[Malum Prohibitum]

http://www.al.com/news/press-register/i ... thispage=1

While it is not illegal to carry an assault rifle, it is against the law to use the gun to alarm people, Gallichant said.

"I think it is important that people understand that although he may not be specifically charged with carrying a weapon out in the open like that, just the act of doing so can cause public alarm, which is covered by disorderly conduct," Gallichant said.

 

[Malum Prohibitum]

Costello said Monday that he did not see the man, but two of his neighbors and his gardener did. He said that although no one saw the man point the rifle at anyone, people were frightened. He said the gardener, who had just started cutting the grass, was so frightened that he fled without finishing the job.

Costello said the whole incident frightened his 4-year-old daughter.

Even though the man didn't threaten anyone or point the rifle at them, such incidents can lead to violence, Costello said.

"When you've got someone walking up and down the street with a loaded assault rifle ... there is always the possibility that it can get out of hand, and people can get hurt," he said.

Larry McCoy, owner of Larry's Gun Shop in the 2700 block of Pleasant Valley Road just off Government Boulevard, said Monday that he sells a Romanian-made, AK-47-style weapon for $400.

McCoy said federal law states that a person 18 or older who is not a convicted felon can legally purchase a semiautomatic assault rifle.

Anyone who meets the federal requirements can be in and out of his shop within 10 minutes, armed with an AK-47-style weapon and bullets.

McCoy said, however, that he will not sell an assault rifle to anyone under 21 because he does not believe a teenager is mature enough to handle such a weapon. He said the Spring Hill incident disturbs him.

"It is not socially acceptable," McCoy said. "You just don't do that."

 

[pro2am]

So...if this were Georgia...and it went to court and the guy lost...then its open season on OC. Its just another way to harass someone openly carrying a gun, and get away with it.

 

[budder]

Well, I'm certainly never shopping at Larry's gun shop.

 

[Malum Prohibitum]

Anyone who meets the federal requirements can be in and out of his shop within 10 minutes, armed with an AK-47-style weapon and bullets.

You would think journalists in ALABAMA would not be breathlessly hysterical at this prospect. You would also expect that they would have known this without having to ask.

I guess journalists are the same no matter where you go.

 

[pro2am]

I guess journalists are the same no matter where you go.

Liberal and stupid?

 

[wsweeks2]

"It is not socially acceptable," McCoy said. "You just don't do that."

I didn't know that something that's not socially acceptable=illegal.

 

[ptsmith24]

:roll:

 

[Malum Prohibitum]

Section 15-5-31 Search for dangerous weapon; procedure if weapon or other thing found.
When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has stopped a person for questioning pursuant to this article and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If such officer finds such a weapon or any other thing, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.

So, why did they keep it? :-k

 

[Mobster989]

It's a load of crap for sure. I heard they did something similar in Denver before they won their case against the state to ban OC. They would arrest people for inciting fear in the public or some nonsense like that and all they would need is one person to say they felt intimidated. Are you kidding me? Does that mean we can lock up all the bikers because they look scary?

"I think it is important that people understand that although he may not be specifically charged with carrying a weapon out in the open like that, just the act of doing so can cause public alarm, which is covered by disorderly conduct,"

That means that anytime any open carries and another person is uncomfortable with it and complains to the cops that the person carrying is going to be whisked away to jail? So then open carry is at the discretion of the people around the carrier? Good thing the 1st amendment doesn't work that way.

An 18 years old is mature enough to carry a rifle in defense of his/her country but not in his/her own defense?

 

[Malum Prohibitum]

Too bad Alabama does not yet have a local gun org on the ground.

Maybe the NRA SAF or GOA?

 

[zookeper]

Too bad Alabama does not yet have a local gun org on the ground.

they do, kinda sorta, just it's more like GPO with just forums/website now and my brother is trying to help nudge it in the direction GCO has taken, i told him about GCO and forwarded him the newsletter and he was impressed enough to pass the info to that group. (sorry, i don't know the group but could find out)

An 18 years old is mature enough to carry a rifle in defense of his/her country but not in his/her own defense?

great point, seems that people frequently forget that minor detail don't they.

 

[Malum Prohibitum]

Link?

 

[Malum Prohibitum]

I told him about GCO and forwarded him the newsletter and he was impressed enough to pass the info to that group.

Newsletter? :?

 

[Malum Prohibitum]

http://www.legislature.state.al.us/Code ... coatoc.htm

Section 13A-11-7
Disorderly 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.)

 

[Malum Prohibitum]

So, items 1 through 6. Which one did he do?

 

[Thorsen]

They are probably classifying it under "threatening behavior" ... just a guess.

 

[budder]

intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

Check.

(1) Engages in fighting or in violent tumultuous or threatening behavior; or

Check.

(2) Makes unreasonable noise; or

Well, I'm sure the liberals couldn't control their screaming, so- Check

(3) In a public place uses abusive or obscene language or makes an obscene gesture; or

We don't stand up for our rights anymore: Check

(4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or

Maybe check.

(5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or

Who would want to drive past that guy! Maybe he would get angry and shoot them, like he hadn't been doing for the past X minutes! Check!

(6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse.

Nope.

Looks like he broke 4 or 5 of them there laws... :roll:

 

[Malum Prohibitum]

I don't think threatening behavior would fly. There has to be something threatening about it, I should think, like pointing it or muttering something about being the emperor . . .

People's subjective reaction to conduct is never the standard in any state of which I am aware.

 

[Malum Prohibitum]

http://www.al.com/news/press-register/index.ssf?/base/news/118466401148560.xml&coll=3&thispage=1

Wait a minute. How do they get the magistrate to sign the warrant BEFORE the complainant?

:?