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Some questions i asked of a few LEO friends on a local board(AL)

Discussion in 'Legal' started by pernicus, Apr 14, 2008.

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  1. pernicus

    pernicus Member

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    post i made regarding a Gun Law FAQ made on a local board(Alabama) by a few LEO's on the board since so many of the questions in the "ask the police" section were regarding gun laws--none of them are shelby county pd's,

    http://www.alabamaracingscene.net/forum/showthread.php?p=617919#post617919
    just curious what the opinion of thr members was regarding some of the psuedo laws that other counties have made up(shelby...)

    and the answers to some of the questions posed
     
  2. XDKingslayer

    XDKingslayer member

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    Are you sure these are even accurate?

    Remember, the worst person to ask concerning gun laws is LEO. The 2nd worse are gun owners.

    Usually, neither are right. You get to see examples of this each and every day here.
     
  3. pernicus

    pernicus Member

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  4. pernicus

    pernicus Member

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    considering SteveO is a LEO that is very strongly pro-2nd i trust that he is more accurate and more concerned with accuracy than your average beat cop
     
  5. Old Dog

    Old Dog Member

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    Sigh. And the beat goes on ...
     
  6. XDKingslayer

    XDKingslayer member

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    Sorry, but the beat is true...

    It's not anti-cop rhetoric, it's simply the truth. We can't expect them to understand all of the laws and when it comes to firearms they'll naturally err on the side of caution, not the law.

    So many cops in this area still think the "three step rule" is the law.
     
  7. Eightball

    Eightball Member

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    I'm curious.....what would a LEO do if you were at a sporting event with a copy of the pertinent law folded up with you, and if he tried to do anything about the fact that you were carrying, showed him the law and made similar arguments as are in the end of the quote in the first post?
     
  8. divemedic

    divemedic Member

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    True. I have heard many cops give wrong answers. I was detained once for 2 hours by a cop for open carry when I lived in VA Beach. He told me "This isn't the wild west. It HAS to be illegal." As I sat in his patrol car while he looked through a statute book.

    Think about it- police academy 6 months (or less) law school- 3 years. Lawyers will tell you they don't know all the laws. Why should cops.
     
  9. REB

    REB Member

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    There is nothing in the Alabama code concerning these buildings but the sheriff can put his own restrictions on the license and that is the typical wording I have seen on most licenses. This is probably where this answer came from
    There are no specific laws about carrying on universities but I think most universities have there own rules prohibiting carrying. There is nothing they can do legally as far as I can tell but I guess they can kick you out if your a student.
    She doesn't know what she is talking about because there is no such state law. It seems to me they don't really know what they are doing in shelby county. They can issue a "qualified" license that puts restrictions on when and where you can carry but putting restrictions on the license and calling it unrestricted shows a total lack of understanding the laws in Alabama. They also seem to be implying that 13a-11-72 has more restrictions than it actually does.

    You should print out a copy of 13a-11-50 through 85 and go ask them where they read some of the things they are stating on there web site is written in the law, they simply do not exist.

    The statement "The Sheriff of Shelby County has the authority to issue, deny, and/or revoke a pistol permit at his discretion." is not entirely true either, see AG opinion 2000-163 which states "The use of “may” in the statute allows a sheriff not to issue a pistol permit to a person not qualified to carry a pistol, or to use his sound judgment to refuse to issue a permit to a person if there are circumstances causing the sheriff to believe reasonably that the person should not possess or own a pistol. The sheriff may not arbitrarily refuse to issue a permit without a sound reason"
     
  10. REB

    REB Member

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  11. isp2605

    isp2605 Member

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    And the average Joe Citizen? - Absolutely none and most likely doesn't even know where to look.
     
  12. REB

    REB Member

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    I agree it is almost impossible to know exactly what every law is concerning CC in one state and I constantly travel all over the country.
     
  13. R127

    R127 Member

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    Because it is their job to enforce law. You can't enforce it if you don't even know what it is.

    Agreed, the lawbooks have become so bloated that everybody's guilty of something and nobody can know all the laws if they even tried. The only sensible course of action is to cut the fat. That would make things more manageable for the law enforcement officers who are expected to enforce the law and all citizens who are expected to obey it.
     
  14. langenc

    langenc Member

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    You have encountered the "court house gang." They are the ones that quote what they would like/what they think the law should be.

    OR "that is the way we do it here."
     
  15. Tinker

    Tinker Member

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    This subject is interesting to me because I've had the same exact questions about CC licences in Alabama.

