Press register - Baldwin County Sheriff "Boss Hoss" Mack to enforce ille gun ban!

Press register - Baldwin County Sheriff "Boss Hoss" Mack to enforce ille gun ban!

This needs to be challenged ASAP - unlike other Counties' unofficial local yokel restrictions, this one is codified in ordinance and can be challenged directly in state court.

http://blog.al.com/live/2010/10/post_91.html

SNIP

BAY MINETTE, Alabama -- Baldwin County deputies will enforce a ban on handguns in public buildings even though the district attorney said part of the ordinance could be open to court challenge, Sheriff Huey “Hoss” Mack said Friday, the day the ordinance went into effect.

In a letter to Mack, District Attorney Judy Newcomb stated that the new ordinance that bans weapons, explosives, smoking, alcohol and other items might be unconstitutional when it comes to handguns. Newcomb said the ordinance’s handgun ban could be legally challenged.

Mack said, however, that his office will enforce all of the restrictions.

. . .

This is black-letter law. Yet, the article makes it sound like some convoluted issue on which the courts could go either way. If a court challenge is raised to the Baldwin ordinance, the handgun portion will be struck down. Period. :banghead:

The problem being if. Do we have anyone in Baldwin County who might have standing?

The Baldwin County Ordinance Prohibiting Firearms in County Buildings is Preempted under Alabama Code 1975 11-45-1.1 AND Alabama Code 1975 11-80-11.

Alabama Code 1975 11-45-1.1 reads:
Subject Matter of Handguns Reserved to State Legislature...
No Incorporated Municipality shall have the Power to Enact any Ordinance, Rule, or Regulation which shall Tax, Restrict, Prevent, or in any way Affect the Possession or Ownership of Handguns by the Citizens of this State. The Entire Subject Matter of Handguns is Reserved to the State Legislature...
(Acts 1982, No. 82-442, p. 694, §1; Acts 1994, No. 94-635, p. 1195, §1.)

Alabama Code 1975 11-80-11 reads:
(a) No County or Municipal Corporation, Instrumentality, or Political Subdivision thereof, by Ordinance, Resolution, or other Enactment, shall Regulate in any Manner Gun Shows, the Possession, Ownership, Transport, Carrying, Transfer, Sale, Purchase, Licensing, Registration or Use of Firearms, Ammunition, Components of Firearms, Firearms Dealers, or Dealers in Firearm Components...
(b)(1) Subsection (a) does not Affect the Authority a Municipality has under Law to Regulate the Discharge of Firearms within the Limits of the Municipality or the Authority a County has under Law[,] Enacted prior to August 1, 2000[,] to Regulate the Discharge of Firearms within the Jurisdiction of the County.
(Act 2000-762, p. 1744, §1.)

Relevant Opinions:

Alabama Attorney General Decision 2001-267:
http://www.handgunlaw.us/documents/agopinions/ALAGOP2001267CityWorkersandGuns.pdf

Alabama Attroney General Decision 84-00205:
http://www.handgunlaw.us/documents/agopinions/ALAGOp8400205OOpenCarry.pdf

Relevant Court Cases:

K.J. v. State at: http://www.alabamaopencarry.com/docs/kjvstate.pdf
Looney v. State: http://www.alabamaopencarry.com/docs/looneyvstate.pdf
Morris v. State: http://www.alabamaopencarry.com/docs/morrisvstate.pdf
State v. Reid: http://www.alabamaopencarry.com/docs/statevreid.pdf
Isaiah v. State: http://www.alabamaopencarry.com/docs/isaiahvstate.pdf
Jakes v. State: http://www.alabamaopencarry.com/docs/jakesvstate.pdf
Andalusia v. Mathis: http://www.alabamaopencarry.com/docs/andaulusiavstate.pdf

For a Court Case regarding The Preemption Statutes under The Code of Alabama 1975, as enumerated:
http://www.alabamaopencarry.com/docs/640_So._2d_16,_1994_Ala._LEXIS_34,_.PDF