely unreasonable to expect that foot travel will be one's sole source of transportation.
If the sheriff denies a CC permit and says he will not allow OC in his county, he is in effect denying your right tobear arms for self defense as guaranteed by the Alabama Constitution.
I'm no lawyer. I don't know what it would take to make that stick, but as the laws are written, that isthe effect of his action.
As too Alabama being a may issue state, look at this:
Â§ 13A-11-72. Certain persons forbidden to possess pistol.
(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.
(b) No person who is a drug addict or an habitual drunkard shall own a pistol or have one in his or her possession or under his or her control.
(c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.
(d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.
(e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.
(f) The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12.
(g) The term "deadly weapon" as used in this section means a firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury, and such term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.
(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, Â§174; Acts 1951, No. 784, p. 1378; Code 1975, Â§13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, Â§1.)
Itstrikes me that considering the language of he Constitution, and the way the law is written that the only reason the sheriff could give for denying a permit lies in this article of the weapons code.
Again, I'm not a lawyer, andconsideringthe attitude you presentof this fella, it strikes me tht it will take the DA telling him to shut up.
Finally, I don't think he has the power to decide what is legal or illegal so far as OC. Certainly, neither he nor his county can write law to forbid it. My take on things, for what it may be worth.
Â§ 11-45-1.1. Subject matter of handguns reserved to State Legislature; power of municipality to adopt certain ordinances; concurrent jurisdiction of municipal courts with district courts.
No incorporated municipality shall have the power to enact any ordinance, rule, or regulation which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns by the citizens of this state. The entire subject matter of handguns is reserved to the State Legislature. This section shall not be construed to limit or restrict the power of a municipality to adopt ordinances which make the violation of a state handgun law a violation of a municipal ordinance to the same extent as other state law violations, or to limit or restrict the power of a municipal court to exercise concurrent jurisdiction with the district court over violations of state handgun laws which may be prosecuted as breaches of a municipal ordinance.
(Acts 1982, No. 82-442, p. 694, Â§1; Acts 1994, No. 94-635, p. 1195, Â§1.)