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Imagine that.....in Illinois.....

 





BELLEVILLE, Ill. (KTVI) – The Chief of Police in Belleville, Illinois has banned his officers from eating at the local Denny’s restaurant while on duty after an incident at the establishment New Year’s Day.

A manager at the Denny’s Tuesday told a group of officers they could not eat at the restaurant if they were armed.

Belleville Police Captain Don sax said, “It’s absolutely a slap in the face I totally agree it’s completely disrespectful. How can anyone think to tell a police officer you can’t be in here with your gun its absurd to me.”

Five on-duty but out of uniform detectives were in the middle of their meal at the Denny’s.

The restaurant chain said a customer spotted one of the officers carrying a gun and alerted the manager.

The manager told the detective she would have to leave or secure the gun in her car,  that guns are not allowed in Denny’s.

Even after the officers explained they were cops they were still told they could not carry their weapons in the business.

Captain Sax said, “I’ve never known anybody that didn’t want a police officer present in an establishment in a business it’s added security it’s absolutely what they want.”

Sax said the police had their badges in full view, either by their handguns or they were wearing them around their necks.

Plus, portable police radios were on the table.

A second manager showed up and told the officers they could stay with their weapons.  But, the detectives left anyway.

Captain Sax added, “They had been harassed enough they have been embarrassed more than enough.”

Local citizens like Jennifer Veri support the police, Veri said, “You want them to be with their guns that makes them cops so they can protect the public.”

Denny released a statement that said in part “Denny’s policy permits law enforcement officials to carry their firearms in the restaurant and we regret any misunderstanding.”

Some people plan to stay away from Denny’s just like the police.

Eric Veri said, “I won’t go to Denny’s until they resolve it with the Belleville Police Dept. they are working out here hard for us definitely support them.”

Read More About This Story: http://fox2now.com/2013/01/02/...-banned-from-dennys/

Beam me up, Scotty, there's no intelligent life here......

Original Post

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I was already boycotting Denny's anyway.

 

 The first manager was an idiot no doubt. However, the second manager set it straight. The police chose to leave anyway. Denny's apologized, right? Seems like this has been blown out of proportion. 

 

If I saw someone in a restaurant in this day and age with a gun....I would probably leave. I know these were police but maybe the customer did not realize that when they went to the manager. If it were just someone in plain clothes I would probably not stick around to find out. With all the shootings going on now days I am not willing to take any chances.

Dennys policy against guns means i dont eat there.  Again, im sure armed robbers leave them in the car because of the sign.  

 

If someone attempts to mug me on my way back to my car after eating at dennys, my gun does me no good if it is in the car.

 

You would be surprised here.  In the winter, i carry my glock concealed by my jacket.  But when i sit down to eat, sometimes i take the jacket off and the gun is in sight (open carry is legal in Alabama.). I have never been asked to leave or conceal it.  From Logans to Mcdonalds.  No one as ever even given me a second glance.

 

In the summer, i carry a smaller gun concealed in my pocket.....

If you had a gun where I could see it I wouldn't ask you to leave either. I would leave. You would be a total stranger to me and I have no idea if you had good or bad intentions. I'm not saying you don't have a right to carry it openly but after the last few years we have had, surely you understand peoples nervousness about seeing a gun in public.

 

I don't carry my gun unless I know I am going out alone late at night or on a road trip alone. Other wise I use it for home protection. I may wish one day that I had it but my first instinct is not going to be drawing down on someone. My first reaction will be to run away!!!

One of the first thing i remember from reading about concealed carry is to carry whenever possible and try to be consistent with what you carry and how.  Its like flood insurance, do you only carry it in rainy weather?  But you also have to carry when you are comfortable carrying.

 

Personally, i dont worry about people who concealed or open carry.  Most (if not all) who open carry in Alabama have a cc permit because they have to have a cc permit to carry in their car at all.  Chances of someone carrying open committing a gun crime are slim.  Criminals who use guns tend to not show them until they commit the crime.  They dont want any attention before they pull their weapon.

