Florida resident and Alabama permitless concealed carry

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  • DustyDog

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    I have dealt with this bill since it started and it has been altered 100 times but at the end of the day, if from Florida, you have to have a permit.
    Yep... I'm not even sure that I'm looking at the final version, just the only one that I can find.
     

    DustyDog

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    To be honest, this has been the most confusing bill I have ever seen and I wouldn’t be surprised if it didn’t get amended.
    I'd swear they do that on purpose...

    Most legislators are lawyers, and they operate akin to tire-store owners who sneak around town at night throwing roofing nails all over the roads... it's job security for them! : )
     

    DustyDog

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    My presumption is since the states that honor each others conceled carry permits will also honor each others permitless carry rules when enacted??
    Florida's proposed HB 543 looks like it will recognize (and note that it doesn't say "require") permits from any state, even those that don't reciprocate, which makes sense since it also seems to allow non-residents to carry permitless anyway:

    " ...removing a requirement that limits recognition of concealed firearm licenses to those states that honor Florida concealed weapon or concealed firearm licenses... "

    AND

    " ...authorizing a nonresident to carry a concealed weapon or concealed firearm in this state if he or she meets the same requirements as a resident... "
     

    DustyDog

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    I will say this, in our county, tie breaker goes to the taxpayer. The one who is not a criminal.
    Saw a good take on that recently, something along the lines of: "If the language is ambiguous, it should be construed in favor of the defendant".

    ...which I will use in court if you arrest me for forgetting to bring my permit : )
     

    Action

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    Saw a good take on that recently, something along the lines of: "If the language is ambiguous, it should be construed in favor of the defendant".

    ...which I will use in court if you arrest me for forgetting to bring my permit : )
    I hope that doesn’t happen but we do have the best chicken nuggets and cabbage in the south east! Lol
     

    FrommerStop

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    I guess I will carry my permit lol even if the chicken nuggets and cabbage are good eating.

    For Florida Spring break may become quite exciting if the students beside being drunk are also armed.
     

    DustyDog

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    To be honest, this has been the most confusing bill I have ever seen and I wouldn’t be surprised if it didn’t get amended.
    Fun story about Alabama, the law, lawyers, judges, etc.

    My father, who passed away at 84 years of age last April, was a master pilot (taught himself to fly... and I mean his first flight was a solo at age 14, was shot down in a Cobra in Vietnam at night, etc.), master airplane builder, master boat builder (spent 15 years building a 36-foot sailboat with 9,000 lbs. of lead in the keel, even cast all the bronze fittings himself), and studied the law, the Internal Revenue Code, and the Bible to levels I've never seen elsewhere.

    He wasn't a lawyer, but wouldn't hire one to save his life, saying that doing so was "declaring your (legal) incompetence"...well, obviously, that's why you would do so, and of course we've all heard the saying that anyone who represents himself in court has a fool for a client. But then I have to wonder: If an attorney is such "hot stuff", why would he want someone else to represent him in legal proceeding? (of course, there are areas of specialization and all, but besides that?) I'm a mechanic (among other things), and I certainly won't let someone else work on my car! (last time was in 1982, and I still have that car! : )

    But back to the old man: He never embellished, never exaggerated, never bragged... I can't recall him ever using a curse word... but he was a serious dude. So here we go:

    He traveled for YEARS with what he called an "I.D. plate" he'd had made at a print shop on his motorcycle. It had his first initial followed by his birth year on it. Note that the bike WASN'T registered, and he did NOT have a "drivers" license... even paid for the bike with silver. He had NO contract with the state. He would never claim to be a "resident" of the state, and would never say that he lived in the State of Alabama, only that he lived on the land of southwestern Alabama state, and in fact lived in his body.

    The cops eventually learned not to bother him, since he invariably shut down the court process. I even looked up one of the cases on the county website several years after they had given up on it... just for fun... and it was the ONLY one I could find that didn't HAVE a disposition code... the judge literally just GAVE UP... CHECKMATE.

    If the state's case was on shaky legal ground, it was going nowhere... fast. Keep in mind that this was a "fool", representing himself. It was his contention that, in most situations, lawyers were only interested in railroading you through the system. He would've lost these cases if he was "incompetent" and thus dependent on an attorney.

