imported post
Hello, I am new here and wanted your opinions and experiences w/ your local DAs.
I live in Calhoun County and sent the following two letters to Joe Hubbard our DA.The first letter was sent in AUG 09 and the second in APR 10. As yet, I have been completely blown off by the DA's office.:?
Has anyone else had a similar experience w/ Mr. Hubbard or your local DA? Thanks.
The text of the two letters is posted below:
QUOTE
August 20, 2009
Joseph D. Hubbard
District Attorney
Calhoun County Courthouse
25 W. 11th Street, Ste. 400
Anniston, AL 36201-4537
Dear Mr. Hubbard,
I am writing you with some questions concerning the open carry of firearms in the state of Alabama.
I have reviewed the Alabama Code concerning the OPEN carry of firearms and cannot find any statutes specially addressing this action. Title 11 addresses many requirements to include concealed carry (13A-11-74) and vehicle carry. Carrying a weapon in plain view is not referenced.
To further complicate matters, on the reverse of pistol permits issued by the Calhoun County Sherriff, it is written, “This permit does not permit you to carry a gun openly.”
As far as my limited research can determine, a permit is not required for open carry. I also discovered Alabama Attorney General Opinion 1984-00205, dated March 22, 1984 (attached). In this opinion, Assistant Attorney General Bernard F. Sykes states,
1. A person afoot carrying an unconcealed pistol needs no license or permit.
2. A license is required to carry a pistol in a vehicle.
3. A license is required to carry a concealed pistol on or about the person.
4. It is an offense for a person who has no license thereof (except on his land, abode or place of business):
a) to carry a pistol in any vehicle; or
b) to carry a pistol concealed on or about his person.
My question is threefold;
1. Is it legal for an individual to carry a pistol unconcealed in the state of Alabama?
2. Is a specific permit required for open carry?
3. If legal, are local and state law enforcement officials informed and educated in the legality of the act?
I have heard of citizens who are openly carrying a pistol, being harassed and charged with disorderly conduct (13A-11-7), I have also heard of citizens being told by law enforcement officials, outside of your district, that open carry is in fact illegal.
State vs. Reid, Morris vs. State, Looney vs. State, K.J. vs. State, and Attorney General Opinion 2007-054 might provide some insight to this issue.
Thank you very much for your time and service. I look forward to your response.
Sincerely,
James H
April 13, 1010
Joseph D. Hubbard
District Attorney
Calhoun County Courthouse
25 W. 11th Street, Ste. 400
Anniston, AL 36201-4537
Dear Mr. Hubbard,
Last August I sent you a letter with some questions concerning the legality of the OPEN carrying of a firearm in the state of Alabama. As of yet, I have not received a response. I am fearful that the original letter must have been lost, misplaced, or not made it to your office; therefore, I am including a copy of the original correspondence.
This issue has become even more confusing due to the fact that CBS channel 42, in Birmingham, had recently done several stories on the issue of open carry in Alabama.
The first story was aired on March 11, 2010. In the story it is said that open carry is, in fact, legal in this state. Chief Deputy Randy Christian of the Jefferson County Sheriff’s Department is also interviewed for the story.
This was followed up with an April 11[suP]th[/suP] story about an “open carry blood drive” that was conducted in Hoover on April 10, 2010. In this story, many people were openly displaying holstered pistols and revolvers in public and once again it was affirmed that open carry of a pistol is legal in the state of Alabama.
Links to these news videos are listed below:
http://www.cbs42.com/content/localnews/story/Open-Carry-Firearms/vIibfancOkOJUj5hCOpIuQ.cspx
http://www.cbs42.com/content/localnews/story/Open-Carry-Gun-Owners-Speak-Out/1wkaqU4Zj0yb7Zsqr3lafQ.cspx
As I wrote in my original correspondence of August 20th, I have three questions:
1. Is it legal for an individual to carry a pistol unconcealed in the state of Alabama?
2. Is a specific permit required for open carry?
3. If legal, are local and state law enforcement officials informed and educated on the legality of the act?
Please feel free to respond by emailor by traditional mail.
Thank you very much for your time and service. I look forward to your response.
