Page 1 of 2 12 LastLast
Results 1 to 25 of 50

Thread: Going to talk with the Autauga County Sheriff in the morning.

  1. #1
    Regular Member DJDD's Avatar
    Join Date
    Aug 2009
    Location
    Prattville, AL
    Posts
    64

    Post imported post

    I've been OC'ing quite a bit recently, shopping, gas stations, eating, etc.. and have yet to run into an LEO who questioned me about carrying openly. Well, my luck ran out tonight as I was filling up with gas. I ran into the gas station while the pump was running to grab something to drink. There was an off-duty Montgomery officer and an on-duty Autauga county deputy sheriff talking inside. I OC in this place all the time, the owner has even seen me and said nothing about it.

    I walk outside and the deputy follows me. He asks to speak with me and I knew it was about me carrying by the tone of his voice. I haven't picked up a voice recorder yet so I can only post verbatim our conversation.

    Him: Can I speak with you a minute sir?
    Me: Yes sir.
    Him: Do you have a permit for that pistol?
    Me: Yes sir I do.
    Him: That permit does not allow you to openly carry a weapon like a law enforcement officer such as me.
    Me: I know this sir, it is for concealed carry only. The Alabama state constitution allows me to openly carry a weapon without a permit. I have also spoken with Deputy Buford and State Trooper Creel on this matter and they both acknowledge that open carry in the state of Alabama is legal. You can call Deputy Buford and ask him about our conversation.
    Him: He's not working tonight, I'll talk to him later. You can't openly carry like a law enforcement office in this county, it can void your permit.
    Me: Sir, the Alabama state constitution allows me to openly carry a weapon.
    Him: (obviously becoming agitated) Do you have an ID? I need to see it.
    Me: Yes sir. (provide him my ID out of courtesy) (he writes down name and DL #)
    Him: Like I said, you cannot openly carry like law enforcement in this county. I'm not going to do it tonight, but I could void your permit. Don't do it again. If you want you can speak with Sheriff Herbie Johnson about this.
    Me: I will do that sir, first thing in the morning.

    Unfortunately I didn't have any tri-folds in the truck, otherwise I would have spoken with him quite a bit more. I'll be going down to the sheriff's office in the morning to have a nice chat with Sheriff Herbie Johnson. I know there were a couple of mistakes I made but this is the first time I've been questioned by LEO about it. I will be providing links to eye95 and Dianosis' run ins as well as Sheriff D.T. Marshall's letter, the tri-fold, and all AG opinions.

  2. #2
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    Start OCing sterile. Leave your DL and CPL in the truck. The deputy cannot immediately seize that which you do not have on your person and won't even tell him whether you have or not.

    When he asks if you have a license, you can honestly say, "I do not have a license on me."

    Does the Autauga license have wording on it restricting OC? The back of the Montgomery CPL used to have a lot of restriction. Now, it is blank. Anyway, the wording "Your license does not permit OC" is deliberately deceptive. It does not permit OC, but it cannot disallow it.

  3. #3
    Regular Member Monkeytown's Avatar
    Join Date
    Apr 2009
    Location
    Wetumpka, AL, ,
    Posts
    107

    Post imported post

    Eye, that wording and other restrictions are on the Elmore County CCP. I believe it was put there to discourage folks who are ignorant of the law from OC, carrying in government buildings, etc. When I talked to Sher. Bill Franklin about OC he acknowledged that OC was legal and that all of the restrictions on the permit were BS. He said they were on there before he was elected sheriff (20 years ago) and made it clear he had no intention of removing them.

    MT

  4. #4
    Regular Member
    Join Date
    Dec 2009
    Location
    Opelika, Alabama, USA
    Posts
    100

    Post imported post

    You know, just a thought, but, after reading posts like this about an officer that says OC is illegal and that he wont do it right now but next time I am gonna_____(fill in the blank), Makes me believe that the officers are educated but just jealous to the fact that there are other deterents to crime than themselves or just plain power hungry.

    I know that people get warnings for speeding, jaywalking or other offenses but it just seems to me that the officer knows it is legal and knows that if he caused a big stink about it that it would cost him his job and disgrace his department.

