Someone Called Police on Roy Moore After He Displayed His Gun at Fairhope Rally

Someone called police after Roy Moore’s rally in Fairhope Monday, complaining about the now nationally seen moment when Moore pulled out a pistol. He did so to show that he was not soft on the 2nd amendment.

According to a report from Fairhope police, the person complaining wasn’t at the rally and only saw it on television. Police found no laws were broken. 

Here’s the full report:

On 09/26/2017, at approximately 10 p.m., the Fairhope Police Department received a complaint alleging possession of a firearm at a political rally.  However, the complainant did not actually witness the event, he simply saw it on television.  

Section 15-10-3, Code of Alabama, “Arrest without a Warrant,”  allows officers to make an arrest for a misdemeanor, but only if the misdemeanor occurs in the officer’s presence.  Section 15-10-7, “Arrests by Private Citizens,” allows citizens to make an arrest (commonly referred to as a citizen’s arrest), but again a misdemeanor must be committed in the citizen’s presence.  Seeing something on television does not meet the definition of a misdemeanor committed in his presence.

 We also have to understand the language in the specific code the citizen was alleging had been violated.  Section 13A-11-59, Code of Alabama, “Possession of firearms by persons participating in, attending, etc., demonstrations at public places,” makes it a misdemeanor offense to possess a firearm at a demonstration held in a public place.  The rally was a ticketed event held on private property, and as such, did not meet the definition of a public place.

 The officer who spoke with the complainant determined that there was no probable cause to believe that a violation had occurred since the event was not in a public place.  Additionally, since the complainant did not witness the event, that complainant does not meet the requirements for a citizen’s arrest, even if a crime had occurred.

 There is nothing to indicate that a crime occurred.

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