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Northport Attempts Citywide property gun ban.

Eddie Fulmer

Regular Member
Joined
Mar 23, 2011
Messages
29
Location
Tuscaloosa, Alabama
This is the Northport City Ordinance that was proposed at the meeting on Oct 1, 2012

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ORDINANCE NO.: _
ORDINANCE PROHIBITING ENTRY ON MUNICIPAL FACILITIES WHILE IN
POSSESSION OF A FIREARM
WHEREAS, The City of Northport wishes to clarify whether firearms are prohibited in or
on certain City owned areas;
WHEREAS, The City of Northport believes it is in the best interest of its citizens and, as
a matter of health, safety and public welfare, to limit the possession of firearms in certain City
owned property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTHPORT, AS FOLLOWS:
Entry on Municipal Facilities While in Possession of a Firearm Prohibited
(a) Definitions.
(1) Municipal Facility: A "municipal facility" is defined as those areas of
any building complex or facility or portion thereof owned, leased, operated, or
controlled by the City and shall include any City buildings, City parks and City
recreational areas used for team sports.
(2) Firearm: Shall have the same definition as "firearm" as provided in Code of Ala.
1975, §13A-11-59(a)(2), as amended.
(3) Handgun: Shall have the same definition as "firearm" as provided in Code of
Ala. 1975, § 13A-11-59(a)(2), as amended.
(b) Firearms other than handguns: It shall be unlawful for any person to possess a firearm
other than a handgun while on or in a municipal facility.
(c ) Handguns: Mere possession of a handgun in or on a municipal facility is not unlawful
unless otherwise prohibited by law. However, any person in possession of a firearm, including,
without limitation, a handgun, is not licensed, invited, or privileged to enter any municipal
facility and therefore is subject to denial of entry and ejection as a trespasser. Any police officer
of the city, and any other authorized city official, is authorized to deny entry and eject trespassers
pursuant to this section. The denial of such license to enter or remain in or on a municipal
facility shall apply only so long as the person is in possession of a firearm.
(d) Exceptions: This section shall not apply to the following:


(1) Firearms while they are lawfully kept in a vehicle.
(2) Any city law enforcement officer who is in good standing with the city, including,
without limitation, sworn police officers and arson investigators.
(3) Any law enforcement officer while on duty.
(4) Security guards who are lawfully armed for the purpose of providing contractual
services to the city.
(e) This Ordinance shall become effective upon passage by the Northport City Council.
ORDAINED this the __ day of , 2012.
CITY COUNCIL OF THE
CITY OF NORTHPORT
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When I found out about this I immediately did my best to let the Gun rights People know what was going on. The City Council was bombarded with phone calls and e-mails for almost a week. I also posted the info in all the "gun for sale" FB pages I could find. It was sold to the Paper and the Council as an Open Carry bill that wouldn't effect concealed carry but only ban OC. As you can see nothing could be further from the truth. However on Oct 10 I was invited to a meeting and shown the "Updated" ordinance. Exactly what we wanted to start with. Following State law is the best we can hope for. Please note the difference in the 2 documents. We had a little help from the NRA too.

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ORDINANCE NO. 1790
ORDINANCE PROIDBITING THE VIOLATION OF
STATE FIRE ARMS, WEAPONS AND PISTOL LAWS
WHEREAS, Section 11-80-11 of the Code of Alabama specifically allows a municipality
to adopt or enforce Ordinances which make the violation of a state firearms law a violation of a
municipal ordinance to the same extent as other state law violations;
WHEREAS, Section 11-45-1.1 of the Code of Alabama (as amended in 1994)
specifically allows a municipality to adopt Ordinances which make the violation of a state
handgun law a violation of a municipal ordinance to the same extent as other state law violations
and does not limit or restrict the power of a municipal court to exercise concurrent jurisdiction
with the district court over violation of state handgun laws which may be prosecuted as breaches
of a municipal ordinance;
WHEREAS, the City Council of the City of Northport, Alabama, believes it is in the best
interest of its citizens and as a matter of health, public safety and public welfare, for the City to
make all violations of state firearms laws and state handgun laws a violation of a municipal
ordinance to the same extent as other state law violations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTHPORT, ALABAMA, AS FOLLOWS:
Sec. 54-6. Violation of State Firearms, Weapons and Pistol Laws.
Any person or corporation committing an offense within the
corporate limits of the City, or within the police jurisdiction
thereof, which is declared by the laws of the state to be a
violation of any firearms, weapon or pistol laws, including
but not limited to Alabama Code Sections 13A-l1-50, et seq.,
shall be guilty of an offense against the City.
ORDAINED this the 15th day of October, 2012.
CITY COUNCIL OF THE CITY OF NORTHPORT
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Now that's what I'm talking about. :0)

The "new" ordinance will be voted on at the Oct 15th meeting of the council.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,525
Location
Fairborn, Ohio, USA
I notice that they reference the Alabama Code for the definitions. Couldn't they have read a little further and seen the part about preemption?

Someone should go in front of the City Council and dare them to pass it and then try to enforce it.


Sent from my iPad using Tapatalk.

<o>
 

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
They have backpedaled. I don't have the text of the ordinance, so hopefully Eddie will post it, but they no longer intend to prohibit possession of handguns on city property. Instead, they will ask you to leave and arrest you for trespassing if you don't. Some people see this as "good enough" or even a victory in itself. I don't.
 
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