Brimstone Baritone
Regular Member
imported post
Hear me out. It has been brought up in other threads that since Alabama is a MAY issue state (the sheriff can exercise discretion even on people who otherwise meet the requirements) instead of SHALL issue (the permit is issued to every applicant who meets the requirements) that the sheriff can also use his discretion to revoke said permit.
I would like to draw attention to Section 13A-11-75
Let me rephrase, "The sheriff is allowed to revoke a license if he can prove the the licensee has been convicted of a crime of violence, is a drug addict or drunkard, or is prohibited by state or federal law from possessing a pistol."
May is a defined term, meaning is allowed to but doesn't have to. Proof means evidence. Proper person is a defined term, with additional restrictions added by Federal law. Nowhere in here is it implied or stated that the sheriff is authorized to revoke a permit without due process, and so anyone who has this happen to them has legal standing to sue based on a 14th amendment violation.
Does anyone disagree?
Hear me out. It has been brought up in other threads that since Alabama is a MAY issue state (the sheriff can exercise discretion even on people who otherwise meet the requirements) instead of SHALL issue (the permit is issued to every applicant who meets the requirements) that the sheriff can also use his discretion to revoke said permit.
I would like to draw attention to Section 13A-11-75
License to carry pistol in vehicle or concealed on person - Issuance; term; form; fee; revocation.
...The sheriff may revoke a license upon proof that the licensee is not a proper person to be licensed.
Let me rephrase, "The sheriff is allowed to revoke a license if he can prove the the licensee has been convicted of a crime of violence, is a drug addict or drunkard, or is prohibited by state or federal law from possessing a pistol."
May is a defined term, meaning is allowed to but doesn't have to. Proof means evidence. Proper person is a defined term, with additional restrictions added by Federal law. Nowhere in here is it implied or stated that the sheriff is authorized to revoke a permit without due process, and so anyone who has this happen to them has legal standing to sue based on a 14th amendment violation.
Does anyone disagree?