Mike
Site Co-Founder
imported post
The comment below, apparently posted by Sheriff Hughes, is interesting - it looks like Alabama Sheriffs are sitting up in their seats now and paying attention!
When I first read Sheriff Hughes comment that "I did say that we didn’t have a law that specifically allowed open carry in public places" I did an eye roll - of course there is no statutory law in Alabama re open carry, just like there is no statutory law on open carry in the majority of US state which like Alabama, require no permit to carry openly!
But then I read it again- Sheriff Hughes has a point in that 13A-11-52 appears to say that you can't carry a handgun on the premises of another, period. This does confuse people!
But that being said, I think Sheriff Hughes statement that an AG opinion is not a good authority on open carry is kind of not cool - is not the Ag of Alabama the Chief law enforcement offical of that sovereign state? And there is not just 1 AG opinion on this subject declaring open carry legal - there are at least 3 AG opinions on this - and Sheriff Hughes' comment that "we need specific case law to address the issue" is also puzzling as there is already plenty of case law on this issue - in fact the case law, appellate court decisions which bind trial courts in Alabama often cite to Ag opinions and vice versa.
Can somebody in Sheriff Hughes' county (Houston County) send him this case law?
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http://www.rickeystokesnews.com/article.php/more-on-open-carry-10623
More on Open Carry
Viewed: 5247
Posted by: JSKeppy
Date: May 06 2010 1:47PM
I am a huge supporter of the 2[suP]nd[/suP] amendment. I don’t believe militia can be interpreted to mean the military, law enforcement or the national guard. It means the “people”. I never said that open carry was illegal in Alabama. I did say that we didn’t have a law that specifically allowed open carry in public places. I would not be opposed to having a “true” open carry law in the state of Alabama if we could get one through the legislature.
I believe that we should address open carry specifically so that the general public would know that there is a particular law that allows open carry and would not be alarmed at citizens openly carrying handguns in public places. If we don’t have a law then we need specific case law to address the issue. An AG’s opinion is just that, an opinion. The next AG could come in and issue a dissenting opinion on the same subject. Case law from a court has much more standing attached to it.
If you read Title 13A-11-52 it says you can’t carry a pistol on or about your person except on your land, your house or fixed place of business, without a license. The license under 13A-11-73 is for concealed carry.
I’m not saying I agree 100% with these laws but this is currently what we have in place in Alabama.
In reference to the incident at Golden Corral, the Dothan Police Dept. responded to that call and the pistol permit that the sheriff said to revoke was issued in another county, not Houston county.
I am very much in support of every law abiding citizen having a firearm and using it if necessary in the defense of themselves, their family, their property or a total stranger.
I am an NRA certified instructor and myself and my whole family hunt and shoot recreationally.
I would be glad to talk to you or anyone else on this issue. Please feel free to call me at my office @ (334)677-4888
I am also instructing my deputies that if they come across someone carrying a handgun openly to contact me or my Chief Deputy personally before any enforcement action is taken.
Thanks,
Sheriff Andy R. Hughes
The comment below, apparently posted by Sheriff Hughes, is interesting - it looks like Alabama Sheriffs are sitting up in their seats now and paying attention!
When I first read Sheriff Hughes comment that "I did say that we didn’t have a law that specifically allowed open carry in public places" I did an eye roll - of course there is no statutory law in Alabama re open carry, just like there is no statutory law on open carry in the majority of US state which like Alabama, require no permit to carry openly!
But then I read it again- Sheriff Hughes has a point in that 13A-11-52 appears to say that you can't carry a handgun on the premises of another, period. This does confuse people!
But that being said, I think Sheriff Hughes statement that an AG opinion is not a good authority on open carry is kind of not cool - is not the Ag of Alabama the Chief law enforcement offical of that sovereign state? And there is not just 1 AG opinion on this subject declaring open carry legal - there are at least 3 AG opinions on this - and Sheriff Hughes' comment that "we need specific case law to address the issue" is also puzzling as there is already plenty of case law on this issue - in fact the case law, appellate court decisions which bind trial courts in Alabama often cite to Ag opinions and vice versa.
Can somebody in Sheriff Hughes' county (Houston County) send him this case law?
--------
http://www.rickeystokesnews.com/article.php/more-on-open-carry-10623
More on Open Carry
Viewed: 5247
Posted by: JSKeppy
Date: May 06 2010 1:47PM
I am a huge supporter of the 2[suP]nd[/suP] amendment. I don’t believe militia can be interpreted to mean the military, law enforcement or the national guard. It means the “people”. I never said that open carry was illegal in Alabama. I did say that we didn’t have a law that specifically allowed open carry in public places. I would not be opposed to having a “true” open carry law in the state of Alabama if we could get one through the legislature.
I believe that we should address open carry specifically so that the general public would know that there is a particular law that allows open carry and would not be alarmed at citizens openly carrying handguns in public places. If we don’t have a law then we need specific case law to address the issue. An AG’s opinion is just that, an opinion. The next AG could come in and issue a dissenting opinion on the same subject. Case law from a court has much more standing attached to it.
If you read Title 13A-11-52 it says you can’t carry a pistol on or about your person except on your land, your house or fixed place of business, without a license. The license under 13A-11-73 is for concealed carry.
I’m not saying I agree 100% with these laws but this is currently what we have in place in Alabama.
In reference to the incident at Golden Corral, the Dothan Police Dept. responded to that call and the pistol permit that the sheriff said to revoke was issued in another county, not Houston county.
I am very much in support of every law abiding citizen having a firearm and using it if necessary in the defense of themselves, their family, their property or a total stranger.
I am an NRA certified instructor and myself and my whole family hunt and shoot recreationally.
I would be glad to talk to you or anyone else on this issue. Please feel free to call me at my office @ (334)677-4888
I am also instructing my deputies that if they come across someone carrying a handgun openly to contact me or my Chief Deputy personally before any enforcement action is taken.
Thanks,
Sheriff Andy R. Hughes