Gun Smoke

 

A friend suggested I write this week’s column on Alabama gun laws. I think with all that has been going on in Arizona his suggestion is very timely. First the Second Amendment to the U.S. Constitution gives us the right to be armed. However, the federal government has regulations that every state must abide by. The National Firearms Act (NFA) requires that certain weapons be registered and fees be paid. The NFA weapons include machine guns, grenades, bombs, explosive missiles, poisonous gas, short barreled rifles and shotguns and many other similar weapons. One cannot transport these across state lines without proper federal paperwork and fees.

Some states require registration and licensing of firearms. Alabama does not. Here people are allowed to carry concealed handguns on their person and in their vehicle if they have a firearm permit. A permit is not required if a person is carrying the weapon openly such as on the gun rack of their truck. If a person carries a concealed weapon without a permit they can be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail for not more than six months. However, it is easy to obtain a permit. The county sheriff may issue a permit to applicants unless there is a reason not to. The sheriff is required to do a background check to determine if the possession of a firearm would be in violation of state or federal law. The sheriff may also revoke a permit if he believes it to be necessary.

The permit is good for no more than a year. It will have the name, address, description, and signature of the licensee and the reason given for desiring a permit. The permit is given to the applicant and a duplicate is sent to the Director of Public Safety. The sheriffs’ office will also keep a copy on file for six years.

Loughne would not likely be issued a permit locally. The Code of Alabama states that no one who has been convicted of a crime of violence can own, possess, or have one under his or her control. No one who is a drug addict or a habitual drunkard is allowed to own a gun. Also in order to buy a handgun one must be over the age of eighteen and be in a sound state of mind. It is also illegal to sell or give a firearm to any of these people.

Even if he did have a permit he could not bring it with him to see Congresswoman Gabrielle Giffords. It is against the law for anyone to have a firearm in their possession while participating in or attending any demonstration being held at a public place. This ban also includes picketing, speechmaking or marching.

Also we have a catch-all law that gives law enforcement the right to disarm anyone if it is necessary for the protection of the officer or another individual.

No Abductions

A new Alabama law went into effect on January 1, 2011 to prevent the abduction of children. This law applies to parents who are in a custody dispute and have filed for custody with the court. However, in some instances the law applies to parents who have not filed papers in any court. If it is suspected that a person intends to abduct a child anyone can file a petition to prevent the abduction. It is anticipated that the court can do this on its own or the parent or the district attorney will file.
Parents who have made credible threats to abduct a child or have a history of attempting to take the child are particularly high risk especially when accompanied by other factors, such as quitting a job, selling a home, and moving assets. The more of these factors that are present, the more likely are the chance of abduction. However, the mere presence of one or more of these factors does not mean that abduction will occur. Parents who have a custody determination are already required to notify the other parent before they move. This is done in order to give time to object to the move. Now if a parent sells their home or terminates a lease without notifying the other parent they may be a suspected of planning an abduction. This is also true if they close out their bank account or quit their job. If a non-custodial parent asks for the child’s school records it may be an indication of a plan to abduct.
We have many parents in Franklin County who are from other countries. If one parent has close ties with another country, such as Guatemala, it will be easier to show that there is a chance of abduction.
If the judge believes that a child is in danger of being abducted they can issue an order to prevent it. The judge can issue an order that restricts the travel of the parents; prohibit the parent from picking up the child from school, not allowing the parent to approach the child anywhere outside of specific supervised visitation. The judge may collect the parent’s and the child’s passport. She may also require the parent to post a bond in an amount sufficient to serve as a financial deterrent to abduction.
If there is a substantial fear of abduction the judge may issue a warrant to take physical custody of the child. This can be done without notice to the other parent. However, he should hold a hearing as soon as possible.
This law doesn’t change the existing child custody laws. It attempts to put in place a way to stop abductions before they can happen. The provision to ask the courts to get involved before there has been any wrong acts is new. If you are a parent do not ever say that you will take the child. If in anger you say these words and you also move, get school records, and close out your bank account you can find yourself in a web of legal proceedings.