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ALABAMA OPEN CARRY ON BEHALF OF THE CITIZENS OF ALABAMA: A REQUEST FOR UPDATED, CLARIFIED FIREARMS & CARRY LAW Click anywhere on a slide to advance to.

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Presentation on theme: "ALABAMA OPEN CARRY ON BEHALF OF THE CITIZENS OF ALABAMA: A REQUEST FOR UPDATED, CLARIFIED FIREARMS & CARRY LAW Click anywhere on a slide to advance to."— Presentation transcript:

1 ALABAMA OPEN CARRY ON BEHALF OF THE CITIZENS OF ALABAMA: A REQUEST FOR UPDATED, CLARIFIED FIREARMS & CARRY LAW Click anywhere on a slide to advance to the next slide.

2 How important is this issue? Alabama Ranks 10 th in gun ownership in the United States! In 2009 a study was done to determine The Most Armed States. Data from the FBIs National Instant Criminal Background Check System was analyzed for an18 month period. They divided the number of background checks by each states population, according to the U.S. Census Bureau's 2009 estimates. Alabamas Population: 4,708,708 NICS backgroun d checks per 100,000 residents: 16,860 Alabama Ranked 10 th in the states with the most gun ownership. Alabamians are passionate about their right to bear arms! Results:

3 The Current Alabama Weapons Code Does NOT Reflect The 2 nd Amendment, Recent Supreme Court Rulings, Or Past Alabama Court Rulings. The 2 nd Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. District of Columbia v. Heller: (1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. The core holding in D.C. v. Heller is that the Second Amendment is an individual right intimately tied to the natural right of self-defense. McDonald v. Chicago: The Second Amendment right to keep and bear arms for self defense in one's home is fully applicable to the states through the Fourteenth Amendment. (Continued)

4 The Current Alabama Weapons Code Does NOT Reflect The 2 nd Amendment, Recent Supreme Court Rulings, Or Past Alabama Court Rulings. Alabama Constitution Article 1 Section 26: That every citizen has a right to bear arms in defense of himself and the state STATE v REID (1840) Under the provision of our constitution, we incline to the opinion that the Legislature cannot inhibit the citizen from bearing arms openly, because it authorizes him to bear them for the purposes of defending himself and the State, and it is only when carried openly, that they can be efficiently used for defense. QUARTERLY REPORT ATTORNEY GENERAL VOL.79 (1955) pgs ***it is my opinion that a person may carry an unconcealed and unlicensed pistol anywhere, either on his own property, ***, on the public highways, public property or the land of another person without violating either Section 163 (now codified as § 13A-11-52) or Section 175 (now codified as § 13A-11-73). KJ v STATE,(1997).***this court held that § 13A does not prohibit carrying an unlicensed pistol if the pistol is unconcealed and the person is on foot. MORRIS v STATE (1977) It is to be observed that this law prohibits carrying a pistol (concealed or not) in any vehicle or "concealed on or about his person, except... without a license therefore.. [**4].." It does not prohibit an unconcealed pistol. Acts 1956, 2d Session, No. 43, p It is immaterial that defendant did or did not have a pistol permit. He had a right to carry the pistol unconcealed at the time and place of arrest. Defendant was under no duty to submit to any other than a lawful arrest. A Selection of Alabama Rulings:

5 The gun laws in Alabama are in dire need of updating and clarification. What needs to change in detail: Change Alabama from a May Issue state, to a Constitutional Carry or at the very least a Shall Issue state. Therefore, no local government, sheriff etc. can decide differently on state laws - no discretionary requirements are needed. No permit needed to openly or concealed carry while in a vehicle, my vehicle is an extension of my home. Repeal the prohibition of carry near or participating in a demonstration (Violates the 2nd and 1st Amendments of the US constitution.) Disorderly Conduct and Disturbing the Peace laws cannot be used as "Catch All" charges for a person who is peaceably, lawfully openly carrying. Any person may peaceably openly carry a firearm loaded or unloaded, while on foot, or in public where allowed, or openly in a vehicle without a permit. Any person peaceably, legally carrying unconcealed shall not be harassed, detained, incarcerated, or otherwise have their rights violated for merely openly carrying. Remove 13a from the code. 13a is outdated and was revised by 13A-11-73, and only exists as a source of confusion. Law enforcement may NOT confiscate or run serial number checks for peaceably open carrying. Nor can they demand a Social Security Number, nor require an individual to produce identification. Nor may any firearm lawfully carried concealed or unconcealed be taken from it's owner and fired for ballistic testing without a warrant plainly stating reasonable probable cause. The gun laws in Alabama can be fixed in 2 parts:

6 Part 1…. Fix the current permit system thats abused and broken. Next

7 Alabama is 1 of only 5 states in the entire U.S. that currently issue permits on a May issue basis.

8 Differences in the carry laws. May Issue What Alabama currently is. A May-Issue jurisdiction is one that requires a permit to carry a concealed handgun, and where the granting of such permits is partially at the discretion of local authorities (frequently the sheriff's department or police). The law typically states that a granting authority may issue a permit if various criteria are met. Only 4 others States in the U.S are May Issue! Shall Issue What Alabama needs to be. A Shall-Issue jurisdiction is one that requires a permit to carry a concealed handgun, but where the granting of such permits is subject only to meeting certain criteria laid out in the law; the granting authority has no discretion in the awarding of the permits. Constitutional Carry or Unrestricted What Alabama wants to be. Allows both open and concealed carry of properly holstered handguns without requiring any permit to do so. Alaska, Arizona, & Vermont currently have this in place and more states are following suit.

9 Why May Issue is a bad thing. May Issue What Alabama currently is. A May-Issue jurisdiction is one that requires a permit to carry a concealed handgun, and where the granting of such permits is partially at the discretion of local authorities (frequently the sheriff's department or police). The law typically states that a granting authority may issue a permit if various criteria are met. Only 4 others States in the U.S are May Issue! First and foremost its unconstitutional. A citizens ability to defend themselves and others is an unalienable right that should NOT be subject to the personal feelings of another. If a citizen meets the basic requirements to own a firearm, why do we need discretionary requirements? This system can be and is often proven to be abused. This is most likely why 45 States have moved away from this practice of issuing. Sheriffs can deny or revoke a persons permit for any reason, whether it is legitimate, lawful, or just his own personal feelings!

10 Constitutional Carry solves most of our problems. Constitutional Carry or Unrestricted What Alabama Needs To Be. Allows both open and concealed carry of properly holstered handguns without requiring any permit to do so. Alaska, Arizona, & Vermont currently have this in place and more states are following suit. Removes unconstitutional discretionary requirements. Solves the Open Carry issue. Returns the citizens right to carry how he chooses, the way it was intended in the 2 nd Amendment. Deterrent and reduces crime rates. No permit needed to carry in a vehicle, which is an extension of my home. No exorbitant permit fees that people cant afford. The Alabama Code set the fee at $1.00, this too has been violated and abused. States planning to introduce Constitutional Carry: Indiana Montana Ohio Texas Utah Virginia Wisconsin

11 Part 2…. Fix the current Alabama gun laws. Next

12 Part 2…. Fixing The Criminal Code Title 13A Chapter 11 The following Codes should be removed regardless if unrestricted, shall or may carry: § 13A (Property not your own) This statute has been superseded in court cases by § 13A because it is the later statute and a complete revision of the subject matter. Therefore,-52 is obsolete and only exists as a source of confusion. § 13A (Demonstrations at public places.) This statute is a relic of the civil rights movement. It violates the US Constitution (1st and 2nd Amendments) and the Alabama Constitution (Art icle1 Sections 25, 26) The following Codes should be removed if Constitutional carry is passed: § 13A § 13A § 13A § 13A § 13A § 13A § 13A § 13A Would remove the following phrase: or in applying for a license to carry the same, § 13A Would have to be adjusted to reflect the new changes. (Continued)

13 Part 2…. Fixing The Criminal Code Title 13A Chapter 11 The following Non-Firearm related Code should be modified regardless if unrestricted, shall or may carry: Section 13A Disorderly conduct. The following amendment should be added: (c) A person cannot be charged with disorderly conduct for lawfully carrying a firearm whether openly or concealed. The lawful act of carrying does not prove intent of causing a public inconvenience, annoyance, alarm or recklessly creating a risk. The following Code(s) should be added to the Firearms Code: Any person that can lawfully own a firearm may carry a firearm loaded, unloaded, concealed, or openly while on foot, or in public where allowed, or in a vehicle without a permit. Any person peaceably, legally carrying concealed or unconcealed shall not be harassed, detained, incarcerated, or otherwise have their rights violated for merely carrying. A person can carry firearms for any lawful purpose, on their own property, any property under their control, any public property, commercial private property doing business with the general public, or any other private property where firearms carry has not been denied, either by posted signs or verbally instructed by the owners or persons in charge of the property.

