To: Michael Marshall
Subject: Alabama Gun Legislation Article

I have a few questions about your recent article regarding Alabama's gun legislation.

Your quote:

"But do not despair over our legislature's passage of an unconstitutional, reckless bill that will make it easier to openly carry firearms in public parks and shopping centers."

Please tell me what is unconstitutional about openly carrying a firearm. I am a law abiding citizen with the freedom to keep and BEAR arms. That right is guaranteed by the constitution. That being said, I would argue that any law that tries to restrict my right to do so is, in fact, unconstitutional.

Secondly, it was already legal to openly carry firearms in Alabama before this bill. A permit is also not required to do so. Therefore, I don't see that this bill makes it "easier" to do what was already your born right.

Sent from my iPhone

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On May 22, 2013, at 3:28 PM, Michael Marshall <MMarshall@al.com> wrote:

Thanks, Ed. The Constitutional problem with the bill is that is abrogates the fifth amendment property rights of business owners by forcing them to let employees keep guns on company property. Don't worry about that so much because I don't think any businesses will want to spend the money and effort it would take to fight the abrogation in court.

But the law does take away an officers ability to arrest someone for disturbing the peace if they are open-carrying at a public place that's just inappropriate. Think Travis Bickle with two glocks strapped on and carrying an ar-15 around at a public park where your grandkids are playing. As I put it a few minutes ago in a comment: "That opens up a whole can of yahoos."



Michael Marshall
Director of Statewide Commentary
Alabama Media Group

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Mike,

I'd like to point out a couple of things:

1. The state legislature cannot inhibit open carry. (State v. Reid, June 1840, ALSC)

2. There is no law making open carry illegal in the Criminal Code Title 13A.

3. Exercising the right to bear arms openly does not fit the criteria for disorderly conduct. (13A-11-7)

4. 13A-11-55 specifies that the only illegal carry of a firearm on premises not your own is concealed carry without a permit.

I've still yet to understand how the "new" legislation is unconstitutional. It seems to me that it simply reaffirms what I already knew. I can appreciate that the Press Register essentially pays someone in your position to have an opinion and share it. However, in this case, I don't believe that you can state your opinion as fact, especially when there are actual facts to the contrary.

Bailey

Sent from my iPhone

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I received his first response in only five to ten minutes. I've yet to receive a response to my second email in roughly 18 hours...

Thats why the print that trash paper 3days a week now. Every body stop buying it after they backed Obama.

Yep! They also used to delete my comments on al.com every time I'd speak up. It's like getting your daily local and world news from MudBuddy...

P.S. My username was CootSlayerRMFT.

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