I was in Anniston yesterday to support a fine young man who believes in exercising his right to bear arms for defense.
Jason Tulley was charged with carrying a pistol onto property not his own or under his control in the city of Jacksonville, Calhoun County, Alabama. He was found guilty in Jacksonville Municiple Court and the Calhoun County Circuity Court.
You don't have to go to Washington D.C. or any liberal gun-grabbing state somewhere far up north to find politicians and law enforcement agents who want to violate your right to bear arms for defense. They are here in our own backyards.
The Alabama Court of Criminal Appeals will soon be presented with a challenge to the following law that currently appears within the Code of Alabama 1975:
Section 13A-11-52
Carrying pistol on premises not his own; who may carry pistol.
Except as otherwise provided in this article, no person shall carry a pistol about his person on premises not his own or under his control; but this section shall not apply to any sheriff or his deputy or police officer of an incorporated town or city in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.
(Acts 1919, No. 204, p. 196; Code 1923, §3487; Code 1940, T. 14, §163; Code 1975, §13-6-122.)
That's an act of our own Alabama Legislature. Each of the members who voted to pass it swore to support our Constitutions.
The officer that arrested Jason was an off duty municiple police officer who was armed with a pistol on property not his own or under his control, and who was not acting "... in the lawful discharge of the duties of his office" at the time he saw Jason with his pistol. He was moonlighting as a security guard at the time and he was armed with a pistol carried openly on his belt in a holster... just like Jason.
Constitution of Alabama 1901 SECTION 26
Right to bear arms.
That every citizen has a right to bear arms in defense of himself and the state.
SECTION 35
Objective of government.
That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression.
SECTION 36
Construction of Declaration of Rights.
That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.
(emphasis added)
The statute is being challenged, not on the grounds that it violates the right to bear arms, but on the grounds that it is unconstitutionally vague. It does not fix a punishment for it's violation. The judge sentenced Jason and fined him in spite of that.
- The defense argues that the statute violates the defendant's right to due process of law under the 14th Amendment to the US Constitution by not giving proper notice of the punishment that results from a violation of the statute.
- The defense also argues that the statute has been superceded by
COA 13A-11-73 which allowed the sheriff of Calhoun county to issue the defendant a pistol license which allows him to carry a pistol onto property not his own or under his control. The defendant was in possesion of a pistol license at the time of the incident.
The arresting officer was not charged with his own violation of the statute.
