This seems odd

This is a discussion on This seems odd within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by BamaSteve Everything I have read indicates that a Sheriff's restrictions apply to every county within the state. But once I go into ...

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Thread: This seems odd

  1. #16
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    Quote Originally Posted by BamaSteve View Post
    Everything I have read indicates that a Sheriff's restrictions apply to every county within the state. But once I go into another state, I follow that state's laws only.
    My question was more of a pragmatic question. First of all no LEO knows the restrictions put on permits by all 67 counties. He could read the permit, but if you are in his county and his sheriff does not place that restriction upon what basis would he try to enforce it. The sheriff of Tuscaloosa county has no power in Perry county. Just because your permit has a restriction on it that applies to Tuscaloosa county doesn't mean the restriction applies in Perry county. It seems it would almost require a negotiation between Tuscaloosa's sheriff and Perry's sheriff to determine whether Perry would enforce the restriction. Even then since there is no law even in Tuscaloosa county that authorizes the restriction would a judge uphold it? Second, if I go from Perry to Tuscaloosa county what would be my reason to know that a restriction had been placed? There is no law to that effect. How can it be enforced? It is a limitation placed by the sheriff upon permit holders in that county, but it is without any legal backing other than his (or her) personal determination.

    I am not trying to get anyone into trouble nor have I suggested that anyone break a law. There is no law; there is a sheriff's annotation on an Alabama STATE PISTOL PERMIT.
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  3. #17
    Senior Member Array BamaSteve's Avatar
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    Quote Originally Posted by dr_cmg View Post
    My question was more of a pragmatic question. First of all no LEO knows the restrictions put on permits by all 67 counties. He could read the permit, but if you are in his county and his sheriff does not place that restriction upon what basis would he try to enforce it. The sheriff of Tuscaloosa county has no power in Perry county. Just because your permit has a restriction on it that applies to Tuscaloosa county doesn't mean the restriction applies in Perry county. It seems it would almost require a negotiation between Tuscaloosa's sheriff and Perry's sheriff to determine whether Perry would enforce the restriction. Even then since there is no law even in Tuscaloosa county that authorizes the restriction would a judge uphold it? Second, if I go from Perry to Tuscaloosa county what would be my reason to know that a restriction had been placed? There is no law to that effect. How can it be enforced? It is a limitation placed by the sheriff upon permit holders in that county, but it is without any legal backing other than his (or her) personal determination.

    I am not trying to get anyone into trouble nor have I suggested that anyone break a law. There is no law; there is a sheriff's annotation on an Alabama STATE PISTOL PERMIT.
    I see what you are saying now. And it is an interesting thought. I don't want to be a test case, but it would be interesting if we could find out some more information on the subject.
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  4. #18
    Distinguished Member Array T Bone's Avatar
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    Well I certainly don't know Alabama law. But logic dictates that if the State law has allowed a Sheriff to add various restrictions to a State Permit, then those restrictions would be enforceable State wide.

    Obviously no one would know the restrictions on an individual's pemit without reading it, but that's beside the point. It's like saying no one will know he's carrying if he keeps it concealed. Still doesn't make it lawful, just keeps them from getting caught.

    Now then, Earth City Mo.? Never looked, is that where Midway is? Cool name ("Me, I'm from Earth" ). I've got a package due from there today or tomorrow too. Midway = good company.
    Regards, T Bone.


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  5. #19
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    I asked a Jefferson county sheriff and was told that each county can impose whatever restrictions they want, but only those licensees from that county are restricted. Also, the added restrictions are enforcable no matter what county they enter.

    So yes HKR, you and I have freedoms that BamaSteve does not because the sheriff of his county saw fit to impose additional restrictions on his residents.

    That said, I am not a lawyer and the above should be mistaken as anything other than hearsay and opinion. :)
    Experience: that most brutal of teachers. But you learn, my God do you learn. -C. S. Lewis

  6. #20
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    Quote Originally Posted by T Bone View Post
    Well I certainly don't know Alabama law. But logic dictates that if the State law has allowed a Sheriff to add various restrictions to a State Permit, then those restrictions would be enforceable State wide.
    Below is the Alabama law in question. As far as I can tell it does not allow a sheriff to add restrictions to the permit. The problem you run into is that the sheriff is the one who issues the permit so you either accept it with the restrictions he puts on or you don't get it.

    BTW the good thing about Alabama's law is that you can usually get your permit within two weeks. No 90 days or six months waiting here. Also even though Alabama is a "may issue" state unless there is a legitimate reason to not issue you usually get the permit. Why? Because the state gets $1 of the cost of the permit and the county gets the rest. In Perry County the cost is $20 and the permit is good for one year. There are counties that only charge $10, but they all are interested in the money.

    Section 13A-11-75
    License to carry pistol in vehicle or concealed on person - Issuance; term; form; fee; revocation.
    The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed. The license shall be in triplicate, in form to be prescribed by the Secretary of State, and shall bear the name, address, description, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall, within seven days, be sent by registered or certified mail to the Director of Public Safety, and the triplicate shall be preserved for six years by the authority issuing the same. The fee for issuing such license shall be one dollar ($1) which shall be paid into the county treasury unless otherwise provided by local law. Prior to issuance of a license, the sheriff shall contact available local, state, and federal criminal history data banks to determine whether possession of a firearm by an applicant would be a violation of state or federal law. The sheriff may revoke a license upon proof that the licensee is not a proper person to be licensed.

    (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, 177; Acts 1947, No. 616, p. 463, 5; Acts 1951, No. 784, p. 1378; Code 1975, 13-6-155; Act 2006-551, p. 1268, 1.)
    George

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  7. #21
    Distinguished Member Array nutz4utwo's Avatar
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    wow all this is giving me a headache. This is why State Preemption is a great idea.

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