  5. #5
    Regular Member AL Ranger's Avatar
    Join Date
    Apr 2010
    Location
    Huntsville, Alabama, USA
    Posts
    238

    Post imported post

    Maybe when it comes to stuff like this, where a LEO says,"Next time I will (fill in the blank)!" We should say to him,"If what I am doing is illegal, I demand you arrest me right now as I am breaking the law! However, if what I am doing is legal, I will personally sue you and the entire department for harassment and false arrest!" Just one time is all its going to take, but I doubt if any of us want to go through the hassle. I wouldalso tell the officer about the court cases and the State Constitution and the ALSC decisions proving OC is legal, just so he knows what would be used to defend our actions in court. I'm looking for the day when this matter will be resolved throughout the state. It can't come too soon.
    Check out my home page @ www.alabamaopencarry.com and Carry On!

  6. #6
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915

    Post imported post

    cowboy67 wrote:
    You know, just a thought, but, after reading posts like this about an officer that says OC is illegal and that he wont do it right now but next time I am gonna_____(fill in the blank), Makes me believe that the officers are educated but just jealous to the fact that there are other deterents to crime than themselves or just plain power hungry.

    I know that people get warnings for speeding, jaywalking or other offenses but it just seems to me that the officer knows it is legal and knows that if he caused a big stink about it that it would cost him his job and disgrace his department.
    Agreed, and all his references to not being able to carry "like law enforcement" only enforces my belief that he thinks of himself as being one of the "only ones".


  7. #7
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    I spoke to DJDD on the phone. It seems that the sheriff's policy is that, if you OC, he will yank your permit.

    That, of course, will only work with permits issued by Autauga County or by sheriffs who will yank for him. I don't think there will be many of the latter. Also, if you carry sterile, it is hard to yank a permit from another county that you are not carrying--not impossible, though.

    We need to make a list of gun-friendly and gun-hostile sheriffs and actively support the friendly and actively oppose the hostile in elections. No sheriff in Alabama wants to be seen as "anti-gun." He'll have a hard time convincing the public that only opposing the legal OC of a handgun is not "anti-gun."

    I wish we had an Alabama civil rights attorney willing to be available on a contingency basis so we can start pressing lawsuits against the more intransigent LEOs and LEAs.

  8. #8
    Regular Member DJDD's Avatar
    Join Date
    Aug 2009
    Location
    Prattville, AL
    Posts
    64

    Post imported post

    As eye95 stated, he was adamant about no one OC'ing in his county. By the time I got around to visiting the Sheriff's office today I hadn't expected him to be there. I was mainly going to request an appointment to sit down with him next Tuesday morning. I was completely unprepared when I was told he was in and to go on back to see him. During our discussion I offered to bring him documents verifying my claims and he flat out refused them. He didn't care whether it was legal or not, he was not going to update his men on the legality of OC. Furthermore, he told me I could make a decision right then and there, I could only CC or I could give him my permit and he would allow me to take my weapon home.

    I decided to keep my permit so I could continue carrying for the moment and regroup with you guys for further action. I spoke with eye95 earlier and I have decided on a few actions for the immediate and near future. Once things can be ironed out a full scale barrage will begin against Sheriff Herbie Johnson. Letters, emails and phone calls will be made. I am not going to live in a county that has a sheriff who cannot follow the laws of our state constitution. Either he goes or I go, and I'm not leaving.

    I'll do some research and see if I can find the information needed to educate our sheriff department. By the way, he is the only top ranking LEO in the tri-county area who won't budge on the OC issue. Even the Prattville Chief of Police recognizes that we have the right to OC anywhere in Alabama.

  9. #9
    Regular Member AL Ranger's Avatar
    Join Date
    Apr 2010
    Location
    Huntsville, Alabama, USA
    Posts
    238

    Post imported post

    I guess we need to get to the Governor (whoever that will be) and have him jerk a knot in the tails of the Sheriff's in the various counties. I hope a letter writing campaign and email barrage will help. It worked in Dothan and Coffee County, maybe we can do the same without any one losing their license or pistol. Attached are the names, addresses and numbers I found as well as an open letter I created a little while ago. Use this or create your own, just change the titles to fit the person you are writing. If we have to, we will change this state one county at a time.



