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Tuscaloosa City Council to violate preemption and ban handgun carry in city buildings!

aadvark

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Depends on Reciprocity.

However, like Virginia, onecan Open Carry any Firearm or Weapon without any Permit.

However, as is codified under Alabama Code 1975 13A-11-59 you can not Carry to or while at any 'Public Demonstration'. Having a Permit, in either Case, is no excuse.

Furthermore, withouta Permit, K-12 School Carry is forbidden, but College/University Carry is okay. With a Permit, you may Carry at any School in Alabama.

If you Conceal a Pistol, or get in a Vehicle with a Pistol, you HAVE to have a Permit.

Long-guns and Weaponshave no restrictions without a Permit as long as they are Carried Openly and are not at 'Public Demonstrations' or K-12 Schools.
 

jbird

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This may be helpful, http://www.ago.alabama.gov/ag_items.cfm?Issue=64, according to the AG it is unclear if Alabama can/will recognize non-resident permits since the law does not specifically address them. The unofficial position of the AG is that they will honor non-resident licenses of states that have reciprocity with Alabama,but there is no case law or official AG opinion yet.

I seem to recall , but can't find it at the moment, a FAQ section on the AG's site that said that Alabama residents must have an Alabama Pistol License, no out of state non-resident license. I'll try to find it tomorrow .



Jay
 

JimMullinsWVCDL

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Mike wrote:
aadvark wrote:
Depends on Reciprocity.
no, it depends on what alabama law says re residents - what is the law?

Alabama residents may not use a reciprocal state's permit. Ala. Code § 13A-11-85(a) provides:

A person licensed to carry a handgun in any state whose laws recognize and give effect in that state to a license issued under the laws of the State of Alabama shall be authorized to carry a handgun in this state. This section shall apply to a licenseholder from another state only while the licenseholder is not a resident of this state. A licenseholder from another state shall carry the handgun in compliance with the laws of this state.
 

Bhamrichard

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Though I would prefer there were some differences in the law, it's been a complete "non-issue" to me. No guns in the courthouse, city hall, etc. Places I try my best to stay out of anyway.

Otherwise, I can carry practically anywhere I want. Other than the sign posted at my town's city hall about "no weapons beyond this point".. I've never seen such posted anywhere else, well one of the local gun stores posts that too, go figure.

While I admit open carry is legal, there are some police jurisdictions around here (Gardendale comes to mind) that would make as big an issue out of it as they could, as one other story on this board relates. Then again Gardendale has the "our s**t don't stink" attitude about everything.
 

Mike

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Bhamrichard wrote:
While I admit open carry is legal, there are some police jurisdictions around here (Gardendale comes to mind) that would make as big an issue out of it as they could, as one other story on this board relates. Then again Gardendale has the "our s**t don't stink" attitude about everything.
Sounds like Gardendale needs to have an open carry litter pic up or picnic soon!
 

Bhamrichard

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Mike wrote:
Bhamrichard wrote:
While I admit open carry is legal, there are some police jurisdictions around here (Gardendale comes to mind) that would make as big an issue out of it as they could, as one other story on this board relates. Then again Gardendale has the "our s**t don't stink" attitude about everything.
Sounds like Gardendale needs to have an open carry litter pic up or picnic soon!
I would pay good money to see that :)

I have little doubt that there would be issues.. Gardendale is unique in many ways. The town is practically run by the big Baptist Church. As example, they refused to allow a large regional movie theater company to open a location in the city, because they would not agree to not show any "R" rated movies. It's just that kind of really screwed up mentality.
 

Macboo

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One way to combat this is to print and carry the AG opinion on Open carry in Alabama. When you are told it is illegal to open carry (as I was in Jefferson County) simply present them with the opinion and ask them to explain how you are misinterpreting the content. (This is normally accompanied by a blank stare followed by a red face) Once they have read it, it becomes a non issue. I actually got the AG opinion on here somewhere.
 

aadvark

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Like I have said before..., I have sent The City of Tuscaloosa a copy of any and all applicable Court Documents to prove that their Mayoral and City Actions, concerning Pistols (and Firearms/Weapons in General) are Unlawful and Illegal.

Hopefully soon, I will recieve returned correspondence.
 

Bhamrichard

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aadvark wrote:
Like I have said before..., I have sent The City of Tuscaloosa a copy of any and all applicable Court Documents to prove that their Mayoral and City Actions, concerning Pistols (and Firearms/Weapons in General) are Unlawful and Illegal.

Hopefully soon, I will recieve returned correspondence.
Be interesting to see if they respond and in what manner. The State preempts the city with regard to handguns, but there's nothing in the preemption that prevents the city from passing ordinances regarding long guns.
 

aadvark

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WRONG!!!!!

READ ALABAMA CODE 1975 11-80-11!!!!!!

THEY ARE PREEMPTED!!!!!
 

Bhamrichard

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Bhamrichard

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Kirbinator wrote:
he means 11.45-1.1
Hmm, that can't be it, 11.45-1.1 specifically says handguns. I don't think there is a preemption for long guns, but I'm still looking around :)
 

aadvark

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No, Alabama Code 1975 11-80-11 applies to Firearms as well, not just Gun Shows and Lawsuit Preemption! The Code, straight out of the Law Book reads:

Section 11-80-11
Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General.
(a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components.

(b)(1) Subsection (a) does not affect the authority a municipality has under law to regulate the discharge of firearms within the limits of the municipality or the authority a county has under law enacted prior to August 1, 2000, to regulate the discharge of firearms within the jurisdiction of the county.

(2) Subsection (a) does not affect the authority of the state, a county, or a municipality to assess, enforce, and collect sales taxes, use taxes, and gross receipts taxes in the nature of sales taxes as defined by Section 40-2A-3(8), on the retail sale of firearms and ammunition or to assess, enforce, and collect business licenses from firearms or ammunition manufacturers, trade associations, distributors, or dealers for the privilege of engaging in business.

Further, nothing herein shall exempt any business which uses firearms or ammunition in the conduct of its business or any business which leases or sells firearms or ammunition from the provisions of county and municipal planning and zoning laws, as long as the code, ordinance, or regulations are not used to circumvent the intent of subsection (a).

This section shall not be construed to limit or restrict the power of a municipality to adopt or enforce ordinances which make the violation of a state firearm law a violation of a municipal ordinance to the same extent as other state law violations.

(c) The authority to bring or settle any lawsuit in which the state has an exclusive interest or right to recover against any firearm or ammunition manufacturer, trade association, or dealer, and the authority to bring or settle any lawsuit on behalf of any governmental unit created by or pursuant to an act of the Legislature or the Constitution of Alabama of 1901, or any department, agency, or authority thereof, for damages, abatement, injunctive relief, or other equitable relief resulting from or relating to the design, manufacture, marketing, or lawful sale of firearms or ammunition, or both, shall be reserved exclusively to the Attorney General, by and with the consent of the Governor. This section shall not prohibit a county or municipal corporation from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local governmental authority.

(Act 2000-762, p. 1744, §1.)
Therefore, Long-guns are Preempted as well, no just Pistols!

This Law covers ALL Firearms, where as, 11-45-1.1 just applies to Pistols only!
 

AL Ranger

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Maybe we need to bombard the Attorney General's office with the fact that the politicos in Tuscaloosa are trying to grant themselves power that is reserved to the State government. If we are lucky, the State can yank a knot in their tails.
 
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