 

I prefer to concealed carry myself, I think the element of surprise is all i really have against an equally armed criminal......

AGO 1984-205

... 2. May a person carry an unlicensed and unconcealed pistol anywhere, either on his own property, on the public highways, public property or on the land of another person without violating 13A-11-52 or 13A-11-73? (providing he is not riding in a vehicle.) 


 

... yes, generally, however, “anywhere” is a broad term. There may be individual or specific restrictions... landowners or residents may exclude licensees or invitees who do not comply with their rules prohibiting firearms ... 



and, in regards to 'local laws and regs' that try to ban open carry -


One last point of Alabama Gun Law worth mentioning is that the State Legislature is the only authority that may regulate handguns.

11-80-11

Regulation of gun shows, etc.;

(a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components.

11-45-1.1

Subject matter of handguns reserved to State Legislature;

No incorporated municipality shall have the power to enact any ordinance, rule, or regulation which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns by t he citizens of this state. The entire subject matter of handguns is reserved to the State Legislature. 


http://alabamaopencarry.com/docs/tri-fold.pdf


Here are the full opinions by the Alabama Attorney General.....

 

http://alabamaopencarry.com/docs/ago-1984-205.pdf


http://alabamaopencarry.com/docs/ago-2007-054.pdf - this one deals with animal control officers.  It is important because it says they are not law enforcement officers and must follow the laws in place for all citizens, then goes on to say that open carry for an animal control officer is legal (as it is for all citizens).


http://alabamaopencarry.com/docs/AG1955.pdf   -  old but still relevent - 

"It is my opinion that a person may not carry a concealed pistol anywhere off his own property without a license. He may, however, carry an unconcealed pistol anywhere without obtaining a license. "




http://alabamaopencarry.com/docs/2001-267.pdf -  And here is a little handgun bonus from the AG in 2001 that states that the city of Decatur CANNOT  prevent city employees from possessing a handgun at work.  They can prevent them from carrying any other weapon, but handgun laws are only able to be enacted by the state legislature.

 

CONCLUSION

The City of Decatur cannot adopt a policy prohibiting the possession of handguns. The City of Decatur may adopt a policy probibiting city employees from possessing other types of weapons while performing duties as city employees. 

Interesting.  The city of Belleville, Illinois has a substantially higher crime rate than the cities around it.  Check it out by clicking here and there on the map.The nearby city of East St. Louis was long known for having lots of mob activity, but now has a crime rate only about half that of Belleville.

 

This place needs an armed police presence!

 

http://www.city-data.com/crime...eville-Illinois.html

On the original subject, some years ago I worked for a mid-sized restaurant chain. It was purchased by a slightly larger chain. We were then told all uniformed LEOs were to eat for half-price. They stressed uniformed so much, I wasn't sure what the policy was. How about firemen, soldiers? How about my cousin that was a plain clothes detective?

 

Finally, someone said, let me explain it to you. We want uniformed officers in here with guns whenever possible. It deters robberies.

Originally Posted by Viper:

Lauderdale county here also...and my permit says, "License to conceal a pistol on the person or in a vehicle" I have saw some people open carry, but I was under the asumption you had to be on your own private property to do so. I could be wrong. I would like to know the facts for sure!!

A license is required to carry conceal - thus the wording on the license.  The Attorney Generals opinions that I have read have all indicated that no license is required to open carry on foot.  Of course, you have to have the license to carry in your vehicle.

 

The wording on the license only applies to concealed carry, which is what the license is issued for. 

 

As someone discusses on the open carry forum, laws dont make actions legal, they make them illegal (or they restrict activity, etc).  Alabama gun laws say that it is illegal to carry concealed without a permit.  There is no law restricting open carry in alabama, so there is no need to get a permit or waiver to open carry.  And, according to state law, individual cities and counties cannot enact any legislation that further restricts handguns beyond state regulations.

I was kindof surprised when I found the AG opinion that Decatur couldnt enact the no handguns policy.  I had never thought about that portion of the law applying in that manner.  From that information, I would think that municipalities cant ban handguns in parks and such.  They can ban any other firearms, but handgun legislation is worded somewhat specific.  

