We are confident of a favorable outcome considering the previous pro-RKBA bent of the legislature and its significant further move in that direction this past November. Here is the final-final version of the changes we are requesting. All that remains is placing it in a form for submission by the sponsors.
Highlights: Repeal -52, an anachronism, superseded by -73, that serves no purpose other than to confuse LEOs (and me, as of about a year ago) into thinking that OC is illegal. Repeal the carry at a demonstration ban that served only as an excuse to harass lawful gatherings of open carriers. Specifically prohibit the use of disorderly conduct laws to arrest a lawfully armed carrier. And, finally, remove the requirement to have a CPL to carry in your car.
Here is a PDF with the specifics of the changes to the code: http://alabamaopencarry.com/forum/in...8.0;attach=778
Last edited by eye95; 02-11-2011 at 07:44 AM.
Remember, that Alabama Code 1975 still has these Codes:
1. 13A-6-23, concerning Menacing, AND
2. 13A-6-24, concerning Reckless Endangerment.
Please Include, in Your Proposal to The Alabama Legislature, that They Clarify that Open Carry does not Constitute either of these above Aforementioned Charges either.
Mike: Auburn has changed its law. To my knowledge, no one has attempted to carry there yet. Birmingham is still on hold awaiting Jonathon's trial. We have kept the issue in front of the city council, but want to take the DC hammer out of their hands before mounting any serious challenge.
I am Well Aware of The Exsistence of Alabama Open Carry, and I Frequent its Website often.
Thank You for Your Compliment concerning my InSight.
I Propose the following Legislation:
Alabama Code 13A-3-32.———
Defensive Display of a Firearm.———
(a) A Person is Justified in The Defensive Display of a Firearm by Defensively Displaying a Firearm to any Threat, Actual or Perceived, Enumerated under Sub-Sections: (1), (2), (3), or (4), of Paragraph (a) of Alabama Code 1975 13A-3-23; or Sub-Section (2) of Paragraph (b) of Alabama Code 1975 13A-3-25; or to Prevent any Crime Enumerated under Alabama Code 1975 13A-3-26.
(b) For the Purposes of Paragraph (a) of this Code, The Term ‘Defensive Display’ of a Firearm includes, without Limitation:
(1) Actually Aiming or Pointing a Loaded or UnLoaded Firearm at a Person who is Engaged in any Criminal Act Enumerated under Paragraph (a) of this Code, by any Person is Enumerated under Paragraph (b) of Alabama Code 1975 13A-3-23, OR
(2) Reaching into any: Briefcase, Container, Place, Purse, or any other Transportation Device wherein a Firearm, Loaded or UnLoaded, may well be found, in an Effort to Warn any Person is Engaged in any Criminal Act Enumerated under Paragraph (a) of this Code, OR
(3) Actually Declaring to any Person who is Engaged in any Criminal Act Enumerated under Paragraph (a) of this Code, that such Victim is Actually Armed with a Firearm, Loaded or UnLoaded, and that such Victim Actually Possesses or has Available to Him or Her a Firearm.
(c) Any Person who Acts in Accordance with The Provisions of Paragraph (b) of this Code Section, and who, does so to Prevent or Thwart any Criminal Act Enumerated under Paragraph (a) of this Code Section, shall have the same Immunity as Afforded to Public Servants under Alabama Code 13A-3-22.
(d) The Alabama Legislature hereby Declares The Provisions of this Code Section to be Uniformly Applicable on a State-wide Basis, and, therefore, The Provisions of this Section are Incorporated under Article 2 of Title 13A of The Official Code of Alabama 1975, and hereby are further Declared Preempted, in Accordance with Alabama Code 1975 11-45-1.1 and Alabama Code 11-80-11.
Last edited by aadvark; 02-12-2011 at 02:34 PM.