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Thread: Fact Check

  1. #1
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    Fact Check

    All,

    I've recently been stationed in Pensacola and will be visiting family in Montgomery often. Please make sure I understand this...

    1. OC is 100% legal in Alabama.
    2. "Property not your own" does not restrict you from carrying, but some members have been convicted anyway. Honestly, I'm a little fuzzy on this one.
    3. Other than federal restrictions there aren't any off-limits places aside from the "free-fire zone" decals by private businesses.
    4. AG has said that OC is legal because there is no statutory prohibition and that OC does not constitute disorderly conduct.

    Now, I've read some posts about Montgomery PD harassing OCers. Has MPD gotten on board or can I expect daily harassment? Have I missed anything?

    As long as out-of-towners are allowed I'll try and make it up to the OC events.

  2. #2
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    All your facts are correct. No problems anymore in MGM. That has been taken care of by MPD staff instructing their officers on the legality of OC.
    Just carry as you desire and enjoy yourself.
    Cases in which OC's were arrested for Disorderly are both on appeal to a real court. Municipal courts in Alabama are a political appointed joke, a disgrace to the justice system and a disgusting way for those who put their trust in a fair court system to be treated. I have nothing but contempt for the municipal courts. Local governments hire starving, poor excuses for human being lawyers for $90 an hour to prosecute innocent people for political reasons and to stack the system against successful civil suits. One of the albatrosses that keep Alabama the target of SPLC lawsuits and perpetually held in poor regard by much of the nation.
    Please do try to come to the next event which I believe is to be held in Prattville, just adjacent to MGM.
    Former military and police pilot myself.
    Welcome aboard here.
    Also try www.alabamaopencarry.com for state specific news.

  3. #3
    Regular Member Brimstone Baritone's Avatar
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    13A-11-52, which is where the "property not your own" bit comes from, is listed in Criminal Offenses and Defenses in Alabama as a defense to carrying a concealed weapon. 13A-11-51 is the same (Apprehension of attack used as a mitigating circumstance). It is not a crime, and as such carries no listed punishment.

    I'll say that again. Being on property 'your own' is a defense to the charge of unlawfully carrying a concealed weapon. Being 'charged' with carrying on property not your own, especially if one is OC, has the same legal standing as being charged with 'apprehension of attack'. It just doesn't work that way.

  4. #4
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    Be careful, recently at least one person has been charged with -52 for OC. It should be easy to defend against with a reference to -55, which clarifies the charge to CC.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  5. #5
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    Fun Fun

    Quote Originally Posted by Daylen View Post
    Be careful, recently at least one person has been charged with -52 for OC. It should be easy to defend against with a reference to -55, which clarifies the charge to CC.
    It would be nice if I could finish up my court case in Wyoming before I started a new case in Alabama....but I'm game for whatever. Carry on!

    Man, I wish that carry bill had gone through in Florida! At least I can carry without a permit in Alabama to get my fix of liberty.

  6. #6
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    Quote Originally Posted by Daylen View Post
    Be careful, recently at least one person has been charged with -52 for OC. It should be easy to defend against with a reference to -55, which clarifies the charge to CC.
    He wasn't charged, he was convicted in a municipal court.
    It takes a village to raise an idiot.

  7. #7
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    Quote Originally Posted by marinepilot81 View Post
    At least I can carry without a permit in Alabama to get my fix of liberty.
    Not so fast there Bright Eyes.... You have to (get) have a pistol license to carry a pistol in a vehicle. So you still have to have a concealed pistol license (CPL) to transport anywhere, but once you're on foot you don't need anything.

    "Public property" includes both property owned by the state and the public, as well as parts of private property that is opened to the public.
    It takes a village to raise an idiot.

  8. #8
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    Quote Originally Posted by Kirbinator View Post
    He wasn't charged, he was convicted in a municipal court.
    He was convicted of something he wasn't charged with? Was it an included lessor offence?

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    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
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  9. #9
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    Quote Originally Posted by Kirbinator View Post
    Not so fast there Bright Eyes.... You have to (get) have a pistol license to carry a pistol in a vehicle. So you still have to have a concealed pistol license (CPL) to transport anywhere, but once you're on foot you don't need anything.

    "Public property" includes both property owned by the state and the public, as well as parts of private property that is opened to the public.
    Florida CWP. Check.

    What about on my motorcycle?

  10. #10
    Regular Member Brimstone Baritone's Avatar
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    Quote Originally Posted by marinepilot81 View Post
    Florida CWP. Check.

    What about on my motorcycle?
    It's a vehicle, but your Florida permit covers you.

    No license is required to travel on foot with an unconcealed pistol.

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    Quote Originally Posted by JoeSparky View Post
    He was convicted of something he wasn't charged with? Was it an included lessor offence?

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    Charged and convicted of -52.

  12. #12
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    Quote Originally Posted by Thunderball View Post
    Charged and convicted of -52.
    I'd bet $10 if I was a betting man that -55 and the right court precedents were not brought up in court that day.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  13. #13
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    The transcripts are out there, and the audio of each case.
    It takes a village to raise an idiot.

  14. #14
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    Unless you run into an ignorant officer of deputy, Montgomery presents no problem to OC. The MPD, the city attorney, and the Sheriff are all on record recognizing the legality of OC.

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