 

Not to say they wouldnt go ahead and enact the bans and wait for someone to challenge them.  Im sure there are places scattered all over the state that have ordinances that conflict with the state law.  

 

But Im no lawyer.....

 

Apparently, there are some folks in the Lauderdale County Sheriffs office that think open carry is illegal according to taxedenough.  And I have heard that from other counties as well, mostly folks in the Bham and Mobile area.  I sometimes wonder if its that some LEO's dont know open carry is legal or if its that they are 'controlling their information skillfully' in regards to open carry.  Kindof like 'well, your license says you are authorized to conceal carry your weapon.'  I'm sure that its easier for LEO's to not have to answer calls about someone with a gun just because someone is carrying their pistol unconcealed.

 

And I agree with you about open carry and I dont open carry often.  I only wear my holster and carry my glock when its cold enough outside to wear a jacket.  The rest of the year I have Elsie Pea  

Here in Tuscaloosa: 


Panel approves city building gun ban

Ordinance now goes to full council  

 

TUSCALOOSA | The Tuscaloosa City Council Public Safety Committee voted unanimously to ban firearms from city buildings and facilities.

[...]

The ordinance would place an outright ban on long guns — rifles and shotguns — in city facilities. Because of a state law, it could not ban handguns. But it does make anyone possessing a handgun in a city facility a trespasser, and that person could be arrested or removed from the property under trespass laws.

 

Senior Associate City Attorney Tim Nunnally said there are substantial legal questions with regard to the city’s right to restrict handguns. A state ordinance prevents cities from interfering with a citizen’s right to own or possess a handgun.

[...]

The question, he said, is whether the Alabama Legislature intended to limit the right of cities to control city facilities. He pointed to a U.S. Supreme Court ruling that reaffirmed that the second amendment gives citizens the right to own and possess a handgun. However, the justices noted that the government has the right to restrict guns in sensitive places like schools and public buildings.


Nunnally also noted that if a police officer were to detect that someone is carrying a gun in a city facility now, there is nothing the police officer can do. With the ordinance in place, the officer could at least detain the person.


Nunnally also noted that if a police officer were to detect that someone is carrying a gun in a city facility now, there is nothing the police officer can do. With the ordinance in place, the officer could at least detain the person.


http://www.tuscaloosanews.com/...00217/NEWS/100219602


--------------------------------------------


From Alabama Open Carry forum: 


Well I had my talk with the mayor of Tuscaloosa and then was referred to the top lawyer. I missed a call from him then returned a call and left a message. In the message I told him that basicly I wanted him to tell me how we got around the code of Alabama in enacting the ordinance banning weapons from municiple buildings. Here's the response I got, and the attachment. What say you my fellow patriots?

Mr. Fulmer, 

I apologize in return for the delay. I’ll be glad to discuss this with you but you may want to read the attached handout I prepared for a seminar presentation recently (I could not attend and another lawyer actually presented it for me). You will notice that the City has adopted an ordinance, and therefore the Mayor’s executive order has been superseded and is no longer the basis for regulating firearm possession in city facilities (although I continue to believe the Mayor has this power based on his authority over City property) . 

I fully understand your point about the statutes but the City’s approach is as a property control measure, not a possession or ownership of firearms measure. The City has control over its property, and in my opinion has the power to protect its employees and the general public by denying the entry of city facilities while in possession of a gun. The Attorney General opinions do not have the force and effect of law and do not control the City’s powers; I know one has been issued re city employees, but the City of Tuscaloosa has long prohibited unauthorized employees from carrying firearms while on the job.

I will be glad to discuss the legal issues with you. Respectfully, I do not intend to debate whether this is good or bad policy, whether it actually makes matters safer or more dangerous, and so forth. The City Council has made the policy decision by adopting the ordinance, and this Office will defend the action against any legal challenge. If after reading the attachment you still wish to discuss the legal issue then please let me know, but also please understand I will not be persuaded to change my opinion.


