Author Topic: The Self Defense Protection Act of 2011  (Read 8348 times)

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Jonathon Norris

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The Self Defense Protection Act of 2011
« on: February 01, 2011, 04:50:25 PM »
Ok.  I know this is going to be a fireball of a topic, so I must use this disclaimer.

Disclaimer: By posting this, I reserve the right to alter or change it in any way, or to take any suggestions or advice, or to not take suggestions or advice, and send it in exactly as is, or not.

What's probably going to set alot of people off is I provided for permits to be $20 for two years.  For some, that's a higher yearly rate, and for others it might be lower.  I don't think $10 a year is too much, even when it's currently set at $1.  No county charges $1 anyways, and this might guarantee passage as it ups the rate a buck or two for most counties I think.  Small price to pay for shall issue permits.

Here goes the six points of the GRPA of 2011.  This is just to see if ya'll can catch anything I missed, misspelled, or just plain forgot before I send it tomorrow or the next day...



Gun Rights Protection Act of 2011




1. Shall Issue Permits/Vehicle Carry -

Amend 13A-11-73's title to remove "or in any vehicle" and the section itself to remove "in any vehicle or" from after "...carry a pistol" and before "concealed on or about..."

Amend 13A-11-74's title to remove "or in any vehicle."

Amend 13A-11-75's title to remove "or in any vehicle" and "revocation" and the section itself to replace

"(a) 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 or her 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 or her person or property or has any other proper reason for carrying a pistol, and that he or she 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."

with

"(a) The sheriff of a county, upon the application of any person residing in that county, shall issue an unlimited license to such person to carry a pistol concealed on or about his or her person within this state for two years from date of issue. The license shall bear the name, address, and signature of the licensee. The license shall then be delivered to the licensee, and a duplicate shall be preserved for six years by the authority issuing the same. The fee for issuing such a license shall be no more than twenty dollars ($20) 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."

and remove

"The sheriff may revoke a license upon proof that the licensee is not a proper person to be licensed."

Amend subsection (b) to replace "...signature, and photograph of an applicant..." with "...and signature of an applicant..." and remove "...number of licenses denied,..." and "...or the current validity of any license."

All sections in violation of this statute are hereby repealed.



2. Disorderly Conduct -

Amend 13A-11-7 with subsection:

(c) "Any person not otherwise prohibited by law to possess a weapon, shall not be in violation of this section by the possession, carrying, or otherwise transporting of that weapon openly displayed or concealed on or about his or her person or in or on any vehicle."



3. Demonstration Law -

13A-11-59 repealed.



4. 13A-11-52 is Misleading -

Amend the title of 13A-11-52 with the words "concealed on or about his person" after "Carrying Pistol" and before "on premesis not his own." Remove "; who may carry pistol" from the title and amend the section itself with "concealed" after "...shall carry a pistol" and before "about his person..."

Note: (As 13A-11-73 is considered "a later statute and a complete revision of the subject matter," by the Alabama Supreme Court in KJ v. State 1997.)



5. Hunting not used to infringe on Open Carry -

Amend 9-11-257 with the subsections:

(a) "For the purposes of this section, hunting shall be strictly defined as the taking of any game or the attempt to take any game by the shooting, firing, or otherwise propelling of any projectile, to protect against the infringement of the right of the people to bear arms in defense of themselves and the state as provided for in Sec. 26 of the Alabama Constitution."

and:

(b) "This section shall not be applied against any lawfully armed person not engaged in hunting as strictly defined in subsection (a)."



6. Non-Resident Permits -

Amend 13A-11-85 to remove "This section shall apply to a licenseholder from another state only while the licenseholder is not a resident of this state."

(Note: This sentence means that non-residents of Alabama can carry a concealed weapon in Alabama on a non-resident state's permit while a resident of Alabama cannot.)




Resolutions -

1.  We, the members of the Alabama State Legislature, and I, Governor Robert Bentley, hold it to be true that the open or unconcealed carrying of arms by persons not prohibited from possessing them in the state of Alabama has always been, is, and forever shall remain an inviolable right, and that no institution of state, county, or local government may abridge or otherwise infringe upon it through any law, ordinance, fee, policy, order, rule, form of coersion, form of intimidation, arrest, or any other means.

2.  We, the members of the Alabama State Legislature, and I, Governor Robert Bentley, hold it to be true that with the passage of the Gun Rights Protection Act of 2011, an Alabama Concealed Pistol License is no longer required to carry, transport, or otherwise convey any weapon or firearm, handgun or otherwise, loaded or unloaded, legally possessed in or on any vehicle or in any compartment thereof for any legal purpose in the state of Alabama.


  

« Last Edit: February 08, 2011, 05:27:12 PM by Jonathon Norris »
Before all else, be armed.
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There is no avoiding war; it can only be postponed to the advantage of others.
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eye95

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Re: Gun Rights Protection Act of 2011
« Reply #1 on: February 01, 2011, 04:56:31 PM »
As I mentioned in another thread, I have a major problem with laws that say that we may carry.  It creates the impression that carry is a privilege which we are granted by the State.  Some will believe that we can be denied this privilege by modifying or repealing the law.

If we feel the need for the law to actually recognize the right to carry, the law should expressly prohibit representatives of the State from taking actions that would infringe on the right.

Generally speaking, laws restrict behavior, they don't allow it.  When a law is written allowing a behavior, it is going to be setting up future problems.
eye95.comCash Roots versus Grass Roots

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Re: Gun Rights Protection Act of 2011
« Reply #2 on: February 01, 2011, 05:02:50 PM »
Great job Jonathon! I personally can't find anything wrong with it!