14 Introduce Pro Gun Legislation. Defend the 2 nd Amendment. Diligently work to pass the changes mentioned in this presentation. Safety. Responsible Gun Ownership. Support & vote for pro gun Representatives. Recognize our rights to carry as we choose. No Harassment. Uphold the law & their oath. Dont use Disorderly Conduct or Disturbing the Peace as catch alls to facilitate an unlawful arrest. Educate the public & Law Enforcement. Work with LEOs & Representatives. Support & endorse pro gun Representatives. Alabama Open Carry Law Enforcement Representatives Gun Owners Everyone Has A Responsibility

15 In just a matter of months over 1000 Alabama Residents, Tax Payers, and Voters, signed a Petition asking for these changes! That number increases every day!

16 To: Alabama State Legislators and Current Governor We hold that all citizens who may lawfully purchase and possess a handgun be allowed to carry openly in public in the State of Alabama, except for those places prohibited by law, without undue and unreasonable interference from law enforcement agencies or officers. This request simply asks that the legislature embody in plain language law the rulings of Alabama courts, including it's Supreme Court, which have for at least 160 years repeatedly ruled unconcealed and unlicensed carry of a firearm to be legal. The primary cases supporting this are State v Reid, Supreme Court of Alabama 1840; Looney v State, Court Of Appeals of Alabama 1962; Morris v State, Court of Criminal Appeals of Alabama 1977; and KJ v State, Court of Criminal Appeals of Alabama In each of these cases, the courts affirm the legality of carrying unconcealed firearms, particularly handguns. None of these cases have been overturned or superseded and reference other cases, case law and Alabama Law Code which support open carry. We ask these changes in the language of the law be made: 1. Any person may peaceably openly carry a firearm loaded or unloaded, while on foot, or in public where allowed, or openly in a vehicle without a permit. Any person peaceably, legally carrying unconcealed shall not be harassed, detained, incarcerated, or otherwise have their rights violated for merely openly carrying. 2. A citizen can carry firearms openly, for any lawful purpose, on their own property, any property under their control, any public property, commercial private property doing business with the general public, or any other private property where firearms carry has not been denied, either by posted signs or verbally instructed by the owners or persons in charge of the property. 3. That Alabama become a "Shall Issue" state as concerns the issue of a concealed carry license. That the only bar to such license be the same as those restricting the lawful purchase and or possession of firearms. Therefore, no local government, sheriff etc. can decide differently on state laws - no discretionary requirements are needed after meeting the "Proper Person" requirements to initially obtain a concealed license. 4. Disorderly Conduct and Disturbing the Peace laws cannot be used as "Catch All" charges for a person who is peaceably, lawfully openly carrying. Law enforcement may NOT confiscate or run serial number checks for peaceably open carrying. Nor can they demand a Social Security Number, nor require an individual to produce identification. Nor may any firearm lawfully carried concealed or unconcealed be taken from it's owner and fired for ballistic testing without a warrant plainly stating reasonable probable cause. 5. Remove 13a from the code. 13a is outdated and was revised by 13A-11-73, and only exists as a source of confusion. Sincerely, The Undersigned

17 I am involved with Law Enforcement and I fully support this petition. - David Rich I am a (long time) tax paying and voting citizen that wants to be able to decide how I LEGALLY carry personal protection for my family and myself, and not to have to be subjected to the personal interpretation of police officers and sheriffs in different counties. - Roland W Stack III Alabama citizen; not resident. Since Reid v State, ALSC June 1840, Alabama has recognized open carry as legal, unlicensed and unrestricted. It's about time all LEAs in the state recognize that fact as well and stop harassing law- abiding citizens for exercising a lawful and legal right. - Tony Shiflett It is the law, lets make it clear! - Billy Ferguson Sad that Americans have to petition government to get their God given rights back. Still, whatever it takes. - Kevin Gnatz about time. - Charles Allen Roberts Please pass this law!" - Steve Whitson I have wanted to carry open all my life, yet law enforcement is not up on Alabama statutes at all. Most do not know where and where you cannot carry a firearm. Most go on what the rumors are, or what they have been told, rather than what the statutes say. - Tom Kelly We, the people of Alabama, and our representatives, must actively take a responsible stand for our Constitutional rights. - James H. Jones Long, long, overdue - Ronald R Hei, Ph.D. I strongly support this. - Robert C. McDonald Sr. we do need this – Leon Parnell

18 We are asking that you, as our Representatives, hear our voices and our request. We are asking for 3 new bills to be sponsored this session. If you are reading this after these bills are already on the floor, we are asking that you support them!

19 If you are willing to sponsor this bill please contact Otherwise we ask that you support it!

20 If you are willing to sponsor this bill please contact Otherwise we ask that you support it!

21 If you are willing to sponsor this bill please contact Otherwise we ask that you support it!

22 For More Information please contact Or Visit


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