| Author | Post |
|---|
Malum Prohibitum
Member
| Joined: | Sat Sep 9th, 2006 |
| Location: | |
| Posts: | 686 |
| Status: |
Offline
|
|
Posted: Sat Apr 5th, 2008 06:09 am |
|
ironhead_72hd wrote: By Alabama State Law one cannot even apply for a permit unless they are at least 21 years of age so he definitely did not have a permit.
Please cite the law rather than just making bald assertions. It helps us learn. Thanks.
|
HungSquirrel
Member
| Joined: | Tue Oct 2nd, 2007 |
| Location: | Mobile, Alabama USA |
| Posts: | 122 |
| Status: |
Offline
|
|
Posted: Sat Apr 5th, 2008 06:12 am |
|
Nonsense. There is no state law saying this. There are ill-informed local sheriffs who feel the need to impose this illegal restriction, however.
|
kurtmax_0
Member
| Joined: | Mon Apr 23rd, 2007 |
| Location: | Auburn, Alabama USA |
| Posts: | 539 |
| Status: |
Offline
|
|
Posted: Sat Apr 5th, 2008 06:16 am |
|
The age to apply for a permit is very clearly 18 as outlined in:
- AGO-91-00227
- CoA 1975 Section 13A-11-76
- E.M. v. State 675 So. 2d 90; 1995
There are more but I don't have the energy to find them right now.
Last edited on Sat Apr 5th, 2008 06:17 am by kurtmax_0
|
Malum Prohibitum
Member
| Joined: | Sat Sep 9th, 2006 |
| Location: | |
| Posts: | 686 |
| Status: |
Offline
|
|
Posted: Sat Apr 5th, 2008 06:47 am |
|
Oh, come on guys, ironhead was so dogmatic, I wanted to give him a chance to look it up for himself. 
|
ironhead_72hd
Member
| Joined: | Fri Apr 4th, 2008 |
| Location: | |
| Posts: | 2 |
| Status: |
Offline
|
|
Posted: Sat Apr 5th, 2008 03:09 pm |
|
| You are right. I was looking at a specific county that we are getting ready to move to. Just looked at a different site that mentions the sherrif can set the minimum age higher. Baldwin County it is 21 but the state is minimum 18. Sorry for the confusion on my part.
|
kurtmax_0
Member
| Joined: | Mon Apr 23rd, 2007 |
| Location: | Auburn, Alabama USA |
| Posts: | 539 |
| Status: |
Offline
|
|
Posted: Sat Apr 5th, 2008 03:44 pm |
|
The ability for the Sheriff to set the age higher is debatable. Some would say that an age restriction above 18 would be arbitrary and capricious. Remember, the Sheriff must have a reasonable and articulable reason to deny issuance of a permit. If the legislature sets the age of the issuance at 18 is a blanket higher age restriction reasonable? Instead of 21, how about 23? Or 35? or 105? Alas, there is no case law, so nobody will know until somebody sues.
Anyways, I can guarantee that the 'Man arrested for open carry' did and still has a pistol permit. I saw the scans of his old one in court documents, and the one he possesses now I saw in person... (Actually, I don't quite remember if I saw his new one.. oh well I'm only 20 and my mind is already shot)
Lastly, welcome to OCDO. I suggest asking what the law is if you haven't seen them yourself. Many fliers and 'handbooks' distrubuted by police departments are incorrect (Police aren't accountable for knowing the law, only in extreme circumstances and after lots of money spent by the offended party are they accountable). While we are not lawyers (some might be, but for liability reasons they wouldn't let it be known...) most people on this site know the laws intimately. When you carry a firearm in a way that could get you arrested often it's not bad information to know...
Last edited on Sat Apr 5th, 2008 03:53 pm by kurtmax_0
|
Malum Prohibitum
Member
| Joined: | Sat Sep 9th, 2006 |
| Location: | |
| Posts: | 686 |
| Status: |
Offline
|
|
Posted: Sat Apr 5th, 2008 04:51 pm |
|
ironhead_72hd wrote: You are right. I was looking at a specific county that we are getting ready to move to. Just looked at a different site that mentions the sherrif can set the minimum age higher. Baldwin County it is 21 but the state is minimum 18. Sorry for the confusion on my part.
