Results 1 to 10 of 10

Thread: No OC in Birmingham, AL

  1. #1
    Regular Member
    Join Date
    Jan 2010
    Location
    Urban Skeet City, Alabama
    Posts
    897

    No OC in Birmingham, AL

    We have received information from sources believed to be reliable that anyone who is observed openly carrying a firearm by "certain" police officers of the Birmingham Police Department WILL BE ARRESTED and charged with Disorderly Conduct.

    Despite provisions in the constitution as well as case law affirming the right to own and carry (keep and bear) arms, some individuals in city government have decided exercising these civil rights fulfills the criteria for a Disorderly Conduct charge. Until Birmingham v. Norris is heard in March, the city believes they can arrest anyone for this charge for being armed in public.
    It takes a village to raise an idiot.

  2. #2
    Regular Member Brimstone Baritone's Avatar
    Join Date
    Mar 2010
    Location
    Leeds, Alabama, USA
    Posts
    786
    They can arrest anyone they want for anything they want, and they intend to. Birmingham v. Norris will show whether they can make their bogus charges stick, or that they can't waste our time, money, and good name with impunity.

    Part of me wishes we could all go down there and clog their cells and their courtrooms until they learned the error of their ways, but the pragmatic part of me realizes it's hard to make a house payment on idealism.

  3. #3
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063
    Actually, the city (and hopefully a few officers) will learn after Norris v. Birmingham, the civil suit following the attempted criminal prosecution, that they cannot harass OCers, at least not without a consequence.

    Hey, BPD officers! Recommended reading: St. John v. McColley. Your qualified immunity CAN be pierced. So be careful of what your "superior" officers order you to do.

  4. #4
    Regular Member AL Ranger's Avatar
    Join Date
    Apr 2010
    Location
    Huntsville, Alabama, USA
    Posts
    238
    It appears that some governments just won't learn a lesson until it costs them some money in fines or political embarassment or both. I am anxiously looking forward to March and hope to be in the courtroom watching this battle unfold.
    Check out my home page @ www.alabamaopencarry.com and Carry On!

  5. #5
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    Birmingham is Preempted by Albama Code 1975 11-45-1.1 AND Alabama Code 1975 11-80-11.
    Any Arrest Resulting from The Lawful Carrying of a Firearm in Birmingham surely would Result in a LawSuit.
    Last edited by aadvark; 12-28-2010 at 12:01 PM.

  6. #6
    Regular Member AL Ranger's Avatar
    Join Date
    Apr 2010
    Location
    Huntsville, Alabama, USA
    Posts
    238
    We are working on those things, Aadvark. We have a case going through the courts right now that will be decided in March. We have a group actively growing and motivated in and around B'ham to fight this problem. Our biggest setback, at the moment, is that our organization is too small to make much difference but we are making some. We are on the radar of the local government so we know they are watching. We will make changes in B'ham but it will take time since we do it legally. We will work to make them admit their mistakes and get in line with established state law.
    Check out my home page @ www.alabamaopencarry.com and Carry On!

  7. #7
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    ALRanger:

    I Trust that you will Correct Birminghams' Err in Judgment concerning this Matter.

    aadvark

  8. #8
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063
    It is beginning to appear that the "policy statement" was just a matter of a small number of rogue officers blowing smoke. Still, I would be extra cautious about carrying openly in Birmingham until after Mr. Norris wins his case. There are at least some officers on B'ham who are hell-bent on enforcing an open carry ban that does not exist.

  9. #9
    Regular Member
    Join Date
    Jan 2010
    Location
    Urban Skeet City, Alabama
    Posts
    897
    Speaking on my own behalf and only for myself, I have no interest in turning Mr. Norris's possible punitive award into a class-action lawsuit award, where only the attorneys collect.
    It takes a village to raise an idiot.

  10. #10
    Regular Member Superlite27's Avatar
    Join Date
    Jul 2007
    Location
    God's Country, Missouri
    Posts
    1,279
    Quote Originally Posted by Kirbinator View Post
    Speaking on my own behalf and only for myself, I have no interest in turning Mr. Norris's possible punitive award into a class-action lawsuit award, where only the attorneys collect.
    I'm pretty sure the point of a punitive suit isn't about who collects......

    It's about who pays.

    Otherwise, why is the term "punitive" used?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •