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Thread: It's legal... from a constitutional perspective.

  1. #1
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    It's legal... from a constitutional perspective.

    http://alisondb.legislature.state.al...SLoginFire.asp

    AL Constitution of 1901:

    Section 26: Right to bear arms. That every citizen has a right to bear arms in defense of himself and the state.

    Section 36: Construction of Declaration of Rights. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate. (Section 1-36 is Article 1: Declaration of Rights.)

    Section 89: Municipalities not to pass laws in conflict with general laws of state. The legislature shall not have power to authorize any municipal corporation to pass any laws inconsistent with the general laws of this state.

    Section 110: "General law," "local law" and "special or private law" defined. A general law within the meaning of this article is a law which applies to the whole state; a local law is a law which applies to any political subdivision or subdivisions of the state less than the whole; a special or private law within the meaning of this article is one which applies to an individual, association, or corporation.

    Code of Alabama of 1975, Title 11, subtitle 3, Chapter 80 (11-80-11): Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General. (a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components. (Act 2000-762, p. 1744, 1.)

    That's it folks. Of course, this is coming from a constitutional perspective, without consideration for other laws (which, by virtue of existing in contrary to the constitution, would be unconstitutional).

    For reference:
    13A-11-50: (Code 1852, 15; Code 1867, 3555; Code 1876, 4109; Code 1886, 3775; Code 1896, 4420; Code 1907, 6421; Code 1923, 3485; Code 1940, T. 14, 161; Code 1975, 13-6-120.)
    13A-11-52: (Acts 1919, No. 204, p. 196; Code 1923, 3487; Code 1940, T. 14, 163; Code 1975, 13-6-122.)
    13A-11-54: (Code 1876, 4111; Code 1886, 3777; Code 1896, 4422; Code 1907, 6423; Code 1923, 3489; Code 1940, T. 14, 165; Code 1975, 13-6-124.)
    13A-11-55:(Code 1852, 586; Code 1867, 4136; Code 1876, 4809; Code 1886, 3779; Code 1896, 4424; Code 1907, 6425; Acts 1919, No. 204, p. 196; Code 1923, 3491; Code 1940, T. 14, 166; Code 1975, 13-6-125.)
    13A-11-56:(Code 1852, 129; Code 1867, 3671; Code 1876, 4228; Code 1886, 4094; Code 1896, 5353; Code 1907, 6895; Code 1923, 4045; Code 1940, T. 14, 169; Code 1975, 13-6-127.)
    13A-11-58: (Acts 1969, Ex. Sess., No. 175, p. 241; Code 1975, 13-6-130; Act 2007-196, p. 232, 1.)
    13A-11-59: (Acts 1979, No. 79-455, p. 743; Code 1975, 13-6-131.)
    13A-11-61.1: (Act 2006-539, p. 1242, 1, 2.)
    13A-11-70:
    (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 172; Acts 1947, No. 616, p. 463, 1; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-150.)
    13A-11-71: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 173; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-151.)
    13A-11-72: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 174; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, 1.)
    13A-11-73: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 175; Acts 1947, No. 616, p. 463, 3; Acts 1951, No. 784, p. 1378; Acts 1956, 2nd Ex. Sess., No. 43, p. 336; Code 1975, 13-6-153.)
    13A-11-74: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 176; Acts 1947, No. 616, p. 463, 4; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-154.)
    13A-11-75: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 177; Acts 1947, No. 616, p. 463, 5; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-155; Act 2006-551, p. 1268, 1; Act 2009-711, p. 2093, 1.)

    The following are newer than 11-80-11 or amended after 2000:
    -61.1 2006
    -58 2007
    -75 2006, 2009.
    It takes a village to raise an idiot.

  2. #2
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    Hey Kirbinator,


    Thanks for posting this. I think is raises some unique issues.

    If one has a "inviolate" right to bears arms, protected in perpetuity by Article 36, it occurs to me that perhaps subsequent acts of the legislature that are used to limit those rights are themselves un-constitutional.

    This begs the question is Title 13A laws on carry of weapons, an amendment to Section 26, or are they General Laws, or Special Laws which seem to violate Article 26 and 36.