Sheriffs also tack on all sorts of other restrictions. If it were not for the Sheriff discretion issue, Alabama would have one of the top carry laws in the country (I can think of only one state that is better) since, with a license, virtually nothing is off limits.
Is there any local group in Alabama working on removing the discretion of Sheriffs, but carefully, with no other changes to the law?
|
Comp-tech
State Researcher
| Joined: | Tue Apr 10th, 2007 |
| Location: | Alabama USA |
| Posts: | 936 |
| Status: |
Offline
|
|
Posted: Sun Apr 6th, 2008 11:13 am |
|
@Malum....we have started a pro rights org in Alabama...not much accomplished yet, but we are at the stage of getting like minded people together.
http://forum.alabamagunrights.org/index.php
@Kurt...
Could I get you to have a look at a couple of cases?...they may relate to PL issue.
E.M. v. State, 675So 2nd, 90,92 Ala. Crim. App. 1995
U.S. v. Tait, 54 F Supp. 2nd 100 S.D. Ala. 1999
|
Malum Prohibitum
Member
| Joined: | Sat Sep 9th, 2006 |
| Location: | |
| Posts: | 686 |
| Status: |
Offline
|
|
Posted: Mon Apr 7th, 2008 02:22 am |
|
Comp-tech wrote: @Malum....we have started a pro rights org in Alabama...not much accomplished yet, but we are at the stage of getting like minded people together.
http://forum.alabamagunrights.org/index.php
@Kurt...
Could I get you to have a look at a couple of cases?...they may relate to PL issue.
E.M. v. State, 675So 2nd, 90,92 Ala. Crim. App. 1995
U.S. v. Tait, 54 F Supp. 2nd 100 S.D. Ala. 1999
Comp-Tech, that looks like a discussion forum. I could not find any information about the leaders of the group, fundraising, or even a place to pay a membership fee. Am I overlooking something obvious?
|
HungSquirrel
Member
| Joined: | Tue Oct 2nd, 2007 |
| Location: | Mobile, Alabama USA |
| Posts: | 122 |
| Status: |
Offline
|
|
Posted: Mon Apr 7th, 2008 06:25 am |
|
There are no such formalities at the moment. Right now we have gun discussions, and an effort to educate LEOs as to the legality of OC via a letter campaign. Not much else is going on as yet.
|
kurtmax_0
Member
| Joined: | Mon Apr 23rd, 2007 |
| Location: | Auburn, Alabama USA |
| Posts: | 539 |
| Status: |
Offline
|
|
Posted: Mon Apr 7th, 2008 10:43 pm |
|
I've already started on that. I'm planning to write up some rough bylaws in the near future, and to get something approved sometime in May. Between work and school I don't have much time for all this but I try!
Last edited on Mon Apr 7th, 2008 10:43 pm by kurtmax_0
|
Malum Prohibitum
Member
| Joined: | Sat Sep 9th, 2006 |
| Location: | |
| Posts: | 686 |
| Status: |
Offline
|
|
Posted: Fri Apr 18th, 2008 01:05 am |
|
kurtmax_0 wrote: I've already started on that. I'm planning to write up some rough bylaws in the near future, and to get something approved sometime in May. Between work and school I don't have much time for all this but I try!
Get some help from likeminded individuals! Divide up the labor!
|
UTOC-45-44
Member
| Joined: | Thu Feb 22nd, 2007 |
| Location: | Utah USA |
| Posts: | 2492 |
| Status: |
Offline
|
|
Posted: Wed May 28th, 2008 06:08 pm |
|
vmathis12019 wrote: I was just noticing that myself this morning. I'm going to call Stephanie Nelson (editor in chief) and check on that. I don't live in Andalusia so I don't have a paper copy of the newspaper, but I'll check on it.
Really the only updates that I can offer you are that Wal Mar still has me on an officiall list banning me for life from their stores. That is the next thing me and my attorney are going to try to rectify as they recieve public dollars and have no legal grounds to bar me (not to mention the very same store that this took place in STILL lacks any signs prohibiting firearms).
Unfortunately, I released the city and the police department from liability in exchange for the dismissal of the charges, so there will be no pursuit of litigation there. However, it is still a possibility that I will be filing a suit against Wal Mart for wrongful arrest and discrimination. That, of course, will be months down the road before any sort of update can be offered on that.