    RANDALL V. HOUSTON
    Chief District Attorney, 19th Judicial Circuit
    P.O. Box 700
    Wetumpka, Alabama 36092
    (334) 567-2237

    James "Herbie" Johnson, Sheriff
    Autauga County Sherriff's Office
    162 West Fourth Street
    Prattville, AL 36067-3049

    Phone: (334) 361-2500
    Fax: (334) 361-2516

    If you write any letters to the Sheriff and District Attorney remember to cc: the Governor and Attorney General.

    Dear Sir:

    Please allow me get straight to the point.

    I’m a member of OathKeepers, OpenCarry.org and AlabamaOpenCarry.com.

    OathKeepers is an organization of current, former and retired military, law-enforcement, firefighters and citizens who have taken an oath to preserve, protect and defend the Constitution of the United States against all enemies, foreign and domestic. Being an Alabama citizen, that would include the State Constitution, as well.

    OpenCarry.org and AlabamaOpenCarry.com are dedicated to the legal, open carry of firearms, by citizens, going about their lawful business in their day-to-day activities.

    Alabama has always been, and is currently regarded as an Open Carry state. The laws in Alabama’s history, State Supreme Court decisions, Appellate court rulings and Attorneys General opinions have all upheld the citizens right to lawfully bear arms openly for defense of himself and the State, according to Article 1 Section 26 of the Alabama Constitution.

    Sir, I do not know what your thoughts or beliefs are concerning the matter of Open Carry by civilians. I do not know what instructions you may have given the officers under your command or what they have been taught when they were trained. I am merely letting you know that the citizens who have begun to Open Carry throughout the United States, and in Alabama specifically, do so because we believe it to be legal, not to “showboat“ or as an act of defiance against authority.

    It has been our understanding that some LEO’s fully understand and comprehend this right while others have been told differently and have challenged some of us on it. Two AlabamaOpenCarry.com members (in Montgomery and Dothan) were detained, questioned and finally released. One had his concealed license revoked and his pistol confiscated. Both situations have been resolved peaceably to the benefit of our members with the Dothan member having his pistol returned and his license reinstated. A third member has been told by law enforcement that the officer doesn't care if open carry is legal or not, and he would not train his men to obey the law in this matter. Because of attitudes like this, the memory of harassment still lingers and places a bad light on our state’s law enforcement community.

    The officials in Montgomery have been very polite in their apology, returning phone calls, sending letters to and having meetings with the citizen involved and have begun a training program for their officers in how to deal with Open Carry citizens, should they be called in on a “man with a gun” call, or should they meet one in the course of their daily duties. The Dothan situation was a little “less friendly” and in our opinion, just wanted the whole political thing with our calls and letters to just “die down and go away”.

    We do not wish to get into any situations with LEO’s in this area, either state troopers, local police or the Sheriff’s department, which is the reason for this letter. We are simply letting you know that we are out here in the public. We understand your men have a job to do and, that if we should meet on the street or if they have been called to investigate a “man with a gun” call, we will be as kind, courteous and helpful as possible.

    If you or some members of you staff have questions about the legality of Open Carry in this state, our website www.alabamaopencarry.com has a Documents and Tools page where you can retrieve many of the laws, rulings, and opinions I mentioned above. If there is any question to their validity, please give the information to your legal department for their verification.

    Thank you for your time and consideration in this matter.




    Check out my home page @ www.alabamaopencarry.com and Carry On!

  10. #10
    Regular Member DJDD's Avatar
    Join Date
    Aug 2009
    Location
    Prattville, AL
    Posts
    64

    Post imported post

    Sitting outside smoking because I can't sleep. Things I should have done keep running through my head. Should I have used different wording, what will I write in my emails and letters, how will the phone calls go? I am pretty upset at the events that happened and the sheriff's response to my questions. I believe I will also be speaking with the man who will be running against Herbie Johnson to get his opinion and see if we would be better off with him.

    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.

  11. #11
    Regular Member
    Join Date
    Jul 2007
    Location
    , South Carolina, USA
    Posts
    2,247

    Post imported post

    DJDD wrote:
    Sitting outside smoking because I can't sleep. Things I should have done keep running through my head. Should I have used different wording, what will I write in my emails and letters, how will the phone calls go? I am pretty upset at the events that happened and the sheriff's response to my questions. I believe I will also be speaking with the man who will be running against Herbie Johnson to get his opinion and see if we would be better off with him.