Regards, 

Tim Nunnally
City Attorney 
City of Tuscaloosa, Alabama

 

------------------------------------

 

MUNICIPAL REGULATION OF
FIREARMS IN CITY FACILITIES
Tim Nunnally
Office of the City Attorney
City of Tuscaloosa
MEMORANDUM TO PUBLIC SAFETY COMMITTEE ............................................................ 1
AN ORDINANCE PROHIBITING ENTRY OF CITY FACILITIES WHILE IN POSSESSION
OF A FIREARM ... 3
RELEVANT STATE LAW AND OTHER AUTHORITY............................................................ 4
MEMORANDUM TO PUBLIC SAFETY COMMITTEE


[and] 


AN ORDINANCE PROHIBITING ENTRY OF CITY FACILITIES WHILE IN
POSSESSION OF A FIREARM
[ADOPTED BY THE CITY COUNCIL OF TUSCALOOSA ON 04/06/10]
BE IT ORDAINED BY THE CITY COUNCIL OF TUSCALOOSA as follows:

[Read more:] 

http://alabamaopencarry.com/fo...dex.php?topic=1434.0

Yep, I heard Tuscaloosa was gun unfriendly as well.  Looks like they acknowledge the fact that handguns are regulated differently than firearms and are trying to make it a trespass issue.

 

It looks like they didnt ask for an AG opinion on the matter, they are probably waiting on someone to challenge it, then hoping the new AG will have different opinion than past AG's. Makes you wonder why they didnt ask - probably dont think that the answer they will get will be the answer they want.

 

And no, AG opinions are not the law, they are the AGs interpretation of the state law that is already in place.  Considering past issues, I would say state courts would lean in the same direction as the AG opinions.  Anyone have any instances (gun related or not) where an AL state court went against a written AG opinion?


Meanwhile, just across the river: 


Northport backs off proposed ordinance, but plans to ask people openly carrying guns on city property to leave

October 16, 2012 at 6:00 AM, updated October 16, 2012 at 6:09 AM


NORTHPORT, Alabama -- Northport officials will not pursue an ordinance banning guns on city property, but plan on asking people openly carrying guns at municipal buildings, parks and other recreational areas to leave.


A proposed ordinance that got a first reading on Oct. 1 would have made it so that any person with a gun on city property -- other than a law enforcement officer or on-duty security guard -- could be ejected as a trespasser or denied entry by police or a city official. It was similar to an ordinance passed by the Tuscaloosa City Council in April 2010 that applies to municipal buildings.

[...]

City Administrator Scott Collins said the city began looking into an ordinance after someone called the Tuscaloosa County Park and Recreation Authority about three weeks ago and asked if they could openly carry a gun at the Kentuck Festival of the Arts, which will take place at Kentuck Park on Saturday and Sunday.

Collins said the city will not allow an openly carried gun to become a public safety concern in its facilities and parks.

[...]

Collins said he does not think there would be a threat in that case, but the city wants to fall on the side of caution when it comes to firearms. The city will ask people openly carrying guns on city property to leave, Collins said. 

Eddie Fulmer, a regional coordinator for Alabama Gun Rights, said he and the group began speaking out against the proposed ordinance after its first reading.

"It was sold as an open carry ban, but when we finally got a copy of the ordinance, it was not an open carry ban -- it was a weapons ban," Fulmer said.

Fulmer said he spoke to Collins and Councilman Steve Acker and distributed packets outlining state codes to all council members, Northport Mayor Bobby Herndon and Collins. He said that the proposed ordinance, like Tuscaloosa's 2010 ordinance, would have affected gun possession while being disguised as a rule concerning trespassing.


[This may have been something that changed their mind] 

Fulmer said he told Collins that Alabama Gun Rights was prepared to bring a lawsuit against the city that would be based on state code, which preempts any regulation of guns by municipalities.

On Wednesday, Fulmer went to City Hall to get on the agenda to speak against the proposed ordinance when Collins called him into an office where he, City Attorney Ron Davis and NRA lobbyist Michael Sullivan were talking. It was then Fulmer found out the city would not pursue the ordinance. 


