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Thread: ALOC Members arrested on July 4th for lawful OC

  1. #1
    Regular Member Jonathon Norris's Avatar
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    ALOC Members arrested on July 4th for lawful OC

    Can't post details right now, but weapons were seized, and we were charged with Disorderly Conduct. We are in contact with a pro-2A lawyer, and more details when we are advised we can release them.
    A wayfarer should not walk unarmed,
    But have his weapons to hand:
    He knows not when he may need a spear,
    Or what menace meet on the road.

    - Odin
    The Havamal

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    I have an irresistible urge to demand details, but I understand the position that you are in.

    Where's the wall-punching smiley?

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    Regular Member FedFirefighter's Avatar
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    Well, ya know we are all here for you both, just say when and whatcha need. It'll all work out in the long run. Keep us posted.

  4. #4
    Regular Member Jonathon Norris's Avatar
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    Thanks for the support

    If and when it becomes prudent to call and/or email, we'll let cha know. I want to release the hounds on em so bad!
    A wayfarer should not walk unarmed,
    But have his weapons to hand:
    He knows not when he may need a spear,
    Or what menace meet on the road.

    - Odin
    The Havamal

  5. #5
    Newbie Deacon Blues's Avatar
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    I hate that this is the way our cause is advanced, but I'm glad it has bolstered your resolve. Expect support when details emerge!

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    Regular Member Mas49.56's Avatar
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    Nothing like a little tyranny during Americas 234th birthday! Let me know if I can help at all.

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    Honestly, did you expect the city at the seat of the Civil Rights Struggle to respect your rights? Be glad they didn't didn't bring The Boys, The Dogs, and the firehoses.
    It takes a village to raise an idiot.

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    I agree with Deacon Blues, it is regrettable that this is the only way to advance our rights. Good luck, Gentlemen, and I assume you will post details and any need for donations here?

    Jay

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    Newbie Deacon Blues's Avatar
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    Here's the portion of the AL code relevant to disorderly conduct:
    Quote Originally Posted by Section 13A-11-7
    (a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
    (1) Engages in fighting or in violent tumultuous or threatening behavior; or
    (2) Makes unreasonable noise; or
    (3) In a public place uses abusive or obscene language or makes an obscene gesture; or
    (4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or
    (5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or
    (6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse.
    (b) Disorderly conduct is a Class C misdemeanor.
    So, what could they possibly be trying to pin on our guys? Threatening behavior? Refusal to disperse?

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    Hey, I wouldn't worry about it. The way the DOJ is working these days, throwing out black panther voter intimidation cases then this is an open and shut case! (sarchasm-in case you couldn't tell)

    I'm in for a few bucks and or time to help you.

    Good luck!

  11. #11
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by Deacon Blues View Post
    Here's the portion of the AL code relevant to disorderly conduct:So, what could they possibly be trying to pin on our guys? Threatening behavior? Refusal to disperse?
    I suppose the mere possession of an openly carried weapon could be considered a "Threat".... if you're someone who sees everyone that's not in your gang one of 'Them' instead of 'us'.

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    Hope all goes well. I'll be monitoring this thread to find out what can be done to help.

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    Choose your attorney carefully. One who will not only defend you but will file suit to recover damages after the not guilty verdict in a jury trial. One who adamently believes in your cause. The city court level is a joke in Alabama, the city appointed judge sits at the pleasure of the local ellected officials who dictate to him how to rule to protect the interests of the city. Expect to lose in city court. Go in expecting to appeal with a trial by jury. There you will win.
    Be prepared to spend years in legal turmoil, thousands in fees, suffer the shame and humiliation of an arrest record for life. Never forget your self-esteem, you did nothing wrong. Keep your head up.
    You will suffer depression and anxiety over this life changing event. Do not let it kill you. Do not be ashamed to seek medication from a physician, this will actually help your legal case later.
    What doesn't kill you really does make you stronger.
    Pray to your God for help, whatever you percieve him to be, and thank him for his help.
    Approach this problem with the long term goal of validating your actions by winning in a civil suit against those responsible for this harm that has been done to you.
    God bless you, and do not let this incident keep you from carrying, openly.
    If the only weapon you own was confiscated, let this group know immediately, you will have another soon.
    Last edited by AirBear; 07-06-2010 at 08:48 AM.

