found guilty tonight for 13a-11-52 - Page 2
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Thread: found guilty tonight for 13a-11-52

  1. #11
    Alabama needs constitutional carry, and this case is more proof of what I have been saying about that state all along.

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  3. #12
    Join Date
    Dec 2010
    Location
    Ozark Foothills of Southern Missouri
    Posts
    63
    To answer your question directly: Once the case reaches the Alabama Court of Criminal Appeals or the Alabama Supreme Court the constitutionality of the law will likely be challenged. Given that the Alabama Supreme Court has already ruled the open carry of a pistol on property not your own to be an entirely legal activity as far back as 1840 I suspect that the appeal will go well.
    Thanks Doc for doing the hard part for us, you know, thinking! Really, thanks for posting a good analysis of the state of things in Alabama.
    JPKirkpatrick
    USAF-Ret; NRA Life; CRPA Life; USA Carry Mbr;
    Oath Keepers Chrtr Mbr; USCCA Mbr; HGCA Mbr; Ret Former LEO

  4. #13
    Join Date
    Dec 2010
    Location
    Ozark Foothills of Southern Missouri
    Posts
    63
    Alabama needs constitutional carry, and this case is more proof of what I have been saying about that state all along.
    G50AE; Constitutional Carry needs to be recognized nationwide! The 2A does not state that "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall be permitted by application only."

    What part of "...Shall Not Be Infringed..." is not clear?
    JPKirkpatrick
    USAF-Ret; NRA Life; CRPA Life; USA Carry Mbr;
    Oath Keepers Chrtr Mbr; USCCA Mbr; HGCA Mbr; Ret Former LEO

  5. #14
    Quote Originally Posted by G50AE View Post
    Alabama needs constitutional carry, and this case is more proof of what I have been saying about that state all along.
    G: There you go again, bad-mouthing the State of Alabama when it is so obvious you know very little about it. You read an article or two and seem to become the authority on how things should be done down here. Everything you write is critical of something, somewhere or someone. Lighten up son, and stick to your Concealed Carry Badge and other inane comments. I will have to say one thing for you, the most intelligent statement you have written is how you came up with the name "G50AE." I liked.

  6. Quote Originally Posted by JPKirkpatrick View Post
    Thanks Doc for doing the hard part for us, you know, thinking! Really, thanks for posting a good analysis of the state of things in Alabama.
    I live in the panhandle of Florida and routinely travel to Mobile on both personal and professional business. I routinely carry in Alabama and have followed this case with some interest as a result. I was quite outraged when I heard the result of this case. It simply did not make sense in the context of what I know of the existing case law and AG opinions. It is only through a very narrow reading of the law that the judge could make this decision.

    I am aware of both the judicial and legislative battles to overturn or repeal 13a-11-52. I have only attempted to grasp at the few positive elements of this dreadful circumstance. I earnestly hope that this case and another similar case will ultamately result in expanded firearms rights for all concerned. It is even possible that this case or another like it could result in requiring concealed or open carry to be legal nationwide.
    "Get this through your head! We're not fighting to have everybody think the way we do, we're fighting so that people can think whatever they want! Even if they don't agree with us!"--Stalker, GI JOE #39

  7. #16
    Join Date
    Jun 2011
    Location
    Union Grove, Wisconsin.
    Posts
    4

    Angry Wisconsin assembly just passed...

    ...the CC bill yesterday, and I watched the process. Talk about politics at its best, I've never heard so much crap. I swear, half these people don't have a clue. It was,Yaa, it's not a lie if I believe it, and, it must be lawful if it helps me in my cause. This is on tape, the antis' pulling facts out of their *%@. At one point it was funny, the pro carry people were laughing. It was just...Hell,...I don't know, I'm glad despite the bull, it passed. Boar out.
    2-A FOR THAT TIME BETWEEN PREDATOR AND POLICE

  8. #17
    Join Date
    Apr 2011
    Location
    Battle Creek Michigan
    Posts
    1,269
    Quote Originally Posted by ramrunnr View Post
    I'm guessing this bit of Alabama law.


    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.
    Post says, "Except as otherwise provided in this article..."
    Sounds like there's more to the law than just this excerpt.

    From an earlier USA Carry Post: (Alabama) 13A-11-75. License to carry pistol in vehicle or concealed on person

    Issuance; term; form; fee; revocation.
    The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed.

  9. #18
    according to my brother-in-law that lives in Alabama all of his life and has had a chl for many years stated that does not apply if you have a permit

  10. On the Alabama Open Carry forums the OP posted a link to donate to his legal defense fund. (Last post bottom of the page) Currently it appears as if he has listed his paypal info. I have not seen any other way to provide financial support. SBE if you are able to please provide an update on this. I would like to donate and a few others are likely to be interested as well.

    Please note I merely posted a link to another site on this same topic. I have not divulged the identity of the original poster. I merely referenced a post where he provided his own personal information in a thread he started and referenced elsewhere on this site.
    "Get this through your head! We're not fighting to have everybody think the way we do, we're fighting so that people can think whatever they want! Even if they don't agree with us!"--Stalker, GI JOE #39

  11. #20
    Doc, thank you for the informative answer to my question. This is an interesting case and your added explination have helped me better understand why things may be happening the way they are... Thanks again for your time.
    Keep your paws off my Carrots and my guns
    My rules to live by Never trust a squirrel, never french kiss an ardvark and never bring Jumbo hotdogs to a nudist colony barbcue.

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