If the answer to #1 is No then #2 is relevant in my opinion. Which isn't worth much but if I was sitting on your jusry I'd vote not guilty.
9-11-257 does not prohibit the possession of a loaded firearm... even on a railroad right of way.
Section 26 and Section 36 of the Constitution of Alabama guarantee the right to carry a loaded firearm and except the matter out of the general powers of government. The game warden and the judge both swore an oath to defend those provisions just the same as Bucky swore to defend them.
The Attorney General is a constitutional officer of the state. Higher courts have stated that an attorney general's opinion, while not binding, is persuasive.
Quote:
Section 13A-1-4 When act or omission constitutes crime. No act or omission is a crime unless made so by this title or by other applicable statute or lawful ordinance.
(Acts 1977, No. 607, p. 812, §110.)
It is not a crime to bear arms for defense in Alabama... even when you go hunting.
Bucky, you need to speak to an attorney if you want justice to prevail. If you cannot afford one, the initial consultation should not involve a charge. You will probably be directed to help with securing court appointed representation by an attorney if you want to pursue the case.
Good hunting and good luck with your case. I wish you the best, Eddie
