Posted on 07/23/2015 10:41:46 AM PDT by BulletBobCo
Some disturbingly anti-gun news has recently come out of a typically pro-gun conservative southern state.
The Alabama Department of Transportation announced that they are banning the possession and carrying of firearms at rest stops along the state’s interstates and highways.
Ignoring the fact that both concealed and open carry are legal in the state, all rest stops will now have a sign reading “no weapons beyond this point.”
Although many are questioning whether ALDOT has the legal authority to do this, the department cited Alabama Code Section 25-1-59(c) as giving them the power to “prescribe any reasonable rules and regulations … prevent unnecessary trespassing upon or injury to any of the public roads, bridges, or highways of the state … ” upon which state money is spent.
In claiming this power, ALDOT has written its own administrative rule 450-3-1-.08(3), which read in part, “No person other than a duly authorized law enforcement officer shall enter any Alabama Department of Transportation building with a firearm … ”
However, according to Yellowhammer News, this new rule is in direct contradiction to the state statute regarding the regulation of firearms, Alabama Code Section 13A-11-61.3, which gives the Legislature complete control over all rules and regulations pertaining to firearms and ensures such rules and regulations are applied uniformly throughout the state.
The only possible way that the ALDOT could legitimately interpret the law to allow themselves to implement gun-free zones at rest areas is if they view all gun owners as trespassers or threats to cause “injury to public roads,” both of which are laughable.
State Rep. Barry Moore said, “I think that’s certainly an overstep. The Second Amendment is pretty clear: (government) SHALL not infringe. It seems like more and more, government tends to infringe on our right to bear arms. If anything I think we need to be getting rid of gun-free zones, not creating more of them.”
State Sen. Bill Holtzclaw agreed, speaking out against gun-free zones in general in the wake of the recent terrorist attack in Chattanooga, Tenn.
Holtzclaw said, “I believe that, nationwide, we’ve created these gun-free zones and cowards that want to be a martyr for their cause are attracted to them because they know that they’re going to be more successful in whatever form of terrorism or activism that they are trying to accomplish.”
He continued, “So when we label a gun-free zone, we actually create a killing field for those people who obviously aren’t going to follow a law like that.”
The Alabama Legislature must rein in its Department of Transportation, which has taken it upon themselves to promulgate their own rules regarding firearms, something outside their purview.
Concealed means concealed.
Going to take a leak is NOT “probable cause”.
I’ll do as I please.
This effectively bans carrying your gun off your property since to to travel upon a state road or highway with a gun in your possession (in your vehicle) or on your person is now illegal.
It won’t hold up in court.
An amazing place. We spent the day there with our 3 kids about 12 years ago. The rocket launch simulator was incredible. We all road it 3 times.
What Democrat is the head of ALDOT?
Rest stops at night are some of the more dangerous places you can be. Bad rule.
In schools? OK,maybe.
On planes? Absolutely.
In certain other public places? Depends on the exact circumstances.
On private property (e.g.,in a Wal Mart or a private residence)? Absolutely.
At a public rest stop on an Interstate?
That should make everyone feel safe.*
The thugs in Alabama and other states are writing this down in crayon so they can remember to linger around the rest stop until they find a victim.
“DoAnt ferGit tWo briNg guN to rEss sTopSs iN aleBaMa”
Agreed...that's why I never,never,EVER stop at one at night.Armed or unarmed.
any reasonable rules and regulations
And who’s definition of “reasonable” are they using?
At the point that somebody gets arrested and doesn’t just submit but fights it in court it will go away but its inconvenient for now.
Actually, I like Alabama.
Considerable of Florida’s pro gun legislation owes its life or at least the celerity of its passage to a year down here when tourists were getting killed at rest areas along the highways. That was 93 or 94, I believe.
I guess police can’t stop there now
If I ever find myself in Alabama & I’m not welcome, I won’t stop.
It is a beautiful state. Highly underrated up here in the North.
They are going to stop two guys having sex in the parking lot to check them for guns.
This about sums it up
When I see signs like that...I laugh.
I was summoned to jury duty last week. One of the provisions we were given is that the courthouse is a gun-free zone. If I didn’t have something better to do with my time I may have refused the summons by saying I never go to a gun-free zone.
In Seattle they tried the same thing with city parks. Got the signs up, etc. I’m not sure anyone even got arrested before it got overruled. The state law allowing carrying weapons trumps anything the city, county, and I imagine State Patrol can come up with.
The State law does have limits of bringing them into bars, schools and court rooms. Private businesses can ban them - but it is only a “ask you to leave” type thing. And if you give them a hard time, then it is a trespassing charge. At the large sporting events (private) one does need to go through a metal detector.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.