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Tuscaloosa County Sheriff's FAQ Page Is Misleading

Dianosis

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Taken from their FAQ page here http://www.tcsoal.org/faq.php :

May I carry my pistol on my person in open view of the public providing I have obtained a Tuscaloosa County license?

ANSWER: No. The license only allows you to carry the pistol concealed.


Gives the impression OC is illegal. I'll be sending my email shortly they seem open to feedback, taken from their site:

Your comments, suggestions, and questions regarding your Sheriff's Office are always welcome and valuable to our success. Take time to visit the many features of the site and then complete the comments section or complete the Customer Survey so we can continue the effort of making the Sheriff's Office even more accessible to the people we serve. Please feel free to contact me by phone at (205) 752-0616, by mail at 714 1/2 Greensboro Avenue, Tuscaloosa, Alabama 35401, or E-mail at sheriff@tcsoal.org

There is also a Customer Survey you can fill out to let them know how well your concerns were handled: http://www.tcsoal.org/customer_survey.php
 

aadvark

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He has been doing this for a while, and several other County Sheriffs Websites all say the same tired old line.
 

Deacon Blues

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I asked for a "clarification of your department's position" in the least aggressive way I could think of.

One Sheriff at a time...
 

cowboy67

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Here is the response I received from the Sheriffs department...



Dear Mr XXX:

I am pleased that you found our website useful and informative. We
strive to provide our community with superior service in all aspects
of law enforcement.

We certainly appreciate your correspondance but we neither accept nor
prepare legal opinions. Again, thank you for sharing your opinion on
Alabama law but, we already have legal representation. You should
feel free to consult with private legal counsel or the Attorney
General's office if you feel it necessary to verify your opinion of
the current status of Alabama law.

Sincerely,

Edmund M "Ted" Sexton

Sent from my iPhone

On Jun 21, 2010, at 6:31 PM, "Ted Sexton" [url=mailto:sheriff@tcsoal.org>sheriff@tcsoal.orgsheriff@tcsoal.orgmailto:sheriff@tcsoal.org>sheriff@tcsoal.org
 

eye95

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Let me translate that email for you:

"My mind is made up. Please don't bother me with the facts."
 

Dianosis

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Filled out their customer survey:

[font="Arial, Helvetica, sans-serif"]Gave them a POOR rating on everything that was applicable and left a few comments:

[/font]
[font="Arial, Helvetica, sans-serif"]3. Was the purpose of your contact addressed promptly and courteously?
- NO Wasn't addressed at all.

[/font]
[font="Arial, Helvetica, sans-serif"]4.How would you rate the initial contact?
- POOR No response was given to my concerns, nor were they addressed in any way.

[/font]
[font="Arial, Helvetica, sans-serif"]7.How would you rate the courtesy of the sheriff's office representative(s) on the scene?
- POOR There was no scene, but a lack of response is certainly not courteous!

[/font]
[font="Arial, Helvetica, sans-serif"]18.How could the sheriff's office have improved their service to you in this incident?

1. A timely response would have been appreciated.
2. A willingness to accept the information you are posting on your FAQ may be misleading or incorrect.
3. Lose the "My mind is made up. Please don't bother me with the facts." attitude.
4. Take a page from Montgomery PD who recently took a step back and vowed to retrain their department on how Open Carry is handled.
5. You don't get to pick and choose which laws to uphold because you don't agree with it.
[/font]
 

aadvark

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Write Him back and tell Him that His Website is wrong, and He knows that He is intentionally misleading the Public about Open Carry throughout Alabama.

Tuscaloosa County Sheriff's Office is one of MANY Sheriff Departments througout Alabama who think they are above Alabama Codes 1975 11-45-1.1 and 11-80-11.
 

cowboy67

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I will write him back with those questions. I sent a reply asking since he will not comment on the lawfulness of OC, then how does he teach his deputies to respond to OC. He has read my email as he sent a read reply. That is what happened when I sent my original email but he did not reply. Then I sent the 2nd and finally he/his agent replied. If I do not get a reply to my last one, I will re-send until he gets tired of my emails and finally replies.
 

aadvark

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Of course THEY did not get your last one....

