TenDriver
Member
With our state preemption over local gun laws, how is it that local ordinances can criminalize discharging a firearm within city limits?
Question For Fellow Alabamians
- Thread starter TenDriver
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NavyLCDR
member
I am not a fellow Alabamian. However, state law, Alabama Code 13A-11-61.3 states:
Section 13A-11-61.3
Regulation of firearms, ammunition, and firearm accessories.
(g) This section shall not be construed to prevent any of the following:
(11) A municipality from regulating the discharge of firearms within the limits of the municipality or a county from exercising any authority it has under law, to regulate the discharge of firearms within the jurisdiction of the county. The discharge of a firearm in defense of one's self or family or in defense of one's property may not be construed to be a violation of state law or any ordinance or rule of a political subdivision of this state.
TenDriver
Member
Apparently I didn't look hard enough.. Thanks!
NavyLCDR
member
Thank you for not being one of those people that always likes to reply, "You ain't from state XYZ, so you can't know squat about our laws!"
TenDriver
Member
Thank you for not being one of those people that always likes to reply, "You ain't from state XYZ, so you can't know squat about our laws!"
My pleasure. Thank you for answering my question! (I just don't understand those types...).
herrwalther
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NavyLCDR said:
Hey, you don't live here so you can't know that. There, didn't want you feeling left out.
I wasn't even aware of the state preemption over local gun laws. Not that it would matter much around here, I am the only person living in this area that doesn't have a background range setup...yet.
TenDriver
Member
Where are you?
I'm stuck living in the middle of Huntsville, itching to move out if the city limits.
herrwalther
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TenDriver said:
Haven't been up there. I am in the Trussville area, in the rural parts.
Red Wind
Member
HammsBeer said:
Now that was funny!
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TenDriver
Member
And here I read it as Albanians and I'm thinking "What does being from a mediterranean country got to do with local gun laws?"
I've got some friends that moved here from New Jersey. Listening to the complain and drop F-bombs, you'd think someone made them move to Albania. They're heading back to NJ. Bet they still complain.
jimmyraythomason
Member
When I served as city councilman, (Town of Highland Lake, Al.1992-2000), I authored our town's "Reckless Discharge" ordinance. I had to do quite a bit of research to know what we were allowed to do by state law, i.e: The Code of Alabama 1975. Section 13A-11-61.3(g)(11) was the authorization needed to pass the ordinance.
Sam1911
Moderator Emeritus
As a general thing, state preemption laws deal with possession and carrying of firearms, not with using them. A great many states have preemption, but it is pretty uncommon to find cities and towns which do not prohibit FIRING firearms within the town or city limits.
I believe FL has an actual law that makes it illegal to prohibit backyard gun ranges unless the firing is actually negligent. Here's a thread: http://www.thehighroad.org/showthread.php?t=744408
CoalTrain49
Member
You guys in Alabama are OK with me. That's down home right there. Spent 2 years running back and forth between Pensacola and Gulf Shores.
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I may be one of the few people that lives in Alabama and has visited Albania. It was a good trip and everyone I met was friendly and excited to hear that I was from the USA. The sad thing is most of my co-workers thought that there was still an active war in the Balkans.
lemaymiami
Member
I grew up in Huntsville (1960-1968) and return to visit family often. For anyone wanting a great town to find a job and raise a family... they'd be hard pressed to find a better spot.
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