    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.
    During our discussion I offered to bring him documents verifying my claims and he flat out refused them. He didn't care whether it was legal or not, he was not going to update his men on the legality of OC. Furthermore, he told me I could make a decision right then and there, I could only CC or I could give him my permit and he would allow me to take my weapon home.

    I would not go back in there on Tuesday without legal represenation, preferrably an Attorney from a different county. You can carry all the tri-folds, opinions etc. you want to but from your earlier post you will leave without your permit. It is clear that he is not going to listen to you or anyone else that he doesn't have to so you are going to have to get either a judge, the Govenor or similar on your side. Reason is probably not going to work so be prepared for a fight.

  12. #12
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    I agree with PT111. You offered education, it was flatly refused. It is time to move to the next level. There are many options, letter writing, getting the AG involved, talking to the DA, talking to a civil rights attorney, continuing to OC (sterile) and holding LEOs and LEAs accountable for any rights violations, going to the media, and supporting political opponents, to name a few.

    I have contacted the media in Montgomery several times now. They seem to want to focus on what happened to me, when I wanted the story to focus on OC, so it never came off. Maybe now, we can get the focus on rogue sheriffs, and they will do the story.

  13. #13
    Regular Member FedFirefighter's Avatar
    Join Date
    Mar 2010
    Location
    Hattiesburg, MS.
    Posts
    103

    Post imported post

    I think the media is great idea. That would be the quickest way to get the Governors attention on these rogue sheriffs. It's obvious he's not gonna listen to you, and I know how you feel, but he may listen to us.

  14. #14
    Regular Member Brimstone Baritone's Avatar
    Join Date
    Mar 2010
    Location
    Leeds, Alabama, USA
    Posts
    786

    Post imported post

    DJDD wrote:
    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.
    There was a time that the pieces fit, but I watched them fall away, mildewed and smoldering, strangled by our coveting. I've done the math enough to know the dangers of our second guessing. Doomed to crumble, unless we grow and strengthen our communication. -Tool, "Schism"

  15. #15
    Regular Member
    Join Date
    Aug 2008
    Location
    , ,
    Posts
    87

    Post imported post

    mcdonalk wrote:
    DJDD wrote:
    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.
    +1 on that. I'm not surewhat anglemcdonalk would approach it from, but I would approach it from this one...

    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:



    § 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, §174; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, §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.

    § 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, §1; Acts 1994, No. 94-635, p. 1195, §1.)






  16. #16
    Regular Member
    Join Date
    Apr 2010
    Location
    Columbus, Georgia, USA
    Posts
    16

    Post imported post

    Since this guy is bullying people into following his narrow guidelines for carrying by fear of permit yanking. It makes me wonder how he'd strongarm a legally OCing citizen with a permit from another state with reciprocity. He can't yank my permit right? Any other legal methods for him or would he be dancing outside the law hoping for ignorance?

  17. #17
    Regular Member Brimstone Baritone's Avatar
    Join Date
    Mar 2010
    Location
    Leeds, Alabama, USA
    Posts
    786

    Post imported post

    I want to see what he would try to do to someone who didn't have a permit...
    There was a time that the pieces fit, but I watched them fall away, mildewed and smoldering, strangled by our coveting. I've done the math enough to know the dangers of our second guessing. Doomed to crumble, unless we grow and strengthen our communication. -Tool, "Schism"

  18. #18
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    mcdonalk wrote:
    I want to see what he would try to do to someone who didn't have a permit...
    He'd follow you around until you got into your car, and then bust you for violating -73.

  19. #19
    Regular Member
    Join Date
    Jan 2010
    Location
    Urban Skeet City, Alabama
    Posts
    897

    Post imported post

    This brings up an interesting point. The only times that I have "brandished" a pistol was when taking it out of the holster, or when unloading it so another may safely handle or transport it. I do not believe I am brandishing a weapon if/when I unload it before putting it in the trunk of a car. Whether a police officer believes that is brandishing is another matter.
    It takes a village to raise an idiot.

  20. #20
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    I don't see anywhere in Alabama law where unloaded in the trunk is a legal way to carry a pistol without a license.

    Federal law allows it, but only under the heading of interstate transportation of a firearm.

    I wouldn't want to tempt a LEO who has already indicated a willingness to see the law only as he wants to see it.