...seems to me THEY are trying to dodge the bullet on this issue.
 

JohnH

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I too have been in contact with my local sheriffs office. Here is the letter I sent to them by email on June 5, 2010...

Recenty I have become aware that unconcealed carry of a handgun is legal in Alabama. I would like to meet with you to discuss what, if any, policies the Sheriff's Office has about this. I have been in discussion with and of the District Attorney's office about the matter.While legal, there seemsto be either misunderstandings or misinterpretaions of the laws around the open carrying ofhandguns, and I'd just like to "smooth any rough edges" before I docarry openly. It is certainly not my intention create trouble, I just simply wish to do that which the law allows without fear of being detained, harrased or arrested.

As well, that open carry is legal in Alabama is becoming more commonly known, and at some point it is reasonable to expect that someonefrom a different part of the state may pass through while carrying unconcealed.Our culture is changing, people are becoming more aware of what their freedoms are and more willing to take advantage of their freedom.

I would like to set an appointment, at a time convienient to you, so we could have what I would hope to be a friendly discussion of this.

I look forward to hearing from you, and our future meeting. Thank you for your time and consideration.

Sincerly,

John Haxton

(edited to leave out names and some personal info)


This is the reply I got on June 9, 2010


Hello

Mr. Haxton my name is Michael Edmondson I am the Chief Deputy here in Dekalb County and I received your email about open carry in our county. I just wanted to let you know that I have not forgotten about you but I am in the process of reviewing and looking over the state law about open carry. I would not want to give you the wrong advice on this matter. I will be back in contact with you and we will set up a meeting so you can come by and have a sit down meeting with myself and the Sheriff. If I can be of any help you can reach me at XXX_XXX_XXXX, this is my direct line here at the office you can reach me here be sure if I don’t answer leave me a message and I will return your call.

Thanks

Chief Deputy

Michael Edmondson

I replied that would be fine. Today is June 22, and I've heard nothing. I went back to their website http://www.dekalbcountysheriff.organd read up on their "Pistol Permits" pulldown, and this is what you get...

http://www.dekalbcountysheriff.org/Pistol%20Permits.html

Permits to carry a concealed weapon in the State of Alabama are issued by the Sheriff’s Office to persons over the age of 21. In order to obtain a permit or renew an expired permit, you must come to the Sheriff’s Office with your driver’s license or other picture identification. The Sheriff’s Office is required to run a criminal history on all persons requesting a pistol permit.

There are some people who are prohibited by certain State and Federal laws from obtaining a pistol permit:
1. No person who has been convicted of committing or attempting to commit a crime of violence;
2. No person who is a drug addict;
3. No person who is an habitual drunkard;
4. No person convicted of a felony or any degree of theft;
5. No person discharged from the armed forces under dishonorable conditions;
6. No person who has been adjudged by a court as mentally incompetent;
7. No citizen of the United States who has renounced his citizenship;
8. No person convicted of the Family Violence Act, even though the charge may be a misdemeanor;
9. No person illegally or unlawfully in the United States;
10. No person who has been convicted of an offense involving firearms;
11. No person who has been convicted of an offense involving explosives;
12. No person who is not deemed suitable or proper by the Sheriff’s Office.
It is important to remember that issuance of a pistol permit is at the discretion of the Sheriff’s Office.
The fee for obtaining a pistol permit is $25.00 for persons between the ages of 21-61, and $1.00 for persons aged 62 or older. This fee is payable by cash, check, or money order.
Pistol permits may be obtained Monday through Friday between the hours of 8 a.m. and 4 p.m.
In 2001, the State of Alabama passed legislation recognizing handgun licenses issued by other states provided that those states would recognize Alabama's pistol license. This allows residents of the State of Alabama who have a valid pistol permit to carry their weapon in any of these states, and also authorizes persons from these states to carry a pistol in Alabama. Click the following link to see a list of these states:List of States

(Bold italics is mine)

Any guesses why I ain't heard more?
 

