• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Arrested for open carry. Waiting for a ruling from the Court of Criminal Appeals

solus

Regular Member
Joined
Aug 22, 2013
Messages
7,977
Location
here nc
13579

Pulled out of thin air from a magical hat after 4 years dormance with the empirical “IF” right case, “IF” i can read, coupled with “SEEMS’ thrown in for good measure, quite decisive eye95!
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
841
Location
Kentucky
There are some places to make a statement and get into a constitutional/legal debate with someone to prove a point. In a bank with gun on your hip while arguing with someone who can lawfully tell you to beat it, is probably not the best place.
That is how bad law gets changed.


It was an open to the public place. No restriction in such a public area should be allowed.
 

Kirbinator

Regular Member
Joined
Jan 22, 2010
Messages
902
Location
Urban Skeet City, Alabama

199 So.3d 827 (2016) Jason Dean TULLEY
v.
CITY OF JACKSONVILLE.

CR-11-1880.
Court of Criminal Appeals of Alabama.
February 12, 2016.
Appeal from Calhoun Circuit Court, (CC-11-1157).

Joseph J. Basgier III and Brett M. Bloomston, Birmingham; and J.D. Lloyd, Birmingham, for appellant.

Marilyn May Hudson, Jacksonville, for appellee.


On Remand from the Alabama Supreme Court


PER CURIAM.

In accordance with the opinion of the Alabama Supreme Court in Ex parte Tulley, 199 So.3d 812 (Ala.2015), we reverse the trial court's judgment and remand this case to the trial court for proceedings consistent with that opinion.

REVERSED AND REMANDED.

WINDOM, P.J., and WELCH, KELLUM, BURKE, and JOINER, JJ., concur.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,710
Location
Cincinnati, Ohio, USA
For all of about ten minutes.

SB286 (2013) re-codified it, in modified form:
View attachment 13683
WOW, remind me to never to enter the state of Alabama.
SECTION 26
Right to bear arms.
That every citizen has a right to bear arms in defense of himself and the state.
Reading your weapons statutes it appears it only applies to concealed carry, yet worded in a way that makes it appear to apply to any mode of carry.
 

Kirbinator

Regular Member
Joined
Jan 22, 2010
Messages
902
Location
Urban Skeet City, Alabama
WOW, remind me to never to enter the state of Alabama.

Reading your weapons statutes it appears it only applies to concealed carry, yet worded in a way that makes it appear to apply to any mode of carry.
They said they changed that law as well:

In 2014, voters ratified Amendment 888 to the Constitution of Alabama of 1901, which amended Article I, §26 to now read:

(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny.
(b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.

The amendment is modeled after a Louisiana constitutional amendment.
The big thing out of the Tulley case is that the ALSC or CCA admitted that 13A-11-52 is unenforceable as it lacks a punishment or fine or both, which makes it unconstitutional based on the doctrine of void for vagueness. You can't have a "Thou Shalt Not" law in state law.

However, I disagree with an amendment of Amendment 26 of the state constituion of 1901, on the basis that no power was delegated to the legislature to amend that law, and that sections 1 through 36 are excepted out of the general powers of government, "forever inviolate". Thus it requires a constitutional convention to alter that law.
 
Last edited:
Top