calicojack
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posted on the new forum.
emphasis mine.It's too bad this came up two years later... what charge was the OP arrested under.
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-6-25.htm
Section 13A-6-25
Criminal coercion.
(a) A person commits the crime of criminal coercion if, without legal authority, he threatens to confine, restrain or to cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.
(b) Criminal coercion is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2125.)
Further, the mere possession of a firearm does not fulfill the requirements for disorderly conduct. This being two years outside of the statue of limitations means you can't go after the arresting officer for the above charge.
The OP hasn't been on in a few years. I don't have IM configured, but he has an IM address in his profile. Someone want to send him an IM asking him back and inviting him to ALOC?
Maybe he later on got confined to his room and can't come out to play...say for a year or more. Anyone know if he is a free man? Sure hope so.
Does this come from a court case or AG Opinion?
Mostly the disorderly conduct law and simple logic.
Alright, let's try fixing some formatting on that:Section 13A-11-7Disorderly conduct.
(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1) Engages in fighting or in violent tumultuous or threatening behavior; or
(2) Makes unreasonable noise; or
(3) In a public place uses abusive or obscene language or makes an obscene gesture; or
(4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or
(5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or
(6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse.
(b) Disorderly conduct is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §5525.)
So therefore, the logical construction of the law is two letter parts, and six sub-types under section a.Section 13A-11-7Disorderly conduct.
(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:(1) Engages in fighting or in violent tumultuous or threatening behavior; or
(2) Makes unreasonable noise; or
(3) In a public place uses abusive or obscene language or makes an obscene gesture; or
(4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or
(5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or
(6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse.(b) Disorderly conduct is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §5525.)
(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
Of the six subtypes listed above denoted with numbers, note the word "; or" at the end of the sentance. This creates a logical structure that defines the law as "(offense) : (insert one of six) (offense-level)".(a) A person commits the crime of disorderly conductif,
with intent to cause public inconvenience, annoyance or alarm,
or recklessly creating a risk thereof,
he:
Sounds like you've got a good handle on what to do.
I can't improve on it, except to not ask their attitude.
I'd just give them their attitude via statute, ordinance,and case law.
Maybe he later on got confined to his room and can't come out to play...say for a year or more. Anyone know if he is a free man? Sure hope so.
Last I spoke with him he [the OP] was in basic training...US Army if I remember correctly.
I will see if I still have his email and send him a note.We'd sure love to hear from him. I am curious how he is doing, if he is still an OC advocate, and if his arrest has had any other ill effects.
There may not have been a lot going on in AL regarding OC when he was arrested, but the discussion of his arrest got a lot of people looking into the legality of OC in Alabama and led to the movement whose size now would probably surprise him.
The OP hasn't been on in a few years. I don't have IM configured, but he has an IM address in his profile. Someone want to send him an IM asking him back and inviting him to ALOC?
Vmathis12019 was a college student in Troy, very gung ho, very bright - started ALFRA, got it rolling then disappeared. Heard that he joined the service. Somebody must have an idea where he is.
http://forum.opencarry.org/forums/showthread.php?41803-The-Alabama-Firearm-Rights-Association-Update!&p=698218#post698218
Maybe somebody knows Rick Henderson, ALFRA Co-founder?
Facebook page for this group with picture of Andrew and a list of 292 "friends" - someone likely knows what happened and those members would be worth recruiting here.
http://www.facebook.com/group.php?gid=10640190929