• 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.

No OC in Birmingham, AL

K

Kirbinator

Regular Member
Joined
Jan 22, 2010
Messages
903
Location
Middle of the map, Alabama
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.
 
Brimstone Baritone

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
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.
 
eye95

eye95

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

AL Ranger

Regular Member
Joined
Apr 11, 2010
Messages
238
Location
Huntsville, Alabama, USA
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.
 
A

aadvark

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

AL Ranger

Regular Member
Joined
Apr 11, 2010
Messages
238
Location
Huntsville, Alabama, USA
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.
 
A

aadvark

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

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

aadvark
 
eye95

eye95

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

Kirbinator

Regular Member
Joined
Jan 22, 2010
Messages
903
Location
Middle of the map, Alabama
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.
 
Superlite27

Superlite27

Regular Member
Joined
Jul 12, 2007
Messages
1,277
Location
God's Country, Missouri
Kirbinator said:
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.
Click to expand...

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?
 
You must log in or register to reply here.
Top