• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

ALOC Members arrested on July 4th for lawful OC

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
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.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
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.
 

eb31

Regular Member
Joined
Sep 18, 2010
Messages
109
Location
Woodbridge, Va
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.


Well said.

That's the problem...all these wannabe superheros that think they are doing good are judt bringing negative attention and being counter production.

I open carry every time I leave me house...hell, I carry most of the time I'm in my house (up until I get ready to relax akd settle in for the night). I oc to and at: Walmart, Food Lion, gas station, Walgreens, my bank, local gun shop, shooting range, my sisters house, most peoples houses I know, church and on and on and on...

What I don't do is parade up and down a street, stand in front of businesses, have little pow wow's at Starbucks all with the sole intent of a) proving a point, b) getting attention, c) antagonizing and/or causing conflict with police and anti- carry ppl or d) all of the above.

I carry for actual self defense. not just to stick my tongue out at ppl and show off my entire gun collection strapped to my waist, back, ass and anywhere else you can think to stick one.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Well said.

That's the problem...all these wannabe superheros that think they are doing good are judt bringing negative attention and being counter production.

I open carry every time I leave me house...hell, I carry most of the time I'm in my house (up until I get ready to relax akd settle in for the night). I oc to and at: Walmart, Food Lion, gas station, Walgreens, my bank, local gun shop, shooting range, my sisters house, most peoples houses I know, church and on and on and on...

What I don't do is parade up and down a street, stand in front of businesses, have little pow wow's at Starbucks all with the sole intent of a) proving a point, b) getting attention, c) antagonizing and/or causing conflict with police and anti- carry ppl or d) all of the above.

I carry for actual self defense. not just to stick my tongue out at ppl and show off my entire gun collection strapped to my waist, back, ass and anywhere else you can think to stick one.

I hope that you are not implying that the two people who are the subject of this thread are "wannabe superheros." To me, it sounds that way.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
It is hard not to parade a Firearm for those who have to walk, such as myself.
Furthermore, regardless of what you do, any Person that does not like Firearms WILL Equate the simple possesion of a Firearm as the basis for 'ShowCasing' the Firearm off while in Public.
Not that anything was directed towards me..., I am just making the comment.
 

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
I wanted to be a superhero, but I didn't look good in spandex, and there was nowhere to keep my wallet. I OC almost everywhere I carry, but I don't think I'm a show-off about it. I will admit to having a political/educational motivation, but I would carry even if I didn't.

However, if you happen to have political/educational goals, it is easier to accomplish them as a group than as individuals. For instance, not many people notice my empty holster when I'm on University property, but when there is an 'empty-holster' protest more people take note. Both aim to accomplish the same goal, but it is better accomplished with more people acting in concert.
 

Jonathon Sometimes

Regular Member
Joined
Jun 20, 2008
Messages
214
Location
Birmingham, Alabama, USA
Alright, some news..

Today was our court date, I couldn't make it, but my lawyer said he could just go and it would be fine.

Matthew's charge was dropped immediately and his permit and gun were returned today.

My trial date was set for MARCH 9th, 2011!!!!!!!!!!

They are trying to torment me as much as legally possible.

That means, even though I will be found innocent,:

A. My AK, my Glock 17, and my Grandfather's revolver will stay in ICE lockup until at least March.
B. I won't get my permit back until March, or maybe not at all.
C. If I'm arrested on any charge, I go to jail until March.

My lawyer has guessed that if I were to sign a document saying that I will not OC a rifle, he could probably get the charges dropped tomorrow. As you have guessed, I will never do that.

I probably won't OC a rifle again for a long long time if ever, but I will DEFINITELY not just give up my right to do so.

This is a war of attrition now and I will never give in.

Will keep ya'll posted.
 

AL Ranger

Regular Member
Joined
Apr 11, 2010
Messages
238
Location
Huntsville, Alabama, USA
Looking forward to the battle

I'm glad for Matthew and sorry that Jonathon has to live this out for a few more months. So much for a "speedy trial"! Unfortunately, for the city of B'ham, they picked the wrong dude to challenge as Jonathon is in this for the long haul. Go get 'em, Jonathon! We got your back! Anyway we can help, let us know! I would like to get all the members available to show up in court with empty holsters as a show of solidarity.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
My letter to the editor in the local paper today:

Legality of open carry undisputed

The city of Montgomery has recently acknowledged that the open carry, or OC, of a properly holstered firearm is legal in Alabama. The sheriff is also on record agreeing that OC is legal.

Unfortunately, Birmingham is not so enlightened about the rights of citizens in Alabama. On July 4, Birmingham officers arrested two people for lawful OC. Since they could not be charged with violating any Alabama firearms laws, the citizens were charged with disorderly conduct.

Clearly, the Birmingham authorities know that they are on thin ice. The charges have been dropped for one of the two. Unfortunately, they are proceeding against the second.

Kudos to the Montgomery Police Department for researching the issue and officially recognizing the lawfulness of OC. Shame on the Birmingham PD and prosecutors for using the disorderly conduct law to circumvent the right to keep and bear arms.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
eye95:

Is Birmingham aware of Alabama Code 1975 11-45-1.1 AND Alabama Code 1975 11-80-11?

Furthermore, is Birmingham aware of Alabama Attorney General Opinion [will update later]?

aadvark
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Preemption?

They claim to be, but clearly are not.

Jonathon, the person of whom I wrote in my letter who is still facing DC charges has spoken to the city council on numerous occasions on that very topic. At one of the meetings (I joined Jonathon at that meeting), they actually tried to blame their local policy prohibiting firearms in City Hall on the State, saying that pre-emption stopped them from doing anything about the ban in City Hall. :banghead:

However, preemption won't be pertinent in Jonathon's case. He is charged with disorderly conduct specifically because he cannot be charged with a gun crime.

Montgomery learned about OC quickly when they stopped me. The courts did not have to be involved. Since Birmingham is too foolish to keep the court system out of it, I hope they get positively nailed once the civil courts get involved. I hope Jonathon and Con1 get nice paydays outta this.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
Unfortunately..., there are SOME People who just have to learn the hard way in life.
Additionally, I have never heard any such non-sense as, '... [P]reemption estoppes us from Repealing a clearly Illegal City Hall Firearms Ban.'
 

Kirbinator

Regular Member
Joined
Jan 22, 2010
Messages
903
Location
Middle of the map, Alabama
Montgomery learned about OC quickly when they stopped me. The courts did not have to be involved. Since Birmingham is too foolish to keep the court system out of it, I hope they get positively nailed once the civil courts get involved. I hope Jonathon and Con1 get nice paydays outta this.

Birmingham has always been that stupid. No one learned anything after the dogs and firehoses incident; the city government changed colors but still -- no lessons learned.
 
Top