How can they ban you when they MIRROR State Law on carrying a firearm wether OCing or CCing ?
Just a few days ago I walked by a greeter with a S&W 4006 in a shoulder holster (right handed, so it's on the left side) and a Kimber in Serpa holster on right strongside. I passed by him on the way in AND on the way out. He could NOT have missed me since I was about 2-3 feet away from him both times.
The paper said that you were kinda argumentative( I wasn't there so I don't know) could that have ANYTHING to do with the "Official Banning" from their stores ? Not neccessarily that you carried by rather the escalation after the fact ??
What are your thoughts ????
TJ
|
kurtmax_0
Member
| Joined: | Mon Apr 23rd, 2007 |
| Location: | Auburn, Alabama USA |
| Posts: | 539 |
| Status: |
Offline
|
|
Posted: Wed May 28th, 2008 07:04 pm |
|
TBH.. vmathis doesn't seem like a very threatening guy (no offense ).
My guess is that it's just the managers at that Wal-Mart. Alabama is a very odd state. Most people have guns, but don't talk about them or anything. The democractic politicians sponsor 'shoot first' bills and the republicans try to pass the largest tax increases ever.... etc.. etc...
|
Weak 9mm
Member
|
Posted: Tue Jun 10th, 2008 09:56 am |
|
This is the second quad I've seen, but it's the first intentional quad.
|
BADMONKEY1103
Member
| Joined: | Fri Mar 21st, 2008 |
| Location: | Alabama USA |
| Posts: | 3 |
| Status: |
Offline
|
|
Posted: Sat Jun 21st, 2008 11:31 pm |
|
I was just going to jump in here for a second about the whole "Having to be 21 to get a CCL".
I live in Montgomery and I recently went and tried to get one, I'm 19 right now...and of course they denied me, so I'm collecting all the information I can and I'm going to contact DT Marshall with it all, just to see if I can get some kind of feed back.
It's insane how they just change things up for the hell of it, you should read their "Montgomery County Pistol Permit Information" pamphlet, it even states the Title 13A-11-76 and state: "You must not be a drug addict, habitual drunkard, or be of unsound mind." Totally omitting the "No person shall deliver a pistol to any person under the age of 18." part of it.
And (U.S. Code Annotated 922 (b1) which states if you are under 21 you can't buy from a licensed dealer.
Which is their whole reasoning behind the "You can't apply for the permit, because of this law." even though it never states you have to be 21 to get a permit...just that you can't buy from a licensed dealer.
Anyone have any information that would help me, I'd appreciate it.
Last edited on Sat Jun 21st, 2008 11:38 pm by BADMONKEY1103
|
kurtmax_0
Member
| Joined: | Mon Apr 23rd, 2007 |
| Location: | Auburn, Alabama USA |
| Posts: | 539 |
| Status: |
Offline
|
|
Posted: Tue Jul 1st, 2008 05:56 pm |
|
Just as an update. I recently obtained a pistol permit from the local Sheriff. I'm not 21 yet so.. yeah.
I have a pretty solid case against a sheriff not issuing permits simply because of age actually. I even went to an attorney about it, and was told I'd win (although I'd probably have to appeal). I didn't pursue a legal course of action due to cost and other problems I could get from the Sheriff if I did so.
When I finally graduate and get a 'real job', I'll probably save up some cash to bankroll a case for someone under 21 to get a permit.
|
ToJas
Member
| Joined: | Sun Jun 15th, 2008 |
| Location: | Alabama USA |
| Posts: | 32 |
| Status: |
Offline
|
|
Posted: Tue Jul 1st, 2008 06:11 pm |
|
kurtmax_0 wrote: Just as an update. I recently obtained a pistol permit from the local Sheriff. I'm not 21 yet so.. yeah.
I have a pretty solid case against a sheriff not issuing permits simply because of age actually. I even went to an attorney about it, and was told I'd win (although I'd probably have to appeal). I didn't pursue a legal course of action due to cost and other problems I could get from the Sheriff if I did so.
When I finally graduate and get a 'real job', I'll probably save up some cash to bankroll a case for someone under 21 to get a permit.
You get it from the Lee county sheriff?
|
Current time is 09:50 am | Page:   ... 8 9 10 11 12 13 |
|
