Posted: 3/22/2004 5:49:37 PM EDT
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I noticed that there has been a change in the wording on my CCW. The local sheriff added the phrase to my photo equipped ccw - "YOUR LICENSE CAN BE CONFISCATED BY ANY LAW ENFORCEMENT OFFICER FOR IRRESPONSIBLE BEHAVIOR." State law reads as the following: Section 13A-11-75 License to carry pistol in vehicle or concealed on person - Issuance; term; form; fee; revocation. The sheriff of a county may, upon the application of any person residing in that county, 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 $1.00 which shall be paid into the county treasury. 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.) I don't see in the above code the ability of the Sheriff to pass along to any other LEO the power to confiscate the license. I have searched Alabama Code and have found nothing to change my opinion. Have I missed something? |
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You are correct, it is not there!! Sounds like the sheriff has his own power trip going. I see this a lot here in Bama, folks work for the state, city, or County Government and they think they are special or something. Not all are this way but many are and I see it each time I go to the County court house. Tony G |
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We had a thread here a while back about open carry, CCW, & other things, and several of us noted that our licenses had different, county-specific comments on them - many of which didn't gee-haw with state/federal law. In my case (Elmore County), several of the statements were outdated or just plain wrong. IMHO, there ought to be one standard, correct, consistent license for the entire state, even though they are issued at the county level. |
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Thanks for the replies. I wanted your feed back because I see a trend here that I find troubling. Last year the TCSO delayed my CCW for a week where they mumbled something about being behind, this was after having a permit for more than 13 years and no negative LEO or civilian encounters. Any suggestions as to how to approach him to let him know that he is wandering off the reservation? |
Very interesting - I didn't know that. Do you remember why they opposed it? Was something else piggybacked onto it? |
I'm sure the only reason they opposed it was because it was the NRA's idea. In any event, the proposed law would have centralized Ala.'s CCW into a central state agency (dept. public safety I think), and there would be consistent, state-wide regulations for the issuance of permits. This would have removed the local BS discretionary restrictions (for example, at one time the sheriff in mobile county would only give permits to those 23 or older, even though no law required it; also, some counties require that you specify a certain pistol that you own or plan to carry, which is nonsense). It would have made us "shall issue," and would have greatly increased our reciprocity with other states. I also think it would have made us into a state where a CCW could get you around a NICS check (I've only heard this proposed, I'm not sure if this practice ever occurred anywhere else). I can't remember the precise reason the GOA opposed it, something about they didn't like "the government having more control" or some BS that, typical of the GOA, wasn't thought out. This occurred around '98, '99, I think. |
| Thanks for the info! I remember GOA opposing the state-NICS-circumvention proposal (IIRC, it was because there would be a fee charged), but I don't know if that's the same time you are talking about. I don't remember CCW being part of that particular proposal, but that doesn't mean it wasn't. Of course, there very well could have been two or more similar proposals over the years. Interesting, nonetheless. |
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Lee County: WARNING 1. This permit does not permit you to carry a gun openly. 2. Your permit is valid for the State of Alabama only. 3. YOUR PISTOL PERMIT IS VOID IF YOU ARE ARRESTED, ON ANY CHARGE. (highlite mine) 4.Your pistol permit does not allow you to carry a pistol in any place that serves alcohol or while you are drinking or using any illegal drug. 5. Your pistol permit is also void in any air terminal or in any Court House or other public building whether City, County State or Federal. 6. If you carry a pistol under any of the above conditions where it is void, you will be subject to ARREST for carrying a conceled weapon. Fee is $15.00 p/y |