"It's been our experience that most of the time when the council people and the people in charge are made aware that that's an overreach of their authority and abuse of their power, they just don't do that," said Fulmer. "They say, 'We can't really do this.'"

Fulmer, a Tuscaloosa firefighter, said if Tuscaloosa tried to enact their weapons ordinance now instead of two years ago, his group would fight against it as well. 

The rules put forth in state law were written to prevent abuses and keep a "checkerboard" of laws from popping up, he said.


http://blog.al.com/tuscaloosa/..._guns_ordinance.html


Here is some proof that open carry is legal in Alabama, this video was taken in a public city park.  

 

If nothing else, watch toward the end (7:00 and beyond), the officer confirms that open carry is legal but recommends concealed carry to keep from upsetting the public.  Again, those that are going to commit a crime with a gun tend to keep it hidden until they use it, not wear it on their hip in open view.

 

We need to educate citizens about the right to open carry.  Kudos to this guy for standing his ground and Kudos to the Florence PD for handling it professionally......

 

http://m.youtube.com/#/watch?v...ch%3Fv%3D3T4oP5gnaIY

 why would anyone want to open carry a gun. i believe in the right to carry a concelled weapon but not open.carry. 

Here is some proof that open carry is legal in Alabama, this video was taken in a public city park.  

 

If nothing else, watch toward the end (7:00 and beyond), the officer confirms that open carry is legal but recommends concealed carry to keep from upsetting the public.  Again, those that are going to commit a crime with a gun tend to keep it hidden until they use it, not wear it on their hip in open view.

 

We need to educate citizens about the right to open carry.  Kudos to this guy for standing his ground and Kudos to the Florence PD for handling it professionally......

 

http://m.youtube.com/#/watch?v...ch%3Fv%3D3T4oP5gnaIY

Originally Posted by Capt James T:That is the most ridiculousness thing that I have ever heard. Wonder if the manager that told them they had to leave got fired from his job. Police officers are suppose to carry guns and should not have been embarrassed by him doing that. I bet that Denny's have lose a few customers.

Imagine that.....in Illinois.....

 



BELLEVILLE, Ill. (KTVI) – The Chief of Police in Belleville, Illinois has banned his officers from eating at the local Denny’s restaurant while on duty after an incident at the establishment New Year’s Day.

A manager at the Denny’s Tuesday told a group of officers they could not eat at the restaurant if they were armed.

Belleville Police Captain Don sax said, “It’s absolutely a slap in the face I totally agree it’s completely disrespectful. How can anyone think to tell a police officer you can’t be in here with your gun its absurd to me.”

Five on-duty but out of uniform detectives were in the middle of their meal at the Denny’s.

The restaurant chain said a customer spotted one of the officers carrying a gun and alerted the manager.

The manager told the detective she would have to leave or secure the gun in her car,  that guns are not allowed in Denny’s.

Even after the officers explained they were cops they were still told they could not carry their weapons in the business.

Captain Sax said, “I’ve never known anybody that didn’t want a police officer present in an establishment in a business it’s added security it’s absolutely what they want.”

Sax said the police had their badges in full view, either by their handguns or they were wearing them around their necks.

Plus, portable police radios were on the table.

A second manager showed up and told the officers they could stay with their weapons.  But, the detectives left anyway.

Captain Sax added, “They had been harassed enough they have been embarrassed more than enough.”

Local citizens like Jennifer Veri support the police, Veri said, “You want them to be with their guns that makes them cops so they can protect the public.”

Denny released a statement that said in part “Denny’s policy permits law enforcement officials to carry their firearms in the restaurant and we regret any misunderstanding.”

Some people plan to stay away from Denny’s just like the police.

Eric Veri said, “I won’t go to Denny’s until they resolve it with the Belleville Police Dept. they are working out here hard for us definitely support them.”

Read More About This Story: http://fox2now.com/2013/01/02/...-banned-from-dennys/

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