  21. #21
    Regular Member
    Join Date
    Nov 2008
    Location
    Central Alabama
    Posts
    146

    Post imported post

    Eye95
    I don't see anywhere in Alabama law where unloaded in the trunk is a legal way to carry a pistol without a license.

    The people who write our laws must not have taken English from the teachers I had. Run-on sentences make it hard to understand them sometimes. If you read those run-on sentences carefully and then break them down into phrases, the meaning becomes clearer:



    Example:
    Section 13A-11-74

    License to carry pistol in vehicle or concealed on person - Exceptions.

    The provisions of Section 13A-11-73 shall not apply to ...

    [irrelevant passages excluded]

    ... any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper,

    - from the place of purchase to his home or place of business,

    - or to or from a place of repair

    - or in moving from one place of abode or business to another
    [extremely long run-on-sentence broken down into phrases for clarity]



    "or in moving from one place of abode or business to another"means just about anywhere the way I read it.

  22. #22
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    49er wrote:
    Eye95
    I don't see anywhere in Alabama law where unloaded in the trunk is a legal way to carry a pistol without a license.

    The people who write our laws must not have taken English from the teachers I had. Run-on sentences make it hard to understand them sometimes. If you read those run-on sentences carefully and then break them down into phrases, the meaning becomes clearer:



    Example:
    Section 13A-11-74

    License to carry pistol in vehicle or concealed on person - Exceptions.

    The provisions of Section 13A-11-73 shall not apply to ...

    [irrelevant passages excluded]

    ... any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper,

    - from the place of purchase to his home or place of business,

    - or to or from a place of repair

    - or in moving from one place of abode or business to another
    [extremely long run-on-sentence broken down into phrases for clarity]



    "or in moving from one place of abode or business to another"means just about anywhere the way I read it.
    Since, earlier in the context, the law is talking about "his" home or business, it is reasonable to assume that "one place of abode or business" is referring to one of his places of abode or business. This provision exists to allow one to carry his pistol from home to his business and back.

    I suspect that any court will see it this way. One should see it another way at his own peril.

  23. #23
    Regular Member
    Join Date
    Nov 2008
    Location
    Central Alabama
    Posts
    146

    Post imported post

    This provision exists to allow one to carry his pistol from home to his business and back.
    If that were stated in the law, I would agree. But it is not. Courts acting in their proper role do not add such thingsto the law when it is not there. The "separation of powers clause" forbidsjudges to legislate.

    The clear language of the law allows one to move from one place of abode or business to another in a vehicle with the unloaded pistol wrapped in a secure wrapper without a pistol license. It does not say "his place of abode or business to another".

  24. #24
    Regular Member
    Join Date
    Nov 2008
    Location
    Central Alabama
    Posts
    146

    Post imported post



    Here's and example of what I'm talking about eye95:



    Alabama Supreme Court

    January 13, 2006

    CITY OF BESSEMER ET AL.
    v.
    E.B. MCCLAIN ET AL.


    ... This Court has also recognized:

    "The fundamental rule of construction is to ascertain and give effect to the intent of the legislature in enacting the statute. Words used in a statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used a court is bound to interpret that language to mean exactly what it says. If the language of the statute is unambiguous, then there is no room for judicial construction and the clearly expressed intent of the legislature must be given effect."

    IMED Corp. v. Systems Eng'g Assocs., 602 So. 2d 344, 346 (Ala. 1992). See also Alabama Farm Bureau Mutual Casualty Insurance Co. v. City of Hartselle, 460 So. 2d at 1223, in which the Court stated:

    "[T]he intention of the legislature must primarily be determined from the language of the statute itself if it is unambiguous, and clearly expressed intent must be given effect without room for interpretation. Words used in the statute must be given their natural, plain, ordinary, and commonly understood meaning."

    (Citations omitted.) ...


  25. #25
    Regular Member
    Join Date
    Nov 2008
    Location
    Central Alabama
    Posts
    146

    Post imported post

    Kurbinator,
    ... Whether a police officer believes that is brandishing is another matter.

    What is the significance of "brandishing" a weapon? Is this some trumped-up charge akin to "disturbing the peace" that may be used to discourage open-carry? I don't find it in the Code of Alabama, and there are few references to it in the case law I have access to, none of which apply to the situtation you described.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •