Mark Up Another Win for the Second Amendment in Alabama

Justin Holcomb
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Posted: Nov 24, 2015 1:50 PM
Mark Up Another Win for the Second Amendment in Alabama

Jason Tulley was convicted in the Calhoun Circuit Court of Alabama for carrying a pistol on premises not his own in violation of Ordinance No. 0-514-10 in the City of Jacksonville.

On March 31, 2011, Tulley entered a credit union bank in Jacksonville, Alabama with a pistol unconcealed in a hip holster. James Clayton, a Jacksonville police officer, was working as an off-duty security guard at the credit union that day. Clayton approached Tulley and told him that he could not carry the pistol in the credit union. Tulley became argumentative and asserted that it was his constitutional right to carry his firearm. Clayton testified that Tulley was defiant but but did not raise his voice or become aggressive. Tulley complied with the officer and put his pistol into his vehicle.

Tulley was arrested a few days later and was ordered to pay a $50 fine and $200 in court costs. Tulley then appealed to the Calhoun County Circuit Court.

Following two motions to dismiss the case, Tulley entered into a bench trial where he was convicted and sentenced to serve 30 days in jail and pay a $200 fine.

Tulley then took his case to the Alabama Supreme Court where, in September, the court ruled that a state law that banned the open carry of a gun on someone else’s property is unconstitutional.

Tulley’s attorney said he believes that businesses still have options available to limit people bringing firearms onto their property, but open carry advocates should not fear criminal prosecution under 13AA-11-52 going forward.

Last week the City of Jacksonville requested the Alabama Supreme Court revise its ruling that declared unconstitutional a state law that bans the open carry of a gun on someone else’s property.

Marilyn Hudson, the prosecutor for the City of Jacksonville, stated that towns and counties of Alabama have a duty and responsibility to uphold the law.

The Supreme Court Justices rejected the city’s request for a rehearing on Friday.

What people in the court system fail to realize is that America was not built on penal codes such as 13AA-11-52 and Ordinance No. 0-514-10.  We were built on that the fact that, when in doubt, choose freedom.  The courts got this one right, in whatever legal jargon that they had to use, because of people like Mr. Tulley and his attorney who refused to back down and risked being thrown in jail to defend the Second Amendment.  

Alabama Supreme Court Gun Law Case