found guilty tonight for 13a-11-52
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  1. found guilty tonight for 13a-11-52

    Apparently you are not allowed off premisses not your own in Alabama with a firearm.

  2.   
  3. #2
    Dont Understand what you are trying to say

  4. #3
    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.

  5. #4
    Do you not have a permit?

  6. #5
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    Quote Originally Posted by Shortbuseinstein View Post
    Apparently you are not allowed off premisses not your own in Alabama with a firearm.
    That is interesting! Move! Quick smart.
    "Don't let the door hit ya where the dawg shudda bit ya!"
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  7. #6
    Am I to Understand, That Someone Can not Carry a Weapon on ones person, off your own Property, or onto someones else's Property. That doesn't make any logical sense.Even in New York State where I Re-side, having some of the
    Strictest Gun Laws in the Country.We can Carry our weapon off our property, and onto someone else's without permission.Unless I'm Interpeting his Statement wrong???????????? Truly Confusing.So what happens to you now? Where you Formily Charged? Do you have to hire an Attorney?

  8. Conviction in Jacksonville for open carry

    After reading through some of the posts on the AL open carry board. It appears as though the Judge had an agenda. Interestingly enough it is actually a pro gun agenda. Only by issueing a guilty verdict does this case get appealed. It appears as if the judge believes that the law the OP was convicted under was "vaugue and possibly unconstitutional". It appears that he was not empowered to rule the law unconstitutional but returned a guilty verdict to allow it to proceed to a court that could. He issued the minimum fine of $50 and also stated that he was sad that this "test case" would be tried in Jacksonville as they cannnot really afford it.

    While this conviction may appear to be a setback, It may end up clearing the books of an unjust and vague, unconstitutional law.
    "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

  9. #8
    Well, it looks like at least some of the Judges who sit on the other side of the desk.Are actually Citizens themselves.Good for him.It's about time.

  10. #9
    Quote Originally Posted by Doc Mustang View Post
    Conviction in Jacksonville for open carry

    After reading through some of the posts on the AL open carry board. It appears as though the Judge had an agenda. Interestingly enough it is actually a pro gun agenda. Only by issueing a guilty verdict does this case get appealed. It appears as if the judge believes that the law the OP was convicted under was "vaugue and possibly unconstitutional". It appears that he was not empowered to rule the law unconstitutional but returned a guilty verdict to allow it to proceed to a court that could. He issued the minimum fine of $50 and also stated that he was sad that this "test case" would be tried in Jacksonville as they cannnot really afford it.

    While this conviction may appear to be a setback, It may end up clearing the books of an unjust and vague, unconstitutional law.
    Doc, how many courts have to hear the case before one has the authority to declare the law unconstitutional?
    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.

  11. Quote Originally Posted by wild eyed willy View Post
    Doc, how many courts have to hear the case before one has the authority to declare the law unconstitutional?
    IANAL, The power of Judicial Review is vested in all courts including trial courts. Under some theories even a jury has the power of judicial review. However it is unusual to the point of of being unconventional for a trial court or the court of original jurisdiction to practice judicial review. At that level cases are usually tried on the law as it is written. I suspect the primary reason for this is that if trial courts were to review the constitutionality of every case to come before it the judicial system would become horribly bogged down. The process of Judicial Review or finding a law unconstitutional usually begins in a court with appellate jurisdiction. The next step would be either the Alabama Supreme Court or the Alabama Court of Criminal Appeals.

    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.
    "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

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