Alabama’s constitutional, or “permitless,” concealed carry law is coming under further fire from another elected official in the state.
Last week we reported that Mobile County Sheriff Paul Burch was gathering information to try to get legislation introduced requiring a permit for 18- to 20-year-olds. Now, the mayor of Alabama’s capital city has signed a local ordinance putting further restrictions on the law.
The ordinance, signed by Mayor Steven Reed on September 6, requires anyone carrying a concealed firearm to also carry a photo ID, a restriction not currently contained in Alabama’s carry law. Reed contends that the law alleviating permit requirements for carrying a concealed firearm has hindered the ability of law enforcement officers to seize “illegal guns.”
Under the Montgomery ordinance, police can confiscate a concealed firearm if the gun holder is not carrying a photo ID. It further stipulates that the firearm would remain in police custody until the gun holder pays a fine and provides proof of purchase to the local precinct within 30 days.
“The permitless carry bill took away an important way for law enforcement officers to take illegal handguns,” Reed said during Friday’s bill signing ceremony. “What we hope this will do is maybe give us a little bit of movement back to being able to take some of those guns.”
Not everyone was thrilled with the new ordinance, however. One of the questions opponents have posed is exactly how officers are going to determine if a gun is “illegal.” And exactly what makes a gun “illegal” when being carried concealed in a constitutional carry state.
There is also the issue of Alabama’s firearms preemption law. And one person who says the Montgomery scheme violates that law just happens to be Alabama Attorney General Steve Marshall.
“The Montgomery City Council’s ordinance related to firearms violates state law,” a spokesperson for the AG’s office said in a statement. “The Code of Alabama plainly states that the Legislature is the sole regulator of firearms and related matters.”
In fact, the preemption law states: “The purpose of this section is to establish within the Legislature complete control over regulation and policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that such regulation and policy is applied uniformly throughout this state to each person subject to the state’s jurisdiction and to ensure protection of the right to keep and bear arms recognized by the Constitutions of the State of Alabama and the United States.”
It’s likely that the state will choose to sue Reed and Montgomery over the ordinance sometime soon. We’ll keep an ear to the ground and update TTAG readers should that happen or if other action is taken concerning the ordinance.
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