Jacksonville, AL Unlawfull Arrest For Open Carry
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Thread: Jacksonville, AL Unlawfull Arrest For Open Carry

  1. Jacksonville, AL Unlawfull Arrest For Open Carry

    Hope you don't mind but I am posting a link to this story instead of reposting it.
    Jacksonville

  2.   
  3. 03/31/2011
    To Whom It May Concern:
    Today while conducting personal business in Jacksonville, AL, I stopped by First Educators Credit Union and was confronted by Officer Clayton. He asked me if I had a badge to go with my sidearm. I advised that I did not but that Alabama law does not require that I have one. Officer Clayton ordered me to put my sidearm in my truck or I would be immediately arrested. I advised him that he was violating my civil rights and that he was acting unlawfully. I then proceeded out the door and back to my truck where I left my firearm.
    Upon reentering the bank, Officer Ervin and Jordon surrounded me and Officer Clayton stood in front of me as I tried to withdraw money from my account. I advised Officer Clayton that although his request was unconstitutional, I had complied and I would like a moment to finish my transaction with the bank without being harassed. By this point the Officers had made such a seen that they had alarmed other patrons and had me concerned for my safety.
    Officer Clayton told me I was not allowed to open carry a firearm off my personal property. Officer Clayton then told me he needed to see my ID. I asked if I was being detained. He told me that he needed my ID. I asked if I had done something wrong and then gave him my ID. I stated that I felt that he was still violating my civil rights. Officer Clayton told me I was lucky that I wasn’t being arrested at that time. One of the other officers instructed me to step outside. I stated that considering that I felt like my civil rights had already been violated, I should stay inside where there are cameras and witnesses. Officer Clayton ran my ID, told me he would be filling a report and that I could be arrested in the next couple days. He also said that if he sees me in public again with a sidearm that I will be arrested.
    After leaving the bank, I drove directly to the police station and spoke to Commanding Officer Bill DeLeon. He advised me that the officers are correct and that I am not to leave my personal property with an open carry firearm. He stated “when I received a conceal carry permit, that states on the back, it is not a permit to open carry, I agreed to those terms.” I told him that a county pistol permit can’t supersede the Alabama Constitution or the Attorney General’s rulings on such matters. He advised me that it did and that he wasn’t going to argue with me.
    This account is a statement of events to the best of my knowledge and is not an exact transcript.

  4. I gave Chief Thompson Docs from the site along with this letter on Friday and followed up with an email today.
    Chief Thompson,

    I wanted to follow up with you regarding last weeks meeting.

    I am hopping that you have had a chance to review the documentation that I provided. I have two follow up questions.

    1. Was there a report filed on the day in question? If so how would I go about getting a copy for my records?

    2. How will I be treated by your staff when legally open caring in the future?

    Thank you for taking time to discuss my concerns.

    As always stay safe

    Jason Tulley



    This is his responce.
    I have read the documentation that you presented. I am in agreement with some of the interpretations and not others. I have gone back and read the state codes and the case commentaries that accompany many of them and I am of the opinion that open carrying where you go onto property not your own, i.e. stores,etc. you should get permission from the premise manager or other personnel who may be in charge. I think that assuming that you are welcome to open carry on others premises is assuming to much. I also feel that a simplier way to determine this is to have every premise in town post in plain view a sign that says who may carry a firearm into their premise. Of course that is not going to happen and I can find no requirement of stores to do this. I advise you to error on the side of caution and call ahead to places you care to travel and open carry. So they won't call the police reporting the matter.

    Yes there was a report written. They are not open records until the investigation is closed.

    My staff and I generally feel that open carry on public right of ways is accepatable and in your vehicle with a permit.

    Be careful.

  5. This is the email from the chief

    The investigation is complete, the prosecutor has reviewed the case and the magistrate has issued a misdemeanor warrant for your arrest. The charge is"Carrying a Pistol on Premises not his Own" and the bond has been set at $300. You may come to the police department and turn yourself in and you will be allowed to sign your own bond and will be given a court date in Municipal Court.

    I would appreciate it if you could come in within the next couple day

  6. #5
    Good luck.

    I am in different state

    Do you want a any type of gun charge on your record?

    You better hire a very good, well known, respected attorney. Game ain't over yet.

    It can easily cost you $2,000 to be judged, "Not guilty, case dismissed, give him his stuff back."
    Been there, done that.

    I was offered a plea bargain right before the case:

    forfeit my weapon
    pay a $300 fine for a "misdemeanor violation of a city ordinance", whatever that means.

    I forced the court case, went before the judge who chewed out the arresting officer,
    and I won, hands down.
    But I might not have won if I had not had a very highly respected attorney.

  7. #6
    Join Date
    Apr 2010
    Location
    South Central N.Car.
    Posts
    534
    Should have counter sued for loss of wages, loss of civil rights, and harrassment. Am in NC and open carry all the time. Have had a couple of Charlotte city ask to see it and ran the #s. They wanted me to leave it unloaded and I refused. No problems.

  8. #7
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    If you can CCW why not just do that instead? There's always posts on the boards about OC confrontations. Some people just wig-out when they see a gun.
    GOD, GUNS and GUITARS

  9. #8
    Quote Originally Posted by BC1 View Post
    If you can CCW why not just do that instead? There's always posts on the boards about OC confrontations. Some people just wig-out when they see a gun.
    Because we don't live in a police state. But once everyone follows the route you have chosen, it will become a police state. I don't understand why you are so hell-bent on licking the boots and polishing the badges of police who act like gestapo.

    We won't gain our freedoms back by being satisfied with the rearmost seat on the bus.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  10. #9
    Did you opt for a bench trial or a trial by jury on May 24th?
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  11. #10
    Quote Originally Posted by NavyLT View Post
    Because we don't live in a police state. But once everyone follows the route you have chosen, it will become a police state. I don't understand why you are so hell-bent on licking the boots and polishing the badges of police who act like gestapo.

    We won't gain our freedoms back by being satisfied with the rearmost seat on the bus.
    Nice analogy seeing as the incident happened in the Mockingbird State.

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