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Re: Your Right to Bear Arms - BamaCarry.com [Re: jchan] #652202
08/17/13 04:07 PM
08/17/13 04:07 PM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline OP
Booner
49er  Offline OP
Booner
Joined: Oct 2005
Posts: 10,997
Warrior River Country
There is no simple explanation of the changes and no, that's not the jist of it.

The bill started out in the Senate repealing 13A-11-52:

Quote:
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.

(Acts 1919, No. 204, p. 196; Code 1923, §3487; Code 1940, T. 14, §163; Code 1975, §13-6-122.)



Instead, the House version that was eventually passed by the republicans in both the House and Senate added even more language to the bill:

Quote:
§13A-11-52.

Except as otherwise provided in this article, no
person shall carry a pistol about his person on
private property not his own or under his control unless the
person possesses a valid concealed weapon permit or the person
has the consent of the owner or legal possessor of the
premises;
but this section shall not apply to any law enforcement officer 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.



The changes in the law and the law itself doesn't make any sense. The law defines no punishment in its old or new language. It should have been repealed like the Senate version intended to do.

Back in 1911, the Supreme Court of Alabama ruled that this law applies only to pistols carried for offensive purposes:

Isaiah v. The State.
[NO NUMBER IN ORIGINAL]
SUPREME COURT OF ALABAMA
176 Ala. 27; 58 So. 53; 1911 Ala. LEXIS 401
June 30, 1911, Decided

Quote:
OPINION BY: ANDERSON

OPINION

ANDERSON, J.--Section 2 of Acts Special Session 1909, p. 258, says: "It shall be unlawful for any
person to carry a pistol about his person on premises not his own or under his control," etc. Section 5 provides that the indictment is sufficient if it charges that the defendant carried a pistol "on premises not his own or under his control." This is a criminal statute, and must be strictly construed, and, so construed, it means that a person is prohibited from carrying an unconcealed pistol only upon "premises" not his own or under his control; that is, he may carry it anywhere except upon the premises of another. It is therefore a mere regulation as to carrying an unconcealed pistol, and is intended to prevent one person from going armed with a pistol upon the premises of another, and does not prohibit the carrying of same, if not concealed, upon the highway or elsewhere other than upon the premises of another.

Said section 2 is not violative of section 26 of the Bill of Rights, as it merely prevents the carrying of arms for offensive purposes, and does not deprive a person of the right to bear arms in defense of himself or the state. Moreover, section 4 of the act authorizes the defendant to give in evidence the fact that he had good reason to apprehend an attack, either in mitigation of the fine or in justification of the offense.



I don't know of any property owner in his right mind who would give permission for someone to bring a pistol onto his property for offensive purposes.


When the Supreme Court of Alabama has ruled on a subject, our legislature is bound to adhere to it:

Quote:
"`In the final analysis, the concept of law and order, the very essence of a republican form of government, embraces the notion that when the judicial process of a state or federal court, acting within the sphere of its competence, has been exhausted and has resulted in a final judgment, all persons affected thereby are obliged to obey it.'
"United States v. Wallace, 218 F.Supp. 290, 292 (N.D.Ala.1963)....


Moore v. JUDICIAL INQUIRY COM'N OF STATE, 891 So. 2d 848 - Ala: Supreme Court 2004


The Association of District Attorneys and the Alabama Sheriff's Association even advise in their analysis that criminal trespassing or disorderly conduct should be charged instead of the new version of the law due to no punishment being defined for a violation of it.

Most of these gun control laws went into effect when the Uniform Firearms Act of 1936 was passed. The Act has never been challenged before the Supreme Court of Alabama on constitutional grounds.


As for the requirement for a pistol permit before entering a vehicle with a pistol, bear in mind that carrying concealed weapons is against the law. It was described by the Alabama Supreme Court, the Alabama Attorney General and the Alabama Legislature in The State v Reid as an evil practice that is promotive of violence and bloodshed and the law against carrying pistols concealed was " ...intended merely to promote personal security, and to put down lawless aggression and violence, and to that end inhibits the wearing of certain weapons, in such a manner as is calculated to exert an unhappy influence upon the moral feelings of the wearer, by making him less regardful of the personal security of others."

Why would anyone want to carry pistols concealed if that is true? Why would sheriffs be allowed or want to sell permits for such an evil practice if it is conducive of violence and bloodshed and has such an unhappy influence on the morals of the bearer when it is not a protected and enumerated part of our fundamental rights according to the opinion of the Court of last resort in our state?

The requirement for a pistol permit to carry a pistol in your vehicle unless it is rendered inoperative and out of reach is similar to the requirement for firearms to be rendered inoperative in the Heller case that was heard in the US Supreme Court:

Quote:
...We turn finally to the law at issue here. As we have said, the law totally bans handgun possession in the home. It also requires that any lawful firearm in the home be disassembled or bound by a trigger lock at all times, rendering it inoperable. As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self,
family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights,27 banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster.