    The first one I was issued was back in the 80's in Talladega Co. It stated that you could not carry concealled in a courthouse or airport. Those were the only "public building" restrictions. That Co. issued "Restricted" licences. Restricted meaning that the licence allowed the holder to carry only one certain pistol with that licence. If memory serves, I had to give the sheriff the serial # of that particular pistol.

    I later moved to St. Clair Co. That Sheriff issues "Unresticted" licences. Or in other words you can carry any of your handguns with that licence. When I first got that Sheriff's licence it's "public building" restriction was just like Talladega's. Carry prohibition was in courthouses or airports only. A few years later I was reading the new rules on the licence that St. Clair issues and it now restricts carry in ANY pulbic building, Federal, State or local.

    The last time I renewed, I asked the lady at the desk about this.

    "Does this mean that I would not be able to carry my pistol if I vacationed in a state operated park, like a chalet on Cheaha or a cabin in Tannehill? Or if a person was unfortunate enough to have to live in government project housing, would they be declined a licence or if they were licenced wouldn't they be breaking the law if they kept a pistol at home?"

    She didn't really have a solid answer. She just said (puzzled look): "Well, I don't think that would be a problem."

    I've read about discrepencies (fees/restrictions) in licences between the different counties here in Alabama. Seems like the Sheriff's have a lot of leeway in composing them. I wondered if this is legal or do they just write them the way they want and charge what they want.
     
  16. Grizzly Adams

    Grizzly Adams Member

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    What makes it even worse in Alabama is that some LEO will enforce what is printed on the CWL for their county not what is on your license!
     
  17. Jim K

    Jim K Member

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    Not the only time cops have made up laws, they do it all the time. After all, what cop is going to admit that he doesn't know something?

    The (then) Alexandria (VA) police chief once told a friend of mine, in my hearing, that it was illegal in Virginia to own a knife. So you can easily identify Virginians - they are the ones with teeth worn down from gnawing their food.

    Jim
     
  18. 308win

    308win Member

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    The relevent statutes may not be the only governing law; case law may come into play as well and I for one have no idea where to research case law.
     
  19. REB

    REB Member

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    Not only do the relevant statutes in the Code of Alabama law and case law come into play but there is also the Administrative code of Alabama. This code is authorized by the Alabama legislative and all but impossible to search through.

    For example take carry in a state park. Alabama code Section 9-2-9 gives the park service authority to make all the rules and regulations for operating state parks and makes violating any of those rules a misdemeanor offense. Then Alabama Administrative code, which is approved by the legislature, 220-5-.08 states "It shall be unlawful for any person other than a duly authorized law enforcement officer to possess or carry into any State Park any form of firearm without written permission of the manager in charge of the State Park visited".
     
  20. Wheeler44

    Wheeler44 Member

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    A friend recently contacted me. It seems his son who is away at college "purchased an AR-15. He asked me what he needed to do to bring it back home.
    So i did a search here on The High Road and found out about interstate firearms transfers. (I already knew a little from reading here). I called the son told him what I found out and told him to look here.

    Instead he called the police in Portland OR and the Sheriff in Multnomah County OR and the police in Wilsonville OR. The y all told him to "just bring it on back". I encouraged him to visit the BATFE website or call them. Instead he replied " the cops said that I was OK so I'm good".

    I wished him the best.

    Wheeler44
     
  21. divemedic

    divemedic Member

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    Actually, a college student is in a funny spot. Considered a resident of both states (like a military member stations away from home) he can do exactly that, as long as his ownership of that particular weapon is legal in both states.
     
  22. isp2605

    isp2605 Member

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    divemedic is correct, and as long as the laws in OR don't prevent ownership then the police in those towns told him correct info. There's nothing in federal law preventing the owner from transporting their firearms back home. Everyday thousands of people move to new residences in other states and legally transport their firearms when they move. It's no big deal as long as they comply with the local laws.
     
  23. revjen45

    revjen45 Member

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    "And the average Joe Citizen? - Absolutely none and most likely doesn't even know where to look."
    Yup, but for Joe Peon ignorance of the law is no excuse, and any attempt to find out is inculpatory.
     
  24. isp2605

    isp2605 Member

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    Every statute for every state is on the internet. They aren't a secret. http://www.loc.gov/law/help/guide/states.html All it takes is for a person to do some digging for their state. But people don't want to do that. Too much work. They'd rather ask someone who they don't know or take the word of some range rat who never read a statute in his life either.
     
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