Kirbinator

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The person to interface with is the county DA. The Attorney General of The State Of Alabama will not interface with the people of Alabama. He (or she) only interacts with officers of the State of Alabama.
 

Kingfish

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Kirbinator wrote:
The person to interface with is the county DA. The Attorney General of The State Of Alabama will not interface with the people of Alabama. He (or she) only interacts with officers of the State of Alabama.
But the Sheriff is the boot that will be on your neck. The conversation with the DA would come after the conversation with the Sheriff.
 

cowboy67

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More from Sheriff Sexton... and working on another reply...

From: "Ted Sexton" <sheriff@tcsoal.org>
Sent: Tuesday, June 22, 2010 2:19 PM
To: "'Jamesxxx
Subject: RE:

> On an individual case basis. I would once again suggest you seek further advise from an Attorney. Thx Sexton



-----Original Message-----
> From: James [mailto:]
> Sent: Monday, June 21, 2010 9:37 PM
> To: Ted Sexton
> Subject: Re:
>
> Thanks. Then how would your department respond to someone openly carrying in
> your county?
 

JohnH

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kingfish wrote:
Um...Right. AL is a MAY ISSUE state.


Not to be rude or challenging, read 13A-11-75, then read 11-45-1.1 and 11-80-11(a) then tell me ifyou still think a sheriff has the power in the state of Alabama to use thier "discreationery powers" to deny a CCLjust because they don't like open carry.
 

Kingfish

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JohnH wrote:
kingfish wrote:
Um...Right. AL is a MAY ISSUE state.


Not to be rude or challenging, read 13A-11-75, then read 11-45-1.1 and 11-80-11(a) then tell me ifyou still think a sheriff has the power in the state of Alabama to use thier "discreationery powers" to deny a CCLjust because they don't like open carry.
Not to be rude either but you might do well to put on a fresh pot of coffee and spend some time on the AL forum.


Here is the code section you are referring to. Could you point out where it says the Sheriff MUST issue or that the Sheriff does not have full latitude? Not only does the Sheriff get to say who is a "suitable person" but if your need does not fit then he MAY deny.

Section 13A-11-75 - License to carry pistol in vehicle or concealed on person - Issuance; fee; revocation; release of information.(a) The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his or her person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol, and that he or she is a suitable person to be so licensed. The license shall be in triplicate, in form to be prescribed by the Secretary of State, and shall bear the name, address, description, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall, within seven days, be sent by registered or certified mail to the Director of Public Safety, and the triplicate shall be preserved for six years by the authority issuing the same. The fee for issuing such license shall be one dollar ($1) which shall be paid into the county treasury unless otherwise provided by local law. Prior to issuance of a license, the sheriff shall contact available local, state, and federal criminal history data banks to determine whether possession of a firearm by an applicant would be a violation of state or federal law. The sheriff may revoke a license upon proof that the licensee is not a proper person to be licensed.
 

Kirbinator

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kingfish wrote:
But the Sheriff is the boot that will be on your neck. The conversation with the DA would come after the conversation with the Sheriff.
Well, the DA is responsible for prosecuting the cases generated by the Sheriff. If the sheriff creates a case that the DA won't prosecute because the sheriff didn't understand the law, then you have a case for wrongful arrest and can attempt to bankrupt the Sheriff's department of that county. You can talk to the DA today and find out HIS stance, and he WILL talk to you, whereas the State AG can only get involved if someone holding office writes him a letter (like say, a County Commissioner not up for re-election, a member of the local school board, etc. -- someone who won't be "hurt" by asking questions).
 
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