District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court 2008


The Supreme Court of Alabama ruled the same in The State v Reid:

Quote:
... A statute which, under the pretence of regulating, amounts to a destruction of the right, or which requires arms to be so borne as to render them wholly useless for the purpose of defence, would be clearly unconstitutional.

Re: Your Right to Bear Arms - BamaCarry.com [Re: jchan] #652339
08/18/13 03:08 AM
08/18/13 03:08 AM
Joined: Aug 2006
Posts: 32,451
North Alabama
YEKRUT Offline
Turkey Nut
YEKRUT  Offline
Turkey Nut
Joined: Aug 2006
Posts: 32,451
North Alabama
Originally Posted By: jchan
Can someone, in laymans terms, describe the changes made? From what I can gather, you can still conceal carry at any location that you could previously, but businesses can not allow you to open carry. Is this the jist of it?


There ya go smile clear as mud


Some men are mere hunters; others are turkey hunters. —Archibald Rutledge—
Re: Your Right to Bear Arms - BamaCarry.com [Re: 49er] #652581
08/18/13 10:00 AM
08/18/13 10:00 AM
Joined: Nov 2011
Posts: 967
S
striker6126 Offline
6 point
striker6126  Offline
6 point
S
Joined: Nov 2011
Posts: 967
seems to me like all the new gun law has done is prompt no gun signs to pop up everywhere. I heard the local police dept are putting passing them out.

Re: Your Right to Bear Arms - BamaCarry.com [Re: 49er] #652588
08/18/13 10:07 AM
08/18/13 10:07 AM
Joined: Dec 2002
Posts: 51,977
Round ‘bout there
C
Clem Offline
Mildly Quirky
Clem  Offline
Mildly Quirky
C
Joined: Dec 2002
Posts: 51,977
Round ‘bout there
If I did not want bicycles or dogs on my property or place of business, would the police department provide me with "NO BICYCLES ALLOWED" or "NO DOGS ALLOWED" signs?

Who's paying for these signs and where are they being handed out by the police? What cities? If they are in your city, post it.


"Hunting Politics are stupid!" - Farm Hunter

"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013

"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
Re: Your Right to Bear Arms - BamaCarry.com [Re: 49er] #652590
08/18/13 10:08 AM
08/18/13 10:08 AM

S
steelman
Unregistered
steelman
Unregistered
S


We have recently had the no guns allowed signs put on every single door at work..contractors cant bring them on premises but employees can..just have to keep them in a locked vehicle.

Re: Your Right to Bear Arms - BamaCarry.com [Re: Clem] #652730
08/18/13 12:59 PM
08/18/13 12:59 PM
Joined: Nov 2011
Posts: 967
S
striker6126 Offline
6 point
striker6126  Offline
6 point
S
Joined: Nov 2011
Posts: 967
Originally Posted By: Clem
If I did not want bicycles or dogs on my property or place of business, would the police department provide me with "NO BICYCLES ALLOWED" or "NO DOGS ALLOWED" signs?

Who's paying for these signs and where are they being handed out by the police? What cities? If they are in your city, post it.


Luverne is the city I was referring in my post. There are no guns signs all over town that I was told was put up by the city police dept.

Re: Your Right to Bear Arms - BamaCarry.com [Re: 49er] #652732
08/18/13 01:01 PM
08/18/13 01:01 PM
Joined: Jun 2000
Posts: 5,425
Gordo al
laidback Offline
12 point
laidback  Offline
12 point
Joined: Jun 2000
Posts: 5,425
Gordo al
Joined bama carry yesterday. I know Eddie Fulmer well and he is a good guy.


Oakwood Kennels Gordo Alabama
Retriever Training
Wood's Gracie RIP 12/08/03 - 01/15/16
HRCH Wood's Rascal MH RIP 07/15/06 - 01/26/17
HRCH Wood's Maggie
Wood's Gypsy
KJ Just Wood's Sebastian (Saban)
Xena Princess Warrior


“He is your friend, your partner, your defender, your dog. You are his life, his love, and his leader. He will be yours, faithful and true to the last beat of his heart. You owe it to him to be worthy of such devotion.” Unknown
Re: Your Right to Bear Arms - BamaCarry.com [Re: ] #652751
08/18/13 01:18 PM
08/18/13 01:18 PM
Joined: Jun 2004
Posts: 8,377
Gulfcrest
bigt Offline
14 point
bigt  Offline
14 point
Joined: Jun 2004
Posts: 8,377
Gulfcrest
Originally Posted By: steelman
We have recently had the no guns allowed signs put on every single door at work..contractors cant bring them on premises but employees can..just have to keep them in a locked vehicle.

That's interesting how contractors can't but employees can, but at my plant nothing changed.....nobody is allowed to have a gun in their vehicles in our parking lot.


Life is too short to be small !!

http://crshuntingclub.webs.com/
Re: Your Right to Bear Arms - BamaCarry.com [Re: 49er] #652755
08/18/13 01:23 PM
08/18/13 01:23 PM
Joined: Jun 2004
Posts: 8,377
Gulfcrest
bigt Offline
14 point
bigt  Offline
14 point
Joined: Jun 2004
Posts: 8,377
Gulfcrest
Btw Welcome back 49er we have not always agreed on things but you definitely have a good cause you are fighting for here and your passion for this cause is needed to keep our politicians in check. Stay passionate and stay positive!


