Featured image: In District Court, Rickey Pippin vs. DeKalb County Sheriff Jimmy Harris in appeal of handgun permit denial
By Joseph M. Morgan
joseph@southerntorch.com
DEKALB COUNTY, Ala.—A DeKalb County resident who was denied a pistol permit in January by the DeKalb County Sheriff’s department took his case before DeKalb County District Judge Steven Whitmire this week to appeal the sheriff’s decision.
After his denial in late January, Rickey Pippin, 25, filed an appeal in Rickey S. Pippin vs. Sheriff Jimmy Harris to fight for his right to carry and conceal a firearm. Pippin said that just prior to his permit denial in DeKalb he received approval from the federal government after passing an extensive background check. He said his ownership of the weapon is also recognized by the State of Alabama and it is registered with the Montgomery Bureau of Alcohol, Tobacco and Firearms.
Pippin said he was told by the Sheriff’s department that he was denied the permit because he was charged with a sex offense when he was an 11-year-old minor. In Alabama the Sheriff in each county is responsible for issuing handgun permits to qualified applicants. Employees at the Sheriff’s department know Pippin because when he moved to DeKalb County, he was required to register as a juvenile sex offender.
Pippin’s attorney, Chad Hopper stated to Judge Whitmire, “Alabama law says the sheriff of a county shall issue a permit for a person to carry a concealed pistol unless the sheriff determines the person is prohibited from possession of a pistol or firearm pursuant state or federal law.
“On the form Mr. Pippin received denying his permit the Sheriff wrote, “The evidence on which this denial is based is due to the fact that Rickey S. Pippin is registering as a sex offender in our county.’
“Your honor, that is not correct. Mr. Pippin is not registering as an adult sex offender, but we do stipulate the fact that he is registering as a juvenile sex offender in DeKalb County. Mr. Pippin has applied for and received federal authorization and passed a background check to carry a weapon openly, and he does carry a weapon openly. There is no reason for him to have been denied a concealed permit by Sheriff Harris.
“The statute that I quoted earlier your honor, 13-A-11-75, says that for the sheriff to determine that he would use a weapon in a dangerous manner to himself and to others he can consider several factors and those are spelled out under 13-11-A-A:
“In making such determination, the sheriff may consider whether the applicant:
1. Was found guilty but mentally ill in a criminal case.
2. Was found not guilty in a criminal case by reason of insanity or mental disease or defect.
3. Was declared incompetent to stand trial in a criminal case.
4. Asserted a defense in a criminal case of not guilty by reason of insanity or mental disease or defect.
5. Was found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice.
6. Required involuntary inpatient treatment in a psychiatric hospital or similar treatment facility.
7. Required involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding that the person is an imminent danger to himself or herself or to others.
8. Required involuntary commitment to a psychiatric hospital or similar treatment facility for any reason, including drug use.
9. Is or was the subject of a prosecution or of a commitment or incompetency proceeding that could lead to a prohibition on the receipt or possession of a firearm under the laws of Alabama or the United States.
10. Falsified any portion of the permit application.
11. Caused justifiable concern for public safety.
b. The sheriff shall take into account how recent any consideration under paragraph a. is in relation to the date of the application.
“Those are the things that the statute says that the sheriff are supposed to consider. Mr. Pippin doesn’t meet any of those. So we’re not asking to do anything other than what the statute says which is if you receive an appeal and its timely then you review the appeal and the sheriff must have the burden of proving by clear and convincing evidence that the person is prohibited.
“So, we’re not asking you to do anything over and above what the statute says we can ask which is you require the sheriff to prove by clear and convincing evidence. The sheriff would then be ordered to, just like ordering him to go out on an eviction or any other thing you ask the sheriff to do, the sheriff would be ordered to issue Mr. Pippin a permit.”
Judge Whitmire said he will review the facts of the case and make a decision within the next 30 days. Southern Torch will provide an update to this story on our website early next week. Stay tuned.
