Lawyers argue 'short-barreled rifle' was actually a legal pistol
May 15—Two Sylacauga men arrested last month on drug charges and for unlawful possession of a short-barreled rifle appeared in Morgan County District Court on Tuesday, where defense attorneys argued the firearm in question was a legal AR-style pistol — not a rifle as charged.
Courtenay Levon Borden, 26, and Lanoah Ealy Jr., 27, were arrested alongside a third person on April 27 around 2 a.m. after Priceville police said a traffic stop on Interstate 65 revealed fentanyl pills, marijuana, drug paraphernalia, firearms and cash.
Borden was charged with possession of a short-barreled rifle, second degree possession of marijuana, and possession of drug paraphernalia. Ealy was charged with possession of a short-barreled rifle, possession of a controlled substance with intent to distribute, second-degree promoting prison contraband, first-degree possession of marijuana, and possession of drug paraphernalia.
During Tuesday's preliminary hearing before District Judge Shelly Waters, Borden appeared in jail-issued clothing, as he remains in custody on a Talladega County extradition hold for probation noncompliance. Court records show Ealy was released April 28 after posting a $50,000 bond.
Borden is represented by Decatur attorney Kevin Teague, and Ealy by Decatur attorney Randy Ferguson. The hearing began with Assistant District Attorney Kelly Cimino questioning Priceville police officer Patrick Wiley, who made the arrests.
Cimino asked Wiley to explain the circumstances of the stop. Wiley testified he was patrolling south of the Tennessee River bridge on Interstate 65 when he pulled over a silver Dodge Challenger for following too closely and failing to signal. He said Borden was driving, with Ealy and Cook as passengers.
"I immediately smelled the odor of raw and burnt marijuana in their vehicle and saw marijuana in plain view around the center console," Wiley said. "There was a rifle next to Ealy's left leg."
Three firearms were found in total, Wiley testified, along with roughly $7,000 in cash. An affidavit he signed said approximately 31 grams of marijuana packaged for distribution were found in the vehicle as well. He said all three men were transported to Morgan County Jail and the evidence was logged.
During cross-examination, Ferguson asked whether Wiley had informed the occupants about the smell of marijuana. Wiley said he had not, but he smelled it through the window. He said the odor gave him probable cause to search the vehicle.
When Ferguson asked Wiley to identify the firearm near Ealy, Wiley said it appeared to be "some kind of rifle." Ferguson then showed him a photo of an AR-style pistol, and Wiley said it looked "real similar."
"This is what's called an AR pistol, not a rifle," Ferguson said, arguing Ealy had purchased it legally and that Wiley charged him without understanding the difference between a pistol and a rifle.
Wiley responded that the weapon met the legal definition of a rifle under Alabama law.
Under Alabama Code section 13A-11-62, a short-barreled rifle is defined as having one or more barrels less than 16 inches in length, or an overall modified length of less than 26 inches. However, federal law adds an additional requirement: a firearm must be designed and intended to be fired from the shoulder to qualify as a rifle. That means a weapon like an AR-style pistol — if it lacks a shoulder stock and is not meant to be shoulder-fired —may legally qualify as a pistol under federal guidelines, even if its barrel is shorter than 16 inches, Teague said.
"Have y'all seen (the firearm)?" asked Waters, to which both the prosecution and defense replied that they hadn't.
"I'm more than happy to have a recess and we go get (the firearm)," Teague said.
"That's not the purpose of a preliminary hearing," Waters said.
As Teague pressed Wiley on whether the weapon near Borden met the federal definition a short-barreled rifle, Assistant District Attorney Garrick Vickery interjected, clarifying that Borden was charged under state law, not federal.
Waters said she could not definitively determine probable cause on the firearm charge without seeing the weapon.
"I don't know if it's 12 inches or 18 inches. All I know is they have a rifle that's been sawed-off, and what they really should have done is let y'all see it before this started today," Waters said. "That's why I want it brought to me by Friday— serial numbers, pictures, everything."
Despite the uncertainty, Waters ruled there was probable cause and she bound both defendants' cases over to a Morgan County grand jury. She ordered Wiley to submit all evidence to the prosecution by Wednesday.
Waters also reduced Borden's total bond to $10,600 — $10,000 for the primary drug charge and $300 each for two related charges.
— wesley.tomlinson@decaturdaily.com or 256-340-2442.
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