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Lots of confusion and false info on city ordinance

   Written by Published on February 27, 2013 at 9:36 am

The recently proposed ordinance regarding emergency powers has come under a lot of criticism this week, at both a local and national level.

The ordinance was designed to allow the mayor of the city to declare an emergency and respond quickly in the event of a disaster.  This exact ordinance is already in effect in major cities across the state.

The section in question, gives police officers the right to disarm a citizen if the officer determines the person is harm to themselves or others.

Many people have accused Guntersville of violating the Second Amendment, but what many don’t know is that this particular section has been state law for nearly 60 years.

The code of Alabama, 31-9-10, Section C 2 reads, “A law enforcement officer who is acting in the lawful discharge of the officer’s official duties may disarm and individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual.  The officer shall return the firearm to the individual before discharging that individual unless the officer arrest that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.”

The Guntersville ordinance uses the exact same wording.

So whether the city passes the ordinance or not, it’s already law throughout the State of Alabama, including Guntersville.

 

Lots of confusion and false info on city ordinance
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One Response to Lots of confusion and false info on city ordinance

  1. Tim Mccorry

    March 1, 2013 at 1:34 pm

    If the state already has a law in place, the city should have no reason to pass a local law. All firearm laws are reserved to the state. Also a police officer can already disarm a citizen if they are posing an “immediate” threat. Given what is happening at the National level, most people do not want to hear anything about any type of new gun control or restrictions. The city of Guntersville should be focusing on how the city can better respond in the event of an emergency. I was here on 4/27/11 and in my opinon the city did not do well. Traffic control was a big issue when driving through the city. People running 4 way stops when the lights were out ( including police officers ) made it very dangerous. Maybe the city should focus on issues like that and just enforce the state laws that are already on the books.

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