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.
It’s already the law in Alabama that all individuals must carry either a drivers license or state ID. Both of which have a photo and present it when asked to identify themselves by law enforcement during an investigation. So this is little more than political grandstanding. Yes, it will be challenged in court and will be overturned do to Alabama’s strong firearms preemption statute. Next
Kabuki Theater from their black Dem. mayor
turdinthealley…no white mayor would ever do that.
But Democrats keep telling me black people can’t get ID.
Between the lines – Montgomery has large # of black folk running around with stolen firearms on them/
The same can be said of Chiraq, Killidelphia, and any number of cities