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Thread: Is carrying openly in Montgomery a hassle or is it not a problem in regards to cops?

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    I am moving to Montgomery in August and will be here for the next 3 years or so and am wondering the law enforcement 'climate' concerning OC. I am originally from AR and have lived in TX the past 2 years, both of which are CC only states. I would not mind open carrying especially when it's summer and concealing is a hassle.

    Has anyone here had a problem with this? I know my TX and AR licenses are valid in AL, so I'm not worried about that. I will be obtaining a license to CC in Alabama once I change residency status. I am leery to do so as I'm accustomed to being extra concealed when carrying in TX as printing can lead to lectures or even being detained. AR is less problematic as you have to be malicious in your errant display while concealed, barring an overly assertive police man.

    Any information will help. I will be in town on the 25th of June and will be carrying and I want to make sure I'm not going to be bothered if I choose to OC. I am well versed in the legal schematics of AL and most states as I work for a Constitutional/Historical political action committee, however I am not seeking a friendly conference with law enforcement while in the state for a day or so.

    Thanks.

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    Regular Member Brimstone Baritone's Avatar
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    Montgomery Police Department just instituted (or is in the process of instituting) new policies regarding Open Carry. There was a recent OC incident involving user eye95, details can be found HERE, after which the City Attorney and MPD Chief got together and hashed out OC friendly policies.

    That said, we don't know exactly what these policies are or what the schedule is for this being implemented. There is always a risk of being harassed by cops or regular Joes but as far as OC goes Montgomery is pretty friendly.
    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"

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    Regular Member DJDD's Avatar
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    Welcome to the forums. Montgomery is becoming more OC friendly and has already shown that they are willing to follow the law and provide training for their officers. You'll be fine while OC'ing or CC'ing.

    We have what's called the tri-county area here (Montgomery, Autauga, Elmore), while Montgomery and Elmore are fine to OC in, watch yourself in Autauga. Unless you're in the city limits of Prattville (Chief Wadsworth has stated that OC is legal and while he doesn't recommend it he will not do anything to stop you), I would be cautious while in Autauga county.

    Are you PCS'ing out here or just moving with a company? If PCS'ing, will you be in base housing or in the local area?

  4. #4
    mdgary
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    "Montgomery Police Department just instituted (or is in the process of instituting) new policies regarding Open Carry. There was a recent OC incident involving user eye95, details can be found HERE, after which the City Attorney and MPD Chief got together and hashed out OC friendly policies"

    Is'nt open carry a state law and not a police department law?

    I don't know how it work here but our police departments don't make or change any laws.

    If OC is legal why should anyone hassle you?



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    Welcome to Alabama.

    Some uniquenesses in Alabama you need to watch out for:

    -- OC in a vehicle requires a CPL.

    -- Any kind of carry at or near a demonstration is unlawful.

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    mdgary wrote:
    "Montgomery Police Department just instituted (or is in the process of instituting) new policies regarding Open Carry. There was a recent OC incident involving user eye95, details can be found HERE, after which the City Attorney and MPD Chief got together and hashed out OC friendly policies"

    Is'nt open carry a state law and not a police department law?

    I don't know how it work here but our police departments don't make or change any laws.

    If OC is legal why should anyone hassle you?
    The codified law in Alabama is, at least on the surface, contradictory. It is through court decisions that OC is legal. Some departments, rather than having their attorneys look through the court decisions to see that it is legal, just read the code and conclude that it is not.

    In Montgomery, I convinced the PD to go to the city attorney's office and get them to research the law. They arrived at the same conclusion that the courts and the Alabama AG have: OC is legal in Alabama.

    We OCers have helped some departments educate themselves. Others are being stubborn. I am afraid that it won't be until we win a lawsuit against some hapless officers and their department that the rest of the stubborn departments will stop hassling OCers.

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    Regular Member DJDD's Avatar
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    mdgary wrote:
    "Montgomery Police Department just instituted (or is in the process of instituting) new policies regarding Open Carry. There was a recent OC incident involving user eye95, details can be found HERE, after which the City Attorney and MPD Chief got together and hashed out OC friendly policies"

    Is'nt open carry a state law and not a police department law?

    I don't know how it work here but our police departments don't make or change any laws.

    If OC is legal why should anyone hassle you?

    OC is governed by the state, what MPD is instituting is policies regarding MWAG calls and situations regarding OC'ers. This is internal policy that will ensure that any new MWAG calls and OC incidents are responded to properly.

    We get hassled because of citizens and LEO's not understanding or just plain ignoring our right to OC.

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    mdgary
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    "Montgomery Police Department just instituted (or is in the process of instituting) new policies regarding Open Carry"



    This is the part that made me think that....I didn't read anything about MWAG.

    Thanks

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    eye95 wrote:
    Welcome to Alabama.

    Some uniquenesses in Alabama you need to watch out for:

    -- OC in a vehicle requires a CPL.

    -- Any kind of carry at or near a demonstration is unlawful.
    And if a demonstration starts up and you weren't aware of it, when the cop tells you to leave/stow the weapon, you must or you'll be arrested.
    It takes a village to raise an idiot.

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    Regular Member Kingfish's Avatar
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    mdgary...

    Alabama is a pretty unique state. The local LE (sheriffs) have an enormous amount of "power" in Alabama. They believe they can make rules as they see fit and the vast majority of people don't care.

    The issue is that there is no law stating OC as being legal (as it should be) just like CO, WY, ID, etc. The difference is that the "Free states" never had the Jim Crow culture.

    Alabama may be "pro gun" but it is pro HUNTING gun (read "as long as they don't try to take away my deer rifle, I don't care about them Glock toters.")

  11. #11
    Regular Member Brimstone Baritone's Avatar
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    mdgary wrote:
    "Montgomery Police Department just instituted (or is in the process of instituting) new policies regarding Open Carry"



    This is the part that made me think that....I didn't read anything about MWAG.

    Thanks
    Sorry if I wasn't clear enough. Maybe if I changed it to "regarding how they deal with people who Open Carry"?

    The point is, just because it is legal doesn't mean that some LEOs won't hassle you over it. I didn't know this was unique to Alabama, but I suppose it could be. :quirky

    And, by the way, all matters regarding handguns have been reserved to the state legislature. Any county or municipality that tries to restrict carry is actually breaking the law and not just violating a right. That is what we are working so hard to show these officers and sheriffs. Some people would jump straight to a lawsuit, but we here seem to have come to an informal agreement to try to educate before we punish.
    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"

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