Sincerely,
James H
END QUOTE
Hello, I am new here and wanted your opinions and experiences w/ your local DAs.
I live in Calhoun County and sent the following two letters to Joe Hubbard our DA.The first letter was sent in AUG 09 and the second in APR 10. As yet, I have been completely blown off by the DA's office.:?
Has anyone else had a similar experience w/ Mr. Hubbard or your local DA? Thanks.
The text of the two letters is posted below:
QUOTE
August 20, 2009
Joseph D. Hubbard
District Attorney
Calhoun County Courthouse
25 W. 11th Street, Ste. 400
Anniston, AL 36201-4537
Dear Mr. Hubbard,
I am writing you with some questions concerning the open carry of firearms in the state of Alabama.
I have reviewed the Alabama Code concerning the OPEN carry of firearms and cannot find any statutes specially addressing this action. Title 11 addresses many requirements to include concealed carry (13A-11-74) and vehicle carry. Carrying a weapon in plain view is not referenced.
To further complicate matters, on the reverse of pistol permits issued by the Calhoun County Sherriff, it is written, “This permit does not permit you to carry a gun openly.”
As far as my limited research can determine, a permit is not required for open carry. I also discovered Alabama Attorney General Opinion 1984-00205, dated March 22, 1984 (attached). In this opinion, Assistant Attorney General Bernard F. Sykes states,
1. A person afoot carrying an unconcealed pistol needs no license or permit.
2. A license is required to carry a pistol in a vehicle.
3. A license is required to carry a concealed pistol on or about the person.
4. It is an offense for a person who has no license thereof (except on his land, abode or place of business):
a) to carry a pistol in any vehicle; or
b) to carry a pistol concealed on or about his person.
My question is threefold;
1. Is it legal for an individual to carry a pistol unconcealed in the state of Alabama?
2. Is a specific permit required for open carry?
3. If legal, are local and state law enforcement officials informed and educated in the legality of the act?
I have heard of citizens who are openly carrying a pistol, being harassed and charged with disorderly conduct (13A-11-7), I have also heard of citizens being told by law enforcement officials, outside of your district, that open carry is in fact illegal.
State vs. Reid, Morris vs. State, Looney vs. State, K.J. vs. State, and Attorney General Opinion 2007-054 might provide some insight to this issue.
Thank you very much for your time and service. I look forward to your response.
Sincerely,
James H
April 13, 1010
Joseph D. Hubbard
District Attorney
Calhoun County Courthouse
25 W. 11th Street, Ste. 400
Anniston, AL 36201-4537
Dear Mr. Hubbard,
Last August I sent you a letter with some questions concerning the legality of the OPEN carrying of a firearm in the state of Alabama. As of yet, I have not received a response. I am fearful that the original letter must have been lost, misplaced, or not made it to your office; therefore, I am including a copy of the original correspondence.
This issue has become even more confusing due to the fact that CBS channel 42, in Birmingham, had recently done several stories on the issue of open carry in Alabama.
The first story was aired on March 11, 2010. In the story it is said that open carry is, in fact, legal in this state. Chief Deputy Randy Christian of the Jefferson County Sheriff’s Department is also interviewed for the story.
This was followed up with an April 11[suP]th[/suP] story about an “open carry blood drive” that was conducted in Hoover on April 10, 2010. In this story, many people were openly displaying holstered pistols and revolvers in public and once again it was affirmed that open carry of a pistol is legal in the state of Alabama.
Links to these news videos are listed below:
http://www.cbs42.com/content/localnews/story/Open-Carry-Firearms/vIibfancOkOJUj5hCOpIuQ.cspx
http://www.cbs42.com/content/localnews/story/Open-Carry-Gun-Owners-Speak-Out/1wkaqU4Zj0yb7Zsqr3lafQ.cspx
As I wrote in my original correspondence of August 20th, I have three questions:
1. Is it legal for an individual to carry a pistol unconcealed in the state of Alabama?
2. Is a specific permit required for open carry?
3. If legal, are local and state law enforcement officials informed and educated on the legality of the act?
Please feel free to respond by emailor by traditional mail.
Thank you very much for your time and service. I look forward to your response.
Sincerely,
James H
END QUOTE