Ranger

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Re: Gun Rights Protection Act of 2011
« Reply #3 on: February 01, 2011, 05:14:48 PM »
Eye, that was the basis behind the Alabama Gun Owner Bill of Rights I wrote up a while back. I think the very first (and second) line was that that all branches of state government recognize that RKBA and no power is given to them or can be assumed by them to limit that right.

AGOBoR
« Last Edit: February 01, 2011, 05:30:46 PM by Ranger »
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

Jonathon Norris

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Re: Gun Rights Protection Act of 2011
« Reply #4 on: February 01, 2011, 05:17:53 PM »
Duly noted, and good catch Eye.  Removing the vehicle verbage in point 2 makes #1 completely redundant, editing that out now!  Gimme a minute..
Before all else, be armed.
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Kirbinator

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Re: Gun Rights Protection Act of 2011
« Reply #5 on: February 01, 2011, 05:19:09 PM »
Syntax and number need to be corrected. Remember, if this is to be law, it needs to match law and style.
Who can endure toil, famine, stripes, imprisonment & death itself in vindication of his own liberty, and the next moment . . . inflict on his fellow men a bondage. -- Thomas Jefferson

"I've been at the mercy of men just following orders... never again!" -- Magneto

Jonathon Norris

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Re: Gun Rights Protection Act of 2011
« Reply #6 on: February 01, 2011, 05:26:14 PM »
Oh it's way rough, just getting it out there.
Before all else, be armed.
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There is no avoiding war; it can only be postponed to the advantage of others.
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Dianosis

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Re: Gun Rights Protection Act of 2011
« Reply #7 on: February 01, 2011, 05:27:09 PM »
As I mentioned in another thread, I have a major problem with laws that say that we may carry.  It creates the impression that carry is a privilege which we are granted by the State.  Some will believe that we can be denied this privilege by modifying or repealing the law.

If we feel the need for the law to actually recognize the right to carry, the law should expressly prohibit representatives of the State from taking actions that would infringe on the right.

Generally speaking, laws restrict behavior, they don't allow it.  When a law is written allowing a behavior, it is going to be setting up future problems.


eye95 I get what you are saying I'm just not sure how to implement it. Lets use the permit issue, currently it's May Issue. How would you personally word the new draft to satisfy your concerns? Could you please type it out in a draft format? I want to make sure we cover all our bases and want to see what you have in mind...
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Kirbinator

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Re: Gun Rights Protection Act of 2011
« Reply #8 on: February 01, 2011, 05:27:39 PM »
Also, unloaded seperate from ammo in a locked case as far as practical from the driver should not require license.
Who can endure toil, famine, stripes, imprisonment & death itself in vindication of his own liberty, and the next moment . . . inflict on his fellow men a bondage. -- Thomas Jefferson

"I've been at the mercy of men just following orders... never again!" -- Magneto

Jonathon Norris

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Re: Gun Rights Protection Act of 2011
« Reply #9 on: February 01, 2011, 05:31:10 PM »
It actually was redundant, D, I fixed it by removing #1 entirely as #2 already covered it..

And I've got an idea for something, gimme another minute..
Before all else, be armed.
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There is no avoiding war; it can only be postponed to the advantage of others.
Niccolo Machiavelli

Blackcloud

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Re: Gun Rights Protection Act of 2011
« Reply #10 on: February 01, 2011, 05:39:50 PM »
Since 73 is considered a latter statute and a complete revision of the subject matter, why isn't 52 completely deleted?
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Re: Gun Rights Protection Act of 2011
« Reply #11 on: February 01, 2011, 05:41:45 PM »
Actually, what -52 does is allow LE and others to carry onto private property BUT only in the official duties of their office. It's sorta needed to allow them to do their jobs armed without getting kicked off private property.
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

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Re: Gun Rights Protection Act of 2011
« Reply #12 on: February 01, 2011, 06:29:51 PM »
Just chiming in to agree with the current state of affairs in the legislation. I agree with eye completely that we should NEVER have a law that allows something to occur.
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Jonathon Norris

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Re: Gun Rights Protection Act of 2011
« Reply #13 on: February 01, 2011, 07:27:03 PM »
I see your points about the law only limiting things.

However, I have an idea that might help our state of affairs.

What if we added a couple of "resolutions" to the bill, or some form of non-law, proclamation, or something, that while they wouldn't carry the weight of law, could still be extremely helpful.

For example:

1.  We, the members of the Alabama State Legislature, and I, Governor Robert Bentley, hold it to be true that the open or unconcealed carrying of arms by persons not prohibited from possessing them in the state of Alabama has always been, is, and forever shall remain an inviolable right, and that no institution of state, county, or local government may abridge or otherwise infringe upon it through any law, ordinance, fee, policy, order, rule, form of coersion, form of intimidation, arrest, or any other means.

2.  We, the members of the Alabama State Legislature, and I, Governor Robert Bentley, hold it to be true that with the passage of the Gun Rights Protection Act of 2011, an Alabama Concealed Pistol License is no longer required to carry, transport, or otherwise convey any weapon or firearm, handgun or otherwise, loaded or unloaded, legally possessed in or on any vehicle or in any compartment thereof for any legal purpose in the state of Alabama.

« Last Edit: February 01, 2011, 07:40:24 PM by Jonathon Norris »
Before all else, be armed.
Niccolo Machiavelli

There is no avoiding war; it can only be postponed to the advantage of others.
Niccolo Machiavelli

Scott35750

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Re: Gun Rights Protection Act of 2011
« Reply #14 on: February 01, 2011, 07:37:27 PM »
Looks pretty good to me. I would support it.

 


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