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Mobile County CCW Restrictions?

Discussion in 'Heart of Dixie Glockers' started by CodeMonkey, Feb 22, 2008.

  1. CodeMonkey

    CodeMonkey

    4
    0
    Feb 5, 2008
    Alabama
    I live in Mobile and just got my Pistol Permit a couple of weeks ago. In the literature they gave me, and on the Mobile County Sheriff's website, they say this:

    It seems like they are stretching the prohibition on carry at political demonstrations to include all forms of public gathering. Is there any legal basis for this?

    Title 13A-11-75 says "The sheriff of a county may ... issue a qualified or unlimited license ..."; is the restriction on public gatherings just an example of a "qualified" license?

    EDIT: I just looked at the pamphlet they gave me and in there it says I'm prohibited from carrying in any establishment that serves alcohol. I haven't seen that in the code, does anyone know the source for it?
     
  2. BamaBud

    BamaBud NRA Life Member

    2,727
    388
    Sep 25, 2007
    Heart of Dixie
    Qualified licenses are what Jefferson County issued years ago.

    Many people just owned one gun, so the permit application asked for the serial number and description of those you were applying for permission to carry. IIRC, there was space enough to list three guns. This sufficed for many people, and your permit then allowed you to carry just the one (or ones) listed.

    When I applied the first time (a really long time ago!), I asked them if they could put a longer list on my permit (I implied a LOT longer!). They told me not to worry; that they would simply make it an "Unrestricted" permit. This allows you to carry ANY legal gun concealed whether it was yours or not.

    Now, the opposite seems to have been implemented in Jefferson County. The permit is now imprinted "Unrestricted." I am not sure if they can even provide one not marked like that.

    I think that is what is meant by "Qualified." The qualifications set up by the sheriff could also be anything else he wanted to verify administratively, e.g. corrective lenses, etc. If he wanted (and it would have some justification) to restrict legal carry when you are using corrective lenses (like a driver's license does). But then, they would have to have some way to test and verify your need for said lenses.

    The restriction on carry at a public demonstration came about after many armed confrontations with mobs facing down law enforcement. How many officers would stand up to an armed crowd that could outnumber them 10 to 1, or 100 to 1? This is codified in state law, and is not a qualification that is at the discretion of the local sheriff. Read the exact language you cite in your quotation and you'll see that the intent is demonstrations. I would add that the definition that includes sporting events is a stretch. The applicable code is in 13A-11-59. It specifically lists "Demonstrations" and gives further clarification. Here is the website for the complete code:

    http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

    My .02
    BB
     


  3. CodeMonkey

    CodeMonkey

    4
    0
    Feb 5, 2008
    Alabama
    Thanks for the breakdown of qualified vs. unrestricted.

    Regarding demonstrations, that part is understandable, but I don't see how they can categorize sporting events and parades (such as Mardi Gras parades, not political parades) as demonstrations, when the law seems to specifically define demonstrations as political activities, and makes no reference to entertainment venues.
     
  4. BamaBud

    BamaBud NRA Life Member

    2,727
    388
    Sep 25, 2007
    Heart of Dixie
    The Devil is always in the details.

    Your local sheriff obviously interprets the code to include parades and such; I would have a hard time agreeing with that interpretation after reading the statute.

    Of course, I'm not a lawyer nor do I portray one on TV.:tongueout:
    You could consult a lawyer to see what his interpretation is. Then keep him on retainer in case you need someone to defend what you were told!

    There is something I will always remember from my first consultation with a lawyer: he said that you might disagree with some law, but the place to do that is in the courtroom, never the streets!

    My .02
    BB
     
  5. CodeMonkey

    CodeMonkey

    4
    0
    Feb 5, 2008
    Alabama
    Thanks. I don't really have any plans to carry at parades or sporting events, but I was just curious if anyone knew the source or reason for this "interpretation" of the law. Not carrying in restaurants is more problematic but I guess I can deal with it...