    As Article 36 seem to forbid any encroachment on the "bill of Rights". Since in enacting the bill or rights they further found it wise to " declare that everything in this Declaration of Rights is excepted out of the general powers of government" it seems to me that includes a prohibition on the state legislature to pass laws such as the prohibition on concealed carry or on carry in a vehicle.

    I am asking, what was the Constitutional authority of the state legislature to infringe on the rights found in Article 26, and not only guaranteed from infringement by Article 36 but which also stips government of the power to do so, by passage of the 13A statutes.

    Is each Title of the Alabama Code and Amendment to the Alabama Constitution.



    Quote Originally Posted by Kirbinator View Post
    http://alisondb.legislature.state.al...SLoginFire.asp

    AL Constitution of 1901:

    Section 26: Right to bear arms. That every citizen has a right to bear arms in defense of himself and the state.

    Section 36: Construction of Declaration of Rights. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate. (Section 1-36 is Article 1: Declaration of Rights.)

    Section 89: Municipalities not to pass laws in conflict with general laws of state. The legislature shall not have power to authorize any municipal corporation to pass any laws inconsistent with the general laws of this state.

    Section 110: "General law," "local law" and "special or private law" defined. A general law within the meaning of this article is a law which applies to the whole state; a local law is a law which applies to any political subdivision or subdivisions of the state less than the whole; a special or private law within the meaning of this article is one which applies to an individual, association, or corporation.

    Code of Alabama of 1975, Title 11, subtitle 3, Chapter 80 (11-80-11): Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General. (a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components. (Act 2000-762, p. 1744, 1.)

    That's it folks. Of course, this is coming from a constitutional perspective, without consideration for other laws (which, by virtue of existing in contrary to the constitution, would be unconstitutional).

    For reference:
    13A-11-50: (Code 1852, 15; Code 1867, 3555; Code 1876, 4109; Code 1886, 3775; Code 1896, 4420; Code 1907, 6421; Code 1923, 3485; Code 1940, T. 14, 161; Code 1975, 13-6-120.)
    13A-11-52: (Acts 1919, No. 204, p. 196; Code 1923, 3487; Code 1940, T. 14, 163; Code 1975, 13-6-122.)
    13A-11-54: (Code 1876, 4111; Code 1886, 3777; Code 1896, 4422; Code 1907, 6423; Code 1923, 3489; Code 1940, T. 14, 165; Code 1975, 13-6-124.)
    13A-11-55:(Code 1852, 586; Code 1867, 4136; Code 1876, 4809; Code 1886, 3779; Code 1896, 4424; Code 1907, 6425; Acts 1919, No. 204, p. 196; Code 1923, 3491; Code 1940, T. 14, 166; Code 1975, 13-6-125.)
    13A-11-56:(Code 1852, 129; Code 1867, 3671; Code 1876, 4228; Code 1886, 4094; Code 1896, 5353; Code 1907, 6895; Code 1923, 4045; Code 1940, T. 14, 169; Code 1975, 13-6-127.)
    13A-11-58: (Acts 1969, Ex. Sess., No. 175, p. 241; Code 1975, 13-6-130; Act 2007-196, p. 232, 1.)
    13A-11-59: (Acts 1979, No. 79-455, p. 743; Code 1975, 13-6-131.)
    13A-11-61.1: (Act 2006-539, p. 1242, 1, 2.)
    13A-11-70:
    (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 172; Acts 1947, No. 616, p. 463, 1; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-150.)
    13A-11-71: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 173; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-151.)
    13A-11-72: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 174; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, 1.)
    13A-11-73: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 175; Acts 1947, No. 616, p. 463, 3; Acts 1951, No. 784, p. 1378; Acts 1956, 2nd Ex. Sess., No. 43, p. 336; Code 1975, 13-6-153.)
    13A-11-74: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 176; Acts 1947, No. 616, p. 463, 4; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-154.)
    13A-11-75: (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 177; Acts 1947, No. 616, p. 463, 5; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-155; Act 2006-551, p. 1268, 1; Act 2009-711, p. 2093, 1.)

    The following are newer than 11-80-11 or amended after 2000:
    -61.1 2006
    -58 2007
    -75 2006, 2009.

  3. #3
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    Dagger they are all unconstitutional. All of the guns laws in title 13 I mean but you try to get the legislature to believe there's something they aren't allowed to do. You might as well all day. It'll get you just as far.

