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kurtmax_0
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| Joined: | Mon Apr 23rd, 2007 |
| Location: | Auburn, Alabama USA |
| Posts: | 772 |
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Posted: Thu Apr 9th, 2009 05:54 pm |
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SlackwareRobert wrote:
You must OC when out with boozers, my sherriff has it written on my permit.
"#4 - No CC where booze is sold", so I must OC period. It is the law.
The only danger is those drive through booze stops. You need the permit for car,
but can't use the permit because of the booze.
Don't you just love obeying the law.
Wait.. It actually says 'booze'? That's pretty funny. In the US, booze is generally referring to liquor, and not beer though.
There is also no prohibition in Alabama on being drunk while carrying a firearm. You just can't be a 'habitual drunkard'.
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kurtmax_0
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| Joined: | Mon Apr 23rd, 2007 |
| Location: | Auburn, Alabama USA |
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Posted: Thu Apr 9th, 2009 06:01 pm |
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HungSquirrel wrote:
Be very careful, and have the laws and state supreme court cases written down as a reference! I think so far I haven't had any problems merely because no LEOs have spotted me exercising my rights.
It really doesn't matter. I would advise against trying to 'educate' a cop that is trying to arrest you. The less you say, the better. If a cop has already made up his mind to arrest you, some lawyerspeak (even from a lawyer) isn't going to change that.Last edited on Thu Apr 9th, 2009 06:02 pm by kurtmax_0
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dixieborn
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Posted: Thu Apr 9th, 2009 06:17 pm |
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From the Mobile county sheriff's office pistol permit, there is no restriction on carrying concealed in an establishment that sells alcohol... only that you cannot consume alcohol or drugs while carrying concealed.
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acrimsontide
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| Joined: | Sat Feb 17th, 2007 |
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Posted: Fri Apr 10th, 2009 12:41 am |
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SlackwareRobert wrote: You must OC when out with boozers, my sherriff has it written on my permit.
"#4 - No CC where booze is sold", so I must OC period. It is the law.
The only danger is those drive through booze stops. You need the permit for car,
but can't use the permit because of the booze.
Don't you just love obeying the law.
Wouldn't it be nice if it were that simple? 
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HungSquirrel
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| Joined: | Tue Oct 2nd, 2007 |
| Location: | Mobile, Alabama USA |
| Posts: | 304 |
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Posted: Sun Apr 19th, 2009 12:59 am |
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| No problems OCing at Zaxby's in Tillman's Corner this afternoon.
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HungSquirrel
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| Joined: | Tue Oct 2nd, 2007 |
| Location: | Mobile, Alabama USA |
| Posts: | 304 |
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Posted: Tue Apr 21st, 2009 02:34 am |
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| No problems at Wal-Mart in Tillman's Corner.
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HungSquirrel
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| Location: | Mobile, Alabama USA |
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Posted: Wed Apr 22nd, 2009 03:45 am |
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OC'ed at Burger King in Tillman's Corner.
When I walked in, one of the cooks saw everything, and his eyes got as wide as saucers. He just kinda stood there, staring at me. He was enormous; there's no reason a kid as big as that ought to work at a fast food joint, but I digress.
Ordered, paid, waited at the counter with my XDm where all the world could see while they cooked my food. Two customers came in behind me. One noticed, the other didn't. The more observant one didn't say anything to me.
Sat down in a corner with my strong side out in the aisle, XDm plainly visible. Finished, and left.
The most eventful part of the visit was the pair of stray dogs humping in the parking lot. Hit it, brother!
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HungSquirrel
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| Joined: | Tue Oct 2nd, 2007 |
| Location: | Mobile, Alabama USA |
| Posts: | 304 |
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Posted: Thu Apr 23rd, 2009 01:50 am |
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Subway at Government & Azalea. The "sandwich artists" both saw my XDm, but concerned themselves with making a fine sandwich rather than phoning in an MWAG. 
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Mississippian
Regular Member
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Posted: Thu Apr 23rd, 2009 06:22 am |
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Keep up the good work  I am going to be CCing for the next few days, not only am I working, but am headed to Lubbock TX, so no OC for me until I get back sometime saturday.
Maybe I will be able to make it to that restaurant on Sunday to talk to the manager, sounds like we'd have a pretty good turnout if he doesn't mind.
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dixieborn
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Posted: Thu Apr 23rd, 2009 08:04 pm |
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OC'd my Sig P220 with no issues at the Wal-Mart on Schillinger and Winn-Dixie at Schillinger/Ziegler yesterday... didn't even get too many funny looks!
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HungSquirrel
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| Location: | Mobile, Alabama USA |
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Posted: Fri Apr 24th, 2009 03:29 am |
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Big day today.
Lowe's in Tillman's Corner. Bought a ceiling fan. A few stares. No comments.
Sonny's in Tillman's Corner. Customers and the waitress noticed me. Nothing was said. I noticed they sold beer on the premises, but I saw no problem with that, as we don't have a law prohibiting carry in establishments that serve, and I did not partake.
Wal-Mart in Tillman's Corner. I know the rent-a-cop and a few employees noticed. Nothing was said.
MovieStop in Mobile. I know the customers and one of the employees noticed. Nothing was said.
