Alabama

Discussion in 'National Laws, Bills and Politics' started by Malum Prohibitum, May 19, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Schools = licensees exempt.

    Section 13A-11-72

    Premises of a public school. The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12

    (c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.

    (d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.

    (e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.

    Demonstrations:

    Section 13A-11-59

    (b) It shall be unlawful for any person, other than a law enforcement officer, to have in his or her possession or on his or her person or in any vehicle any firearm while participating in or attending any demonstration being held at a public place.


    Section 13A-11-59

    (c) It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was in possession of any firearm.
     
  2. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    I'm gonna be hopping the border this evening to eat at Butler Mill. No worries about if the resturant serves alcohol or not, Nor any worries about ending up in a public gathering :lol:
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  4. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    It was great, my wife enjoyed it the most though. Coming from the Mekong Delta in Viet Nam, she enjoys all types of seafood and she helped herself to some snow crab, jumbo shrimp, crayfish, and bullfrog.

    If you are not familiar with Butler's Mill. It is just across the border in Graham, Alabama. It is literally in the middle of no where. It is situated on the banks of the Tallapoosa River and the only other settlements around is the house that the owners live in across the street of the restaurant. It is about a 20 minute drive from Carrollton and if you like seafood or even a good angus steak, I highly reccomend them. Sometimes they will have live entertainment, and best of all it is an approved carry zone per Alabama Law.

    Butler's Mill
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  7. jrm

    jrm Sledgehammer

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    I don't know. How can they take longer than 60 days to issue a GFL when the law says not more than 60 days?

    The article has a state official acknowledging that permits allow people to carry in courthouses. It could be that your permit gets you through the metal detector.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    City Bans Guns!



    Council approves employee gun ban


    By Jason Morton
    Staff Writer

    December 15, 2006
    ARTICLE FEATURES
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    TUSCALOOSA | The Tuscaloosa City Council has banned its workers from bringing guns into the workplace.

    City leaders unanimously passed a city policy Thursday night that prevents any city employee from taking a gun into a city-owned buildings.

    It also prevents gun owners from putting them in city-owned vehicles, although it’s OK to bring them to work in a private vehicle, provided the worker doesn’t use the private vehicle for official city business.

    And, as with any person carrying a gun, the employ must have a gun permit.

    “This ordinance is designed to provide security to City Hall, which has been lacking in many areas," said Mayor Walt Maddox. “This will solve that."

    The new law also prohibits blunt instruments, explosive devices and knives with blades longer than 4 inches.

    Councilwoman Cynthia Almond, who chaired the committee that recommended the City Council adopt this policy agreed, noting that the phone calls received from residents, city employees and the National Rifle Association was beneficial in crafting the final draft.

    “I think the input we got from the public was helpful," Almond said. “Hopefully this will keep City Hall a safe place to work."

    The impetus for the law is rooted in two gun-related incidents involving city workers in the last 60 days.

    In one incident, a female city worker found a gun in a car that’s shared by other city employees.

    Officials determined that the previous driver left his personal gun under the driver’s seat, which slid into view when the woman applied the brakes.

    In the second incident, a worker who felt his life was endangered brought two guns to work -- one in his city-issued vehicle and another in his boot.

    Disciplinary measures taken against these workers have not been disclosed.

    The city’s policy also goes against a 2001 Alabama Attorney General opinion that says city governments cannot restrict their workers regarding guns. Other weapons, though, can be limited.

    City attorneys have said they disagree with then-Attorney General Bill Pryor’s non-binding decision and are prepared to fight it in court, should the need arise.

    Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-02
     
  9. Gunstar1

    Gunstar1 Administrator

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    If I am not mistaken, Alabama's "may issue" system is basically a shall issue system, but the issuer of the permits (I think it is the Sheriff) can put further limits on where your permit is valid, past what the state already deems off-limits.

    So while most permits are automatically signed, some localities issue permits with more places off limits than what the state law says. (I think the extra places off limits are written on the AL permit).

    The strange part is, it is just a restriction on the person holding the Alabama permit. Georgia licensees (and other states reciprocal to AL) only have to follow the AL state gun laws and are not bound by any of those local limitations.

    At least that is how I was told it was done anyway.
     
  10. mzmtg

    mzmtg Active Member

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    I had an AL license in Lee County a few years ago. $15 was the cost. They told me it would take 2 weeks to get approved. 2 weeks later they said I was approved, but they were out of forms. 2 more weeks later, they had new forms in from the printer and they called me to come pick up my license.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I wonder if this is something anybody is going to fight over there in Tuscaloosa or if everybody has been frightened off by the city attorneys' vow to defend the ordinance in court?
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Alabama Law:

    Section 11-45-1.1 Subject matter of handguns reserved to State Legislature; Power of municipality to adopt certain ordinances; concurrent jurisdiction of municipal courts with district courts.

    No incorporated municipality shall have the power to enact any ordinance, rule, or regulation which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns by the citizens of this state. The entire subject matter of handguns is reserved to the State Legislature. This section shall not be construed to limit or restrict the power of a municipality to adopt ordinances which make the violation of a state handgun law a violation of a municipal ordinance to the same extent as other state law violations, or to limit or restrict the power of a municipal court to exercise concurrent jurisdiction with the district court over violations of state handgun laws which may be prosecuted as breaches of a municipal ordinance.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I should think none of those restrictions could result in an actual valid arrest upheld by a court, but I do hear that they can be used to revoke the license, and Georgia is a "may issue" state. As to the quoted restriction, keep in mind that Alabama is an OPEN CARRY STATE, unlike Georiga, where one need not have a firearms license at all to openly carry!
     
  14. wwomack

    wwomack New Member

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    These two don't make sense together....How can you be arrested for carrying a concealed weapon when you carry openly?
    What an odd law that allows the locals to define the specific restrictions instead of standardizing them in law.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I suspect the premise of your statement is faulty, thus leading you to a faulty conclusion.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, at least the Sheriffs issue to black residents of their counties, now, so the original justification for "may issue" discretion is an anachronism. Residents fear trying to change it, however, because the legislature might add a list of restrictions in state law where none currently exists.

    Some of the Sheriffs issue unrestricted licenses (and just about all of them do for special friends - the inevitable corruption that such discretion breeds). Those with unrestricted licenses justifiably fear opening a can of worms (or snakes) by bringing the issue up in the legislature at all.