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    Regular Member riverrat10k's Avatar
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    with intent----recklessly creating a reish therof

    (a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:


    Key phrases. very difficult to establish intent if you just state "I carry everywhere I go." They may try the "recklessly creating risk" angle. That sounds open-ended enough to convict anybody of anything if they want to bad enough.
    Last edited by riverrat10k; 07-06-2010 at 12:18 PM. Reason: Reish? sheesh weird software

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    Quote Originally Posted by Kirbinator View Post
    Honestly, did you expect the city at the seat of the Civil Rights Struggle to respect your rights? Be glad they didn't didn't bring The Boys, The Dogs, and the firehoses.
    "Civil rights laws were not passed to protect the rights of white men and do not apply to them."
    --Mary Frances Berry, Chairman, US Commission on Civil Rights.

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    I've been openly carrying in the Mobile area and have a voice recorder and Sony camera with video capability at the ready, if stopped.

    I've been passed several times while riding my bike by marked and unmarked Mobile City police officers. So far no problem, but I'm not looking for any problems either. Just me engaging in lawful behavior with one lawfully owned and holstered firearm on my hip.

    I would be very interested in hearing the facts of this situation and how they might affect my lawful, open carry. I wish those involved the absolute best.

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    Should I expect to see a new report on tv?

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    Alabama Law prohibits carry at demonstrations

    Section 13A-11-59
    Possession of firearms by persons participating in, attending, etc., demonstrations at public places.

    (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, except in those instances where the context clearly indicates a different meaning:

    (1) DEMONSTRATION. Demonstrating, picketing, speechmaking or marching, holding of vigils and all other like forms of conduct which involve the communication or expression of views or grievances engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. Such term shall not include casual use of property by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.

    (2) FIREARM. Any pistol, rifle, shotgun or firearm of any kind, whether loaded or not.

    (3) LAW ENFORCEMENT OFFICER. Any duly appointed and acting federal, state, county or municipal law enforcement officer, peace officer or investigating officer, or any military or militia personnel called out or directed by constituted authority to keep the law and order, and any park ranger while acting as such on the grounds of a public park and who is on regular duty and present to actively police and control the demonstration, and who is assigned this duty by his department or agency. Such term does not include a peace officer on strike or a peace officer not on duty.

    (4) PUBLIC PLACE. Any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. Such term shall include the front or immediate area or parking lot of any store, shop, restaurant, tavern, shopping center or other place of business. Such term shall also include any public building, the grounds of any public building, or within the curtilage of any public building, or in any public parking lot, public street, right-of-way, sidewalk right-of-way, or within any public park or other public grounds.

    (b) It shall be unlawful for any person, other than a law enforcement officer, to have in his or her possession or on his or her person or in any vehicle any firearm while participating in or attending any demonstration being held at a public place.

    (c) It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was in possession of any firearm. This subsection shall not apply to any person in possession of or having on his or her person any firearm within a private dwelling or other private building or structure.

    (d) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided by law.
    (Acts 1979, No. 79-455, p. 743; Code 1975, §13-6-131.)

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    The members were not at a demonstration. Nor were they charged under that law because the LEOs knew they were not violating that law.

    I notice that you are new here. Welcome. Be aware that we regularly read the AL Code and are very familiar with the section that you cited.

    So, are you an open carrier?

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    Wow, well let me reiterate the sentiments on here! We're obviously supporting you on this all the way... I'm no rich man, and I'm sure most of us are not. But legal fees and hoops to jump through can get expensive and we can probably put a good dent in helping out if we all chip in. You just let us know if it's needed or any other help that can be provided! I'm certainly willing to give to help out where I am able!

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    Quote Originally Posted by NathanForrest View Post
    "Civil rights laws were not passed to protect the rights of white men and do not apply to them."
    --Mary Frances Berry, Chairman, US Commission on Civil Rights.
    Hai! I am a troll!
    It takes a village to raise an idiot.

  22. #22
    Regular Member TFred's Avatar
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    Quote Originally Posted by NathanForrest View Post
    "Civil rights laws were not passed to protect the rights of white men and do not apply to them."
    --Mary Frances Berry, Chairman, US Commission on Civil Rights.
    Confirmed during recent Congressional testimony by DoJ whistle-blower J. Christian Adams, and almost universally ignored by all the usual liberal mainstream media outlets.

    TFred

  23. #23
    Regular Member Brimstone Baritone's Avatar
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    But the matter of firearms regulation has been reserved to the state legislature, so counties, cities, and other local governments don't have the legal authority to restrict or harass open carriers unless they are actually breaking a law.

    See 11-45-1.1 and 11-80-11 for reference.

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    If one is going to agitate for one's rights, one ought to read the law. Cities and counties are specifically prohibited from making gun law. Period.

    The only possible exception (which in many cases might not withstand court challenge) would be qualifications or restrictions on concealed carry permits. Concealed carry.

  25. #25
    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by Kirbinator View Post
    Hai! I am a troll!
    Stating documented facts is not trolling.

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