Kirbinator
Regular Member
http://alabamaopencarry.com/forum/index.php?topic=1397.390
"Short version for details as I will let someone else do all the intimate details: The judge basically ruled on a strict interpretation of -52, after reviewing all the case law, that it is illegal PERIOD to carry off of your own property. Since SBE admitted he carried into the bank, which was not his property, the judge found him to be guilty of the CRIME OF CARRYING. He TOTALLY overlooked 13A-11-55 in making this decision. "
"Well, since the Judge specifically ordered us to turn off all recording devices (because he has a thing about youtube, apparently), this is the best I can do from me and my wife's memory. You would think he would rather be quoted verbatim, but he's just going to have to live with what we say he said.
Some of this has already been stated, just trying to consolidate.
After reading the arguments and briefs of both sides, including one put together by some organization, and doing some "extensive" and "very interesting" research regarding the case, he came to the conclusion that the satute "apparently" makes it illegal to take a pistol onto the premises of another. Although he found the statute to be questionable, confusing, and vague (Yes, a judge actually used the magic word 'vague' regarding 13A-11-52), and even went so far as to say he thought it should be challenged, he said his hands were tied. He had to rule based on the statute.
He outlined the procedure for challenging the statute, and make it sound like he supported Jason, but then dropped the guilty verdict, that by then we all knew was coming, with a fine of $50. (How he came to that, we don't know.) He then outlined the procedure for appeal, and what would happen if Jason chose not to appeal or to pay the fine (jail, duh).
Then it got good. (Bad?)
He said he wished Jason had chosen another municipality to be his test case (WTF?). He pointed out that the appeal would waste city resources (which, presumably, would be better spent on people like Security Guard Clayton). He alluded that Jason was welcome to press the appeal if he felt he was in an adequate financial situation (another WTF!).
For the record, Jason posted his appeal bond before we were finished picking up our collective jaws outside the courtroom. Oh, and the judge is right about one thing. This is going to wind up costing the city of Jacksonville.
"
Consider Jacksonville, Alabama hostile to open-carrying and/or lawfully carrying firearms in any fashion.
"Short version for details as I will let someone else do all the intimate details: The judge basically ruled on a strict interpretation of -52, after reviewing all the case law, that it is illegal PERIOD to carry off of your own property. Since SBE admitted he carried into the bank, which was not his property, the judge found him to be guilty of the CRIME OF CARRYING. He TOTALLY overlooked 13A-11-55 in making this decision. "
"Well, since the Judge specifically ordered us to turn off all recording devices (because he has a thing about youtube, apparently), this is the best I can do from me and my wife's memory. You would think he would rather be quoted verbatim, but he's just going to have to live with what we say he said.
After reading the arguments and briefs of both sides, including one put together by some organization, and doing some "extensive" and "very interesting" research regarding the case, he came to the conclusion that the satute "apparently" makes it illegal to take a pistol onto the premises of another. Although he found the statute to be questionable, confusing, and vague (Yes, a judge actually used the magic word 'vague' regarding 13A-11-52), and even went so far as to say he thought it should be challenged, he said his hands were tied. He had to rule based on the statute.
He outlined the procedure for challenging the statute, and make it sound like he supported Jason, but then dropped the guilty verdict, that by then we all knew was coming, with a fine of $50. (How he came to that, we don't know.) He then outlined the procedure for appeal, and what would happen if Jason chose not to appeal or to pay the fine (jail, duh).
Then it got good. (Bad?)
He said he wished Jason had chosen another municipality to be his test case (WTF?). He pointed out that the appeal would waste city resources (which, presumably, would be better spent on people like Security Guard Clayton). He alluded that Jason was welcome to press the appeal if he felt he was in an adequate financial situation (another WTF!).
For the record, Jason posted his appeal bond before we were finished picking up our collective jaws outside the courtroom. Oh, and the judge is right about one thing. This is going to wind up costing the city of Jacksonville.
Consider Jacksonville, Alabama hostile to open-carrying and/or lawfully carrying firearms in any fashion.
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