I was in Anniston yesterday to support a fine young man who believes in exercising his right to bear arms for defense.

Jason Tulley was charged with carrying a pistol onto property not his own or under his control in the city of Jacksonville, Calhoun County, Alabama. He was found guilty in Jacksonville Municiple Court and the Calhoun County Circuity Court.

You don't have to go to Washington D.C. or any liberal gun-grabbing state somewhere far up north to find politicians and law enforcement agents who want to violate your right to bear arms for defense. They are here in our own backyards.

The Alabama Court of Criminal Appeals will soon be presented with a challenge to the following law that currently appears within the Code of Alabama 1975:



That's an act of our own Alabama Legislature. Each of the members who voted to pass it swore to support our Constitutions.

The officer that arrested Jason was an off duty municiple police officer who was armed with a pistol on property not his own or under his control, and who was not acting "... in the lawful discharge of the duties of his office" at the time he saw Jason with his pistol. He was moonlighting as a security guard at the time and he was armed with a pistol carried openly on his belt in a holster... just like Jason.


Constitution of Alabama 1901
(emphasis added)

The statute is being challenged, not on the grounds that it violates the right to bear arms, but on the grounds that it is unconstitutionally vague. It does not fix a punishment for it's violation. The judge sentenced Jason and fined him in spite of that.

- The defense argues that the statute violates the defendant's right to due process of law under the 14th Amendment to the US Constitution by not giving proper notice of the punishment that results from a violation of the statute.

- The defense also argues that the statute has been superceded by COA 13A-11-73 which allowed the sheriff of Calhoun county to issue the defendant a pistol license which allows him to carry a pistol onto property not his own or under his control. The defendant was in possesion of a pistol license at the time of the incident.

The arresting officer was not charged with his own violation of the statute.

When this judge faces re-election, you might want to consider sending his opponent a donation with an explanation of why you are supporting the opponent:

John C. Thomason, Circuity Judge Calhoun/Cleburne County

A judge who violates his oath of office to support our constitutions does not deserve to be delegated judicial authority.

This judge is a republican.

Sometimes it's best to vote democrat. It all depends on the individual's political philosophy. This one has liberal tendencies, IMO. I would vote for a conservative democrat in a heartbeat if that's what it took to get someone like this judge out of office.

I am not a lawyer, but Charles Graddick is a lawyer. In fact, Graddick is a judge who recently ran for the position of chief justice on our state supreme court.

His office submitted this opionion back in 1984:


(Clink on this link to open the opinion)
Graddick's opinion on 13A-11-52

Choose carefully before you vote for judges in an election.

Well let's see, what would you do in this scenario if it happend to you?

About 6 months ago, one of my employee's son comes strolling in to my office with a Glock strapped to his hip in plain sight. He was coming by to get something from his mother. I had a waiting room of patients at the time. He's a nice enough guy but he isn't the most presentable looking fellow. Kinda disheveled and a little sloppy looking. The staff and patients were totally freaked out as was my staff who saw him. I was livid.

My office manager immediately asked him to either leave the premises or put the gun in the car and come back in. He got upset and so did his mother. He claimed he was on his way to the firing range. I mean who thinks it's ok to walk into a doctors office with a cannon strapped to your thigh?

I don't give a damn if you have a permit or not. NEVER come into my office or on my property with a gun unless you are a uniformed policeman or a detective with a badge showing.

Dr. B

Here's what the law says about what you should do:

(emphasis added)

Most people will honor a no-firearms sign that is posted in a conspicuous manner. If they don't, then you have a right to ask them personally to leave the property. If they refuse, then you can have them arrested for criminal trespass in the third degree.



If you will let me know who you are, I promise I will encourage everyone I know that excercises their right to bear arms to find another doctor.

It wasn't me that made the decision that concealing a weapon is not a part of our right to bear arms. It is against the law to conceal a pistol while carrying it on your person onto property not your own or under your control.

Maybe you can help get that changed.

When I was 19 years old, I was required to take an oath to defend our Constitutions against all enemies foreign and domestic. Then I was issued an M-14.

I have never had anyone tell me they were scared to death because I was carrying that M-14 around instead of staying home and going hunting or doing something else I enjoyed doing.

Does that include concealed carry?

This may get interesting.

Oh, by the way. Law enforcement officers don't need to be armed according to the same court that found a sheriff guilty of carrying a concealed pistol in the lawful performance of his duty.

Here's what they said:

(emphasis added)

link:
State v. Reid, 1 Ala. 612, 35 Am. Dec. 44 (1840)

So, why would you want armed law enforcement officers to come into your office?

http://www.primaryicare.com/doctors.html

Is this you and your office? If so, please be aware that I will do everything in my power to ensure gun owners all over the US know you hate law abiding gun owners and to never darken your door again.

Please tell us if this is your office or not. eye doc

So, you guys are going to tear down and destroy a fellow hunter and American because he used common sense in a situation where his staff and customers were scared and asked a guy to leave?

I'll bet if anyone's wife, daughter or mother were sitting in that waiting room and told you about a skeezy-looking guy and how they were legitimately scared, not a damn one of you would say "Well, the Constitution gives him the right to do that whether you were scared or not, so get over it!"

As ususal, that's not what I'm saying at all. That's why I chose to put you on ignore.

This is important, so I looked to see what you posted.

We're not tearing the doc down for exercising his property rights. We just want to know ahead of time so we can send our families to a doctor who doesn't forbid them from having their own weapons in case some sleazy looking guy comes in to shoot the place up.

I want them to have their own protection in case that happens. And it's happening a lot lately.

Now, I'll just put you back on "ignore this member's posts" again.

Lets all "Calm" down here.

Open carry, inside a doctor's office, is just asinine at best. I would however, like to know how he feels about concealed carry, in his office.

He told us in plain terms.

Read what he said again. Slowwwlllyy this time. He don't want you having a gun at all on his property.

Lets let him explain 1st. If he is against concealed carry, then by all means flame away.

If I'm sitting in that office and someone walks in with a pistol strapped on that ain't in uniform, I'd be feeling a little "Under Gunned" myself

eyedoc is not trying to alienate or offend. he's using common sense. the same common sense that may make patients nervous that are sitting in a dr.'s waiting room if they see a 'disheveled' looking individual carrying a firearm. the same sense that says it's not common or usual for a person to be openly carrying a firearm IN A DR.'S OFFICE.

i lawfully carry concealed and have never openly carried but in general, I don't have a problem with those that exercise the right. make sure all the synapses are in brain order when you decide to bash eyedoc for exercising his right to use common sense.

Just out of curiosity, and off topic, does the open carry law specify "Handguns"? Could I walk around walmart with a shotgun, LOL?

My thoughts/questions - why is this common sense? Is it because we (the greater American populace) have been trained that guns, especially pistols, are bad and hence, people that own/carry guns, especially pistols, are bad? Is it the fear that because somebody has a gun, that they could be a criminal, even if they are not? Personally, I wish everybody, good guys and bad, that were packing would pack openly, at least then you would know where you stood and what you were up against, instead of just wondering if that disheveled person is possibly more of threat than he might appear to be a first glance.

Open carry = the first person the bad guy is gonna go after.
Open carry is made for the hunting property and away from people. IMO

Have some sense and hide it.