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HungSquirrel
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| Location: | Mobile, Alabama USA |
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Posted: Sat Apr 25th, 2009 04:37 am |
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Firehouse Subs in Tillman's Corner. No problems. I sat with my strong side facing the counter, so I know the employees saw. Furthermore, I was dressed in jeans and a casual cotton button-up, carrying my sixgun. Give me a stetson and I coulda been a cowboy. No way they thought I was a LEO or anything. They said nothing about it. They had Fox News on the tube, so maybe they're not terribly liberal.
Went into the GameStop in the same shopping center. No problems. The staff were friendly and professional.
Went into the Chevron across the street to get a drink. Again, no problems.
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HungSquirrel
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| Joined: | Tue Oct 2nd, 2007 |
| Location: | Mobile, Alabama USA |
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Posted: Sun Apr 26th, 2009 01:10 am |
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| No problems at Zaxby's again.
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Mississippian
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Posted: Sun Apr 26th, 2009 03:59 am |
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HungSquirrel wrote: No problems at Zaxby's again.
You are rockin' 'n rollin'...I'm glad to hear it.
Carry On
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HungSquirrel
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Posted: Sun Apr 26th, 2009 04:35 am |
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| It's too damn hot to conceal.
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dixieborn
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Posted: Tue Apr 28th, 2009 08:19 pm |
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Well I had my first run in with the MPD today! Knew it had to happen sometime... The day started out alright; shopped in Winn Dixie at Ziegler/Schillinger, Winn Dixie at Airport/Snow (the first one didn't have what I was looking for), Lowe's at Airport/Schillinger, and Hobby Lobby at Airport/Schillinger. No issues at any of those spots. In fact, in Lowe's, a LEO walked right past me from my strong side, definitely saw the Sig, but didn't say a word.
Now, for the last stop of the day. Went into WalMart right there on Schillinger, walked all around the store, got what I wanted and was in the checkout line when a manager came up to me. He asked if I was a cop or some kind of LEO. I told him that I wasn't, I happened to be in the military, but not a police officer, no. At which point he told me that I was not allowed to carry my gun openly, I had to have a pistol permit and carry it concealed, even if it's just pulling my shirt over it.
I've heard the stories of people getting arrested and what not, so I was sure to keep my cool and be respectful. But I was also not going to roll over and let him keep his mistaken understanding of the law! So I asked him if that was a store policy, in which case I would gladly bring my gun out to the truck or conceal the weapon, but it is not actually prohibited by law in Alabama. He responded that no, it's not a store policy, but that Alabama law states you must have a permit and that only gives you the privilege to carry concealed. At this point I pulled my shirt over my gun to make him more comfortable with it, but I reasserted the fact that it is not actually illegal to open carry. He said he could call a police officer to come down and we could talk about it with them. To which I happily agreed!
Well, when he called the police, the person on the phone told him that it was in fact illegal (not surprising), I, of course, told him I'd heard they were wrong like that sometimes. So he asked them to send someone over. When the LEO arrived, he disarmed me (took my knife too!) and asked me the general questions about why I was carrying it etc. Another officer arrived and he grilled me for a while as well. I made it a point to be as professional and respectful as possible while still trying to understand their point of view. They told me that they could both revoke my permit and consequently advise the sheriff not to issue me another, and also arrest me for disorderly conduct. Since they were not planning on doing either, I made sure to be careful so as not to change their minds!
But the conversation never got very far as they would not let me get out more than a couple sentences of my view before interrupting me. Apparently their view is that people have the right not to be nervous, and that right trumps my God-given right that is confirmed in writing in the 2nd amendment. We couldn't get past that, so the conversation was over. The cop walked my gun back to my truck for me and then said have a nice day.
All in all, I will certainly be open carrying again, but likely not in that WalMart. I imagine if that manager has to call the cops on me again that I WILL be arrested. So it's concealed there from now on, but we'll keep investigating the rest of the town!
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HungSquirrel
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| Joined: | Tue Oct 2nd, 2007 |
| Location: | Mobile, Alabama USA |
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Posted: Tue Apr 28th, 2009 10:00 pm |
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| You need to ensure you carry a voice recorder and have it recording at all times in case your next police encounter doesn't go as "well" as that one went. The closest thing in the Code of Alabama to preventing open carry in private establishments is 13A-11-52, but KJ v. State of Alabama says 13A-11-73 is a complete revision of the subject matter, so 13A-11-52 won't apply to OC, just CC. Odds are, the officers won't give a damn what the case law says, and arrest you anyway. A recording of the encounter may assist your legal case, and any subsequent suits you may file.
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Mississippian
Regular Member
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Posted: Tue Apr 28th, 2009 11:45 pm |
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I can guarantee you, if they had reason to arrest you, they would have.
Time to call corporate.
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the wheeelman
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| Joined: | Tue Jan 20th, 2009 |
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Posted: Thu Apr 30th, 2009 08:50 pm |
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You should absolutely follow up with corporate and file a complaint. We have been over this time and time that Walmarts policy is to follow the state laws. They clearly harrased you by calling the police thus breaking their policy.
File a complaint with corporate and fill us in on what happens.
Last edited on Thu Apr 30th, 2009 08:58 pm by the wheeelman
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dixieborn
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Posted: Fri May 1st, 2009 07:34 pm |
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That's a good idea, I'll have to write them a letter when I get a chance.
Today was a much less eventful day... OC'd my Sig all through Lowe's, Sears, Target, and Home Depot all in the Shcillinger/Airport area with no run-ins with the cops! In three of the stores I even had employees helping me look at some stuff and they didn't seem nervous or concerned in the least. This was encouraging!
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