  4. #4
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    DRAFT!!!

    I've come to realize something else as a part of reading the filings of Tulley vs Jacksonville:

    13A-11-52 is not an offense.

    There is nothing in 13A-11-52 which defines it as an offense. An offense is defined in 13A-1-2. Felonies, misdemeanors and violations are defined as offenses in the same section:

    Section 13A-1-2: Definitions.
    Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:

    (1) BOOBY TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases.

    (2) BURDEN OF INJECTING THE ISSUE. The term means that the defendant must offer some competent evidence relating to all matters subject to the burden, except that the defendant may rely upon evidence presented by the prosecution in meeting the burden.

    (4) CRIME. A misdemeanor or a felony.
    (8) FELONY. An offense for which a sentence to a term of imprisonment in excess of one year is authorized by this title.
    (9) MISDEMEANOR. An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed.

    (10) OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.

    (16) VIOLATION. An offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed.
    (Acts 1977, No. 607, p. 812, 130; Acts 1978, No. 770, p. 1110; Act 2001-971, 3rd Sp. Sess., p. 873, 2.)
    13A-1-2-16 seems to be a catch all, but that is not possible because it would be unconstitutionally vague, and there is established caselaw to that effect.

    Section 13A-11-52:
    Carrying pistol on premises not his own; who may carry pistol.

    Except as otherwise provided in this article, no person shall carry a pistol about his person on premises not his own or under his control; but this section shall not apply to any sheriff or his deputy or police officer of an incorporated town or city in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.

    (Acts 1919, No. 204, p. 196; Code 1923, 3487; Code 1940, T. 14, 163; Code 1975, 13-6-122.)
    Now chop that end section off, just for simplicity:

    Section 13A-11-52: Carrying pistol on premises not his own; who may carry pistol.

    Except as otherwise provided in this article, no person shall carry a pistol about his person on premises not his own or under his control;

    (Acts 1919, No. 204, p. 196; Code 1923, 3487; Code 1940, T. 14, 163; Code 1975, 13-6-122.)
    We have an absolute. But this is not the Ten Commandments. This is law.

    The root here is liability. You are responsible for your actions or omissions if defined in law.

    However, we must follow defined rules of construction:

    Constitution of 1901:
    SECTION 45: Style of laws; division of laws; laws restricted to one subject; amendment or revival of laws by title only.

    The style of the laws of this state shall be: "Be it enacted by the legislature of Alabama," which need not be repeated, but the act shall be divided into sections for convenience, according to substance, and the sections designated merely by figures. Each law shall contain but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes; and no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred, shall be re-enacted and published at length.
    However, this as I understand it has more to do with how the law comes into existence. I describe it as a ball of band-aids. In programmer terms, it's a collection of patches to a very simple program that when compiled (codified) perform a function -- a kernel.

    Constitution of 1901:
    SECTION 61Laws to be passed by bills; restrictions on amendments to bills.

    No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose.


    Now back to the Code of Alabama of 1975:


    Section 1-1-6: Certain acts or omissions not public offenses.

    Acts or omissions to which a pecuniary penalty is attached, recoverable by action by a person for his own use, or for the use, in whole or in part, of the state, or of a county or municipal corporation, are not public offenses within the meaning of this Code.

    (Code 1852, 4; Code 1867, 3543; Code 1876, 4097; C
    Section 1-1-9

    Existing rights, remedies and defenses preserved.

    This Code shall not affect any existing right, remedy or defense, nor shall it affect any prosecution now commenced, or which shall be hereafter commenced, for any offense already committed. As to all such cases, the laws in force at the adoption of this Code shall continue in force. But this section does not apply to changes in forms of remedy or defense, to rules of evidence, nor to provisions authorizing amendments of process, proceedings or pleadings in civil cases.
    (Code 1852, 10; Code 1867, 10; Code 1876, 10; Code 1886, 10; Code 1896, 10; Code 1907, 10; Code 1923, 11; Code 1940, T. 1, 9.)
    Section 1-1-10

    Repeal of uncodified statutes of public, general, and permanent nature; certain statutes saved from repeal.