    Not sure if the one above was the same case he told me about where he was assigned a court date, showed up, and the courtroom was empty... lights off. The judge apparently didn't want the end result on the record, and so just slinked away : )

    Once, I met him at a Waffle House, and he showed up on the bike. Two cops who were inside left before we did, and when they got to the back of his bike, they stopped, and it appeared the more experienced cop was explaining the story to the rookie as they looked at the "I.D." plate... probably concluding with "Don't waste your time", then they left in separate cars.

    Sadly, I didn't spend much time with him after he and my mother divorced in '78(?), so I'm lucky if I have 1/10th the knowledge he had in those areas... probably just enough to get myself into trouble : )
     
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    DustyDog

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    To be honest, this has been the most confusing bill I have ever seen and I wouldn’t be surprised if it didn’t get amended.
    Still digging, but check these out (and I realize these are interpretations, but... )

    This one shows a map of permitting requirements, but only indicates one with "Permitless Carry Residents Only", that being North Dakota:

    https://www.handgunlaw.us/documents/Permitless_Carry_States.pdf

    The one below was last updated in 2022, but says re: the "upcoming" permitless bill in Alabama:

    "Beginning on January 1, 2023, any law-abiding Alabama resident or other law-abiding citizen (regardless of the state in which he or she resides) who is at least 19 years old or older and legally permitted to carry a firearm will no longer be required to obtain a permit in order to carry a concealed pistol."

    https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/al-gun-laws/
     

    FrommerStop

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    Still digging, but check these out (and I realize these are interpretations, but... )

    This one shows a map of permitting requirements, but only indicates one with "Permitless Carry Residents Only", that being North Dakota:

    https://www.handgunlaw.us/documents/Permitless_Carry_States.pdf

    The one below was last updated in 2022, but says re: the "upcoming" permitless bill in Alabama:

    "Beginning on January 1, 2023, any law-abiding Alabama resident or other law-abiding citizen (regardless of the state in which he or she resides) who is at least 19 years old or older and legally permitted to carry a firearm will no longer be required to obtain a permit in order to carry a concealed pistol."

    https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/al-gun-laws/
    But why are not law makers and LEOs in Alabama aware of such wording.
     

    DustyDog

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    But why are not law makers and LEOs in Alabama aware of such wording.
    Still planning to try to get a definitive interpretation from... I dunno... the Attorney General, or somebody : )

    And realize that I don't have a dog in the fight, since I have a Florida permit anyway. But as I pointed out earlier, my Reading Comprehension has always scored in the 99th percentile, so this kind of stuff irks me.

    The versions of the Bill I read are faulty if they were intended to include Alabama residents only, and as you can see from that first map, permitless carry for residents only is an anomaly. Imagine if you were told you have freedom of speech, as long as you don't live in another state : )
     

    IronBeard

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    Anyone else seeing the bigger problem? Laws in general should be written in plain wording that is understandable by all affected/involved. We should not be having threads such as this, IMO. We should not all have to have a lawyer on speed dial, and LE should not be placed in the position of, "just arrest 'em, and let the court figure it out." There's an agenda/objective behind this BS. Will not opine further ATT.
     

    DustyDog

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    So I have asked numerous people that were involved in this process and half day yes half say no. I’m sending for an AG opinion.
    THANK YOU! : )

    Remember: I am NOT an Alabama Resident, but I AM a person, so...

    3 This bill would eliminate the requirement
    4 for a person to obtain a concealed carry permit in
    5 order to lawfully carry a pistol.
     

    IronBeard

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    Did I ever mention laws should be clear and understandable by all, and if not suspended/repealed? Anyway...

    Line 4; change "a person" to "any person." Done, at least for that line....
     

    DustyDog

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    Did I ever mention laws should be clear and understandable by all, and if not suspended/repealed? Anyway...

    Line 4; change "a person" to "any person." Done, at least for that line....
    Yep... but it definitely doesn't say:

    3 This bill would eliminate the requirement
    4 for any Alabama resident to obtain a concealed carry permit in
    5 order to lawfully carry a pistol.

    Imagine if your freedom of speech ended at the state line : )
     

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