Don't Stop at Rest Areas in This State If You’re Carrying

[mmckee1952]

ALERT: Don't Stop at Rest Areas in This State If You’re Carrying a Gun… You Could Be Arrested

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.

Read More: http://conservativetribune.com/rest-are ... 2015-07-29

My Thoughts:
Spread this everywhere. Do NOT stop at a rest area in this state if you are carrying a gun... it could end with you in jail.
All gun lovers need to know this...

[mmckee1952]

Despite Preemption Law, AL Dept of Transportation Bans Firearms From Rest Stops

By Dan Zimmerman

Recently, my family drove along a large portion of the Interstate Highway System in Alabama, which in turn necessitated several stops at multiple rest areas. At each rest area, there was some form of sign that read, “No Weapons Beyond This Point.” Being a responsible gun toter, I try to research the gun laws in each state through which I travel. Up until this point, I thought that I had a pretty good understanding of Alabama’s laws, and rest areas were not one of the prohibited places listed in the Alabama Code . . .

Upon arriving home, I researched the issue. I discovered several threads on gun-related message boards, and a few articles on sites such as The Truth About Guns. The general feeling of the gun community was that the Alabama Department of Transportation (ALDOT) was illegally posting the rest areas. The internet trail started in January 2014 but seemed to peter out about 6 months later. I could find no resolution about this issue, no justification for the ban or reports of lawsuits against ALDOT.

I began with a simple email to ALDOT. I initially communicated with two different individuals in the Maintenance department, which oversees the rest areas. The ALDOT personnel cited section 13A-11-61.2 (a) of the Alabama Code as giving them the power to regulate firearms in their buildings through their rule making authority, and then cited Alabama Administrative Code section 450-3-1-.08 as the specific rule that prohibits firearms.

Despite both of their assurances, I could not see the authority granted to ALDOT. I could clearly see the rule they made, but I could not see the specific language that gave them that power. I spent the weekend reviewing the Alabama Code, but my understanding was no clearer.

I wanted to have my ducks in a row before contacting anyone else. The relevant language of 13A-11-61.2 (a) is:

In addition to any other place limited or prohibited by state or federal law, a person, including a person with a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A- 11-85, may not knowingly possess or carry a firearm in any of the following places without the express permission of a person or entity with authority over the premises:

The section then goes on to list various locations, from jails to professional sporting events, as places that may prohibit firearms. Rest areas, however, are not on that list.

Furthermore, in my research, I found that the Alabama legislature has preempted any political subdivision from regulating firearms; the code was recently revised in 2013. The code contains language (Alabama Code Section 13A-11-61.3), which is very strongly worded to prevent any other part of Alabama government from making laws about firearms. In addition, it includes a specific remedy to petition the Alabama Attorney General to bring action upon a political subdivision that is illegally regulating firearms.

Read More: http://www.thetruthaboutguns.com/2015/0 ... est-stops/

[FiremanBob]

How many days before the rash of armed robberies at Alabama highway rest stops hits Fox News?

[Reverenddel]

After reading all this, until this is fixed? Alabama is off my travel list. That azzjack in charge of the ALDOT needs to be fired. You can almost hear him say when challenged, "BOOT AH AM NAPOLEON!"

[SHMIV]

It's sad that Southern states are infected with this lunacy.

Also, it's sad that after I typed in "Southern ", my phone auto-suggested "racism " and "racist " as possible next words. I didn't program my phone to do that.

[ Post made via Mobile Device ]

[FiremanBob]

Expect that in all states where senior bureaucrats are Democrats, regardless of whether that state has pro-2A laws, those bureaucrats will do everything possible to infringe on your rights. Their orders do not come from the voters; they come from the Party.

[wittmeba]

It seems that we gun owners and activists can only pick away at regaining our gun rights back with small bites. It is not realistic to me that even if we had the right mix of people in Washington that we could get Constitutional Carry approved for all states.

This thread is a good example of where the sign placement is critical. It apparently is placed at the roadside entrance of the rest stop. If this is going to be the practice of the AlDOT is treating guns, this needs to be altered to be "...no carry in the buildings". It is not the best solution but would be an improvement.

It would allow you to pull in, stop and use the facilities providing you lock your gun(s) in your vehicle.

The Veterans Administration is the same situation. They post their sign "No guns allowed on these premises" at the street entrance. It should be applied to the buildings rather than the access road. If I go into town (40 miles) to do other business and I'm carrying or plan to carry after visiting the VA it better accommodates being able to lock the gun in the vehicle. Otherwise I would effectively need to make two trips - which I won't do on the same day.

[Swampman]

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 … ”

Since when is a parking lot a "building?" I didn't read all the gobbledy-gook, my eyes glaze over just thinking about it. So, if I missed something please correct me.

[Monkey]

Can't we bus protesters to AL? Seems to be a popular tactic...

[JimS]

BREAKING: Bentley abolishes ‘gun free zones’ at rest areas, orders signs removed
WRITTEN BY ELIZABETH BESHEARS ON JULY 24, 2015 AT 4:47 PM CDT

Quote from Bentley:
I have ordered the AL Department of Transportation to remove signs banning weapons at all Alabama rest stops to comply with state law.

More at
http://yellowhammernews.com/politics-2/ ... s-removed/

[ Post made via Mobile Device ]

[dusterdude]

Excellent!!!!

[Reverenddel]

And! That governor should seriously contemplate FIRING that azzhat for even TRYING to garner more power than authorized!

You know? That would be a POWERFUL reset button for azzhats who attempt power grabs they're not authorized.

YOU try? You're out!

[MarcSpaz]

Agreed. Glad the Gov has some backbone!