Tulley v. City of Jacksonville

I respectfully dissent. I am not persuaded that Ordinance No. 0-514-10 is *826facially unconstitutional. The Court of Criminal Appeals stated:

“[S]ubsection (c) of Ordinance No. 0-514-10 declares that the conduct proscribed by § 13A-11-52, Ala.Code 1975, is an offense against the City, and subsection (d) of that same ordinance includes a provision for punishment for that offense.

Section 13A-11-52 clearly prohibits certain conduct—namely, it prohibits a person from ‘carrying] a pistol about his person on premises not his own or under his control.’ The ‘law of this State’—that is, the Code of…