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
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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
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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