Life is too short to be small !!

http://crshuntingclub.webs.com/
Re: Your Right to Bear Arms - BamaCarry.com [Re: bigt] #652927
08/18/13 03:31 PM
08/18/13 03:31 PM
Joined: May 2009
Posts: 678
Florence, AL
Jack Fate Offline
4 point
Jack Fate  Offline
4 point
Joined: May 2009
Posts: 678
Florence, AL
Originally Posted By: bigt
Originally Posted By: steelman
We have recently had the no guns allowed signs put on every single door at work..contractors cant bring them on premises but employees can..just have to keep them in a locked vehicle.

That's interesting how contractors can't but employees can, but at my plant nothing changed.....nobody is allowed to have a gun in their vehicles in our parking lot.


If that is true, then your employer is breaking the law. One of the main provisions of the law was that an employer cannot prohibit an employee from having a gun in his/her car in the parking lot.


I Have Stood Next To Death, and People Liked Him Better



Re: Your Right to Bear Arms - BamaCarry.com [Re: Jack Fate] #652970
08/18/13 03:57 PM
08/18/13 03:57 PM
Joined: Jan 2005
Posts: 33,437
Your mom’s house
doekiller Offline
Freak of Nature
doekiller  Offline
Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
Originally Posted By: Jack Fate
Originally Posted By: bigt
Originally Posted By: steelman
We have recently had the no guns allowed signs put on every single door at work..contractors cant bring them on premises but employees can..just have to keep them in a locked vehicle.

That's interesting how contractors can't but employees can, but at my plant nothing changed.....nobody is allowed to have a gun in their vehicles in our parking lot.


If that is true, then your employer is breaking the law. One of the main provisions of the law was that an employer cannot prohibit an employee from having a gun in his/her car in the parking lot.


I am tried to tell him that already and they told him different so, he believes his boss.

Last edited by doekiller; 08/18/13 03:57 PM.
Re: Your Right to Bear Arms - BamaCarry.com [Re: doekiller] #652983
08/18/13 04:09 PM
08/18/13 04:09 PM
Joined: Jun 2004
Posts: 8,377
Gulfcrest
bigt Offline
14 point
bigt  Offline
14 point
Joined: Jun 2004
Posts: 8,377
Gulfcrest
Originally Posted By: doekiller
Originally Posted By: Jack Fate
Originally Posted By: bigt
Originally Posted By: steelman
We have recently had the no guns allowed signs put on every single door at work..contractors cant bring them on premises but employees can..just have to keep them in a locked vehicle.

That's interesting how contractors can't but employees can, but at my plant nothing changed.....nobody is allowed to have a gun in their vehicles in our parking lot.


If that is true, then your employer is breaking the law. One of the main provisions of the law was that an employer cannot prohibit an employee from having a gun in his/her car in the parking lot.


I am tried to tell him that already and they told him different so, he believes his boss.

I listened.......got a call into my state rep to see what he says, but a local attorney said that my plant could be considered a limited access facility. After I talk to my rep tomorrow since he sponsored the bill I will check back in on his definition on limited access facility.


Life is too short to be small !!

http://crshuntingclub.webs.com/
Re: Your Right to Bear Arms - BamaCarry.com [Re: 49er] #653081
08/18/13 06:04 PM
08/18/13 06:04 PM
Joined: May 2013
Posts: 50
talladega county alabama
edward Offline
spike
edward  Offline
spike
Joined: May 2013
Posts: 50
talladega county alabama
popping up here to
if I see a sign I shop some were else
and let the owner know why


always looking to remove yotes in exchange for trapping rights after deer season is closed in the coosa county and talladega area

always looking to buy good used traps
Re: Your Right to Bear Arms - BamaCarry.com [Re: striker6126] #653086
08/18/13 06:13 PM
08/18/13 06:13 PM

O
outdoorobsession
Unregistered
outdoorobsession
Unregistered
O


Originally Posted By: striker6126
Originally Posted By: Clem
If I did not want bicycles or dogs on my property or place of business, would the police department provide me with "NO BICYCLES ALLOWED" or "NO DOGS ALLOWED" signs?

Who's paying for these signs and where are they being handed out by the police? What cities? If they are in your city, post it.


Luverne is the city I was referring in my post. There are no guns signs all over town that I was told was put up by the city police dept.


If you live there you need to raise a stink! are they paying for those signs with your tax dollars????

My advice is dont spend a dime in any business in Luverne that has a sign denying your 2nd amendment right.

Re: Your Right to Bear Arms - BamaCarry.com [Re: 49er] #653090
08/18/13 06:15 PM
08/18/13 06:15 PM

O
outdoorobsession
Unregistered
outdoorobsession
Unregistered
O


let me restate that...we ALL need to not do business with ANY company that denies your right to self protection. let them know why you arent doing business with them as well. Hit them where it hurts,...their pockets!

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