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No open carry sign at Greenville, AL McDonalds

jfpresl

Newbie
Joined
Aug 27, 2015
Messages
1
Location
Bay Minette, Alabma
Stopped by the Greenville, Al McDonald's to find a "No Weapons" sign on the door. No state or local ordinance listed. Looks just like the sign in Luverne, Al McDonalds.
 

Treborfoot

Regular Member
Joined
Jan 7, 2011
Messages
42
Location
Pelham, Alabama
Stopped by the Greenville, Al McDonald's to find a "No Weapons" sign on the door. No state or local ordinance listed. Looks just like the sign in Luverne, Al McDonalds.
Private businesses are not required to cite laws on their signs. Signs in Alabama do not carry the weight of law in Alabama unless the location is classified as a 13A-11-61.2 (b) location.

Now 13A-11-61.2 (b) is confusing. There is no case law on this statute. 13A-11-61.2 (c) states someone "shall place a notice at the public entrances of such premises or buildings alerting those entering that firearms are prohibited." Furthermore Guard and Barrier have not been defined. If the noticed is placed on the building instead of the entrance of said premises (property line) you theoretically be arrested if your firearm is visible.

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Section 13A-11-61.2

Possession of firearms in certain places.

(b) Notwithstanding the provisions of subsection (a), a person, including a person with a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, may not, without the express permission of a person or entity with authority over the premises, knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers. Nothing in this subsection otherwise restricts the possession, transportation, or storage of a lawfully possessed firearm or ammunition in an employee's privately owned motor vehicle while parked or operated in a public or private parking area provided the employee complies with the requirements of Section 13A-11-90.

(c) The person or entity with authority over the premises set forth in subsection (a)(1)-(6) and subsection (b) shall place a notice at the public entrances of such premises or buildings alerting those entering that firearms are prohibited.

(d) Except as provided in subsections (a)(5) and (a)(6), any firearm on the premises of any facility set forth in subsection (a)(1), or subsection (a)(4)-(6), or subsection (b) must be kept from ordinary observation and locked within a compartment or in the interior of the person's motor vehicle or in a compartment or container securely affixed to the motor vehicle.

(e) A violation of subsections (a), (b), or (d) is a Class C misdemeanor.

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Now the following is from the analysis of the Alabama District Attorneys Association and the Alabama Sheriff Association on this 13a-11-61.2 (b). This analysis was written before a penalty was added to (b).


Capture b page 42.jpg

Capture b page 43.jpg

Capture b page 44.jpg
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,170
Location
earth's crust
It's also hideous grammar, ergo void for vagueness because penal statutes must be easy to ready and plainly understood.
I guess, technically, one could enter unarmed and then have someone toss them in a gun from the outside and still be OK ?

Such laws are stupid ...
 
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