    Subject to the provisions of this section, or as may be otherwise provided in this Code, all statutes of a public, general and permanent nature, not included in this Code, are repealed. The foregoing provisions of this section shall not repeal, nor be construed to repeal, local, private or special statutes; nor statutes which relate to or apply to only one county, municipality, political subdivision, district or territory; nor statutes which apply to one or more counties, municipalities, political subdivisions, districts or territories on the basis of population; nor statutes in effect on the effective date of this Code which apply to one or more judicial circuits of the state, whether by specific reference thereto, or the basis of population or by some other method of identification or classification; nor statutes in effect on the effective date of this Code which establish the amount or rate of salary or compensation of any state officer or employee or any other person whose salary or compensation is paid, in whole or in part, by the state, or which establish minimum or maximum amounts of salary or compensation, or which provide additional compensation for the performance of specified services or duties; nor statutes relating to the swamp and overflowed lands; nor statutes relating to the public debt or authorizing the issuance of bonds or other evidence of indebtedness by the state or any county, municipality, political subdivision or agency thereof; nor statutes appropriating funds; nor any act submitting an amendment to the Constitution or any act to be effective upon the adoption of such an amendment to the Constitution; nor statutes becoming effective after the effective date of this Code.
    (Code 1852, 10; Code 1867, 10; Code 1876, 10; Code 1886, 10; Code 1896, 10; Code 1907, 10; Code 1923, 11; Code 1940, T. 1, 9.)
    Section 1-1-11

    Repealed laws not revived.

    All laws and all statutes or parts of statutes which are repealed or abrogated by this Code, or are repugnant to any law repealed by this Code and which have not been reenacted or consolidated, shall continue to be so repealed or abrogated.
    (Code 1907, 13; Code 1923, 15; Code 1940, T. 1, 10.)
    Section 1-1-13

    Previous validating acts not repealed.

    The omission from this Code of any acts heretofore passed which validated any bonds, notes, warrants, certificates or other evidences of indebtedness issued by any city, town, county, county board of education, city board of education or other political subdivision of the state shall in no way operate or be construed to repeal or destroy the effect of any and all of such validating acts where said validating acts have been otherwise lawfully passed and are not in conflict with the Constitution of the United States or the State of Alabama.
    (Code 1940, T. 1, 15.)
    Section 1-1-14

    Classification and organization of Code; notes and catchlines of sections not part of law.

    (a) The classification and organization of the titles, chapters, articles, divisions, subdivisions and sections of this Code, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference or presumption of a legislative construction shall be drawn therefrom.
    (b) Unless otherwise provided in this Code, the descriptive headings or catchlines immediately preceding or within the text of the individual sections of this Code, except the section numbers included in the headings or catchlines immediately preceding the text of such sections, do not constitute part of the law, and shall in no manner limit or expand the construction of any such section. All historical citations and notes set out in this Code are given for the purpose of convenient reference, and do not constitute part of the law.
    Section 1-1-15

    References to sections, titles, etc.

    (a) Unless otherwise indicated in the context, references in this Code to titles, subtitles, chapters, articles, divisions, subdivisions or sections shall mean titles, subtitles, chapters, articles, divisions, subdivisions or sections of this Code.
    (b) Whenever any reference is made to any portion of this Code or any other law, the reference applies to all amendments thereto.
    Section 1-1-16

    Severability of provisions of Code and statutes.

    If any provision of this Code or any amendment hereto, or any other statute, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Code or such amendment or statute that can be given effect without the invalid provisions or application, and to this end, the provisions of this Code and such amendments and statutes are declared to be severable.
    This, however kinda goes against the constitution because the suspension of laws is a power that only the legislative has -- which is an oddball thing considering the supposed reason why Section 14 exists is to keep the Judicial department from being "super-constitutional" or above the constitution. But I digress.

    So we have Construction defined, which is the way of reading and interpreting the code. Liabilities is the other half.
    The Principles of Criminal Liability are discussed in 13A-2: http://alisondb.legislature.state.al...75/147330.htm; the general intent of the Criminal Code is expressed in Chapter 1:

    Section 13A-1-3

    General purposes of title.

    The general purposes of the provisions of this title are:
    (1) To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual and/or public interests;
    (2) To give fair warning of the nature of the conduct proscribed and of the punishment authorized upon conviction;
    (3) To define the act or omission and the accompanying mental state that constitute each offense;
    (4) To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each;
    (5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection; and
    (6) To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
    (Acts 1977, No. 607, p. 812, 105.)
    Section 13A-1-4

    When act or omission constitutes crime.

    No act or omission is a crime unless made so by this title or by other applicable statute or lawful ordinance.
    (Acts 1977, No. 607, p. 812, 110.)
    Section 13A-1-6

    General rule of construction.

    All provisions of this title shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law, including the purposes stated in Section 13A-1-3.
    (Acts 1977, No. 607, p. 812, 115.)
    Section 13A-1-7

    Applicability of title to offenses committed before and after enactment of title.

    (a) The provisions of this title shall govern the construction of and punishment for any offense defined in this title and committed after 12:01 A.M. January 1, 1980, as well as the construction and application of any defense to a prosecution for such an offense.
    (b) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside this title and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense.
    (c) The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to 12:01 A.M. January 1, 1980, or the construction and application of any defense to a prosecution of such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
    (Acts 1977, No. 607, p. 812, 120.)
    Section 13A-1-8

    Procedural matters; civil liabilities not affected by title; prosecution when more than one offense.

    (a)(1) Except as otherwise provided herein, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title.
    (2) This title does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.
    (b) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
    (1) One offense is included in the other, as defined in Section 13A-1-9; or
    (2) One offense consists only of a conspiracy or other form of preparation to commit the other; or
    (3) Inconsistent findings of fact are required to establish the commission of the offenses; or
    (4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.
    (Acts 1977, No. 77-607, p. 812, 125; Acts 1979, No. 79-471, p. 862, 1.)
    Section 13A-1-9

    Lesser included offenses.

    (a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if:
    (1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or
    (2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or
    (3) It is specifically designated by statute as a lesser degree of the offense charged; or
    (4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.
    (b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.
    (Acts 1977, No. 607, p. 812, 126.)
    Section 13A-1-10

    Pending proceedings, rights and liabilities not affected.

    All proceedings pending and all rights and liabilities existing, acquired or incurred on January 1, 1980 are hereby saved and may be consummated according to the law in force when they were commenced. This title shall not be construed to affect any prosecution pending or begun before January 1, 1980.
    (Acts 1977, No. 607, p. 812, 9905.)
    Section 13A-1-11

    Effective date.

    This title shall take effect at 12:01 A.M. o'clock on January 1, 1980.
    (Acts 1977, No. 607, p. 812, 9910; Acts 1978, No. 770, p. 1110, 1; Acts 1979, No. 79-125, p. 230.)

    Section 13A-2-1: Definitions - Generally.

    The following definitions apply to this Criminal Code:

    (1) ACT. A bodily movement, and such term includes possession of property.

    (2) VOLUNTARY ACT. An act performed consciously as a result of effort or determination, and such term includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient time to have been able to terminate it.

    (3) OMISSION. A failure to perform an act as to which a duty of performance is imposed by law.

    (4) CONDUCT. An act or omission and its accompanying mental state.

    (5) TO ACT. Either to perform an act or to omit to perform an act.

    (6) CULPABLE MENTAL STATE. Such term means "intentionally" or "knowingly" or "recklessly" or with "criminal negligence," as these terms are defined in Section 13A-2-2.

    (Acts 1977, No. 607, p. 812, 301.)
    Culpable mental state matters, but does not for this review because culpable mental state applies for "insanity" defenses. One would not argue that one carries a weapon on his side because he is insane; it would inject facts to the issue which could cause the individual to be determined to be a person not proper to be licensed, etc. or part of the class of people who are not allowed under law to possess pistols.

    For reference:
    Section 13A-2-2: Definitions - Definitions of culpable mental state.

    The following definitions apply to this Criminal Code:

    (1) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.

    (2) KNOWINGLY. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.
    (3) RECKLESSLY. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto.
    (4) CRIMINAL NEGLIGENCE. A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A court or jury may consider statutes or ordinances regulating the defendant's conduct as bearing upon the question of criminal negligence.

    (Acts 1977, No. 607, p. 812, 305.)




    Section 13A-2-3: Requirements for criminal liability in general and for offenses of strict liability and of mental culpability.

    The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of "strict liability." If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of "mental culpability."

    (Acts 1977, No. 607, p. 812, 310.)


    DRAFT!!!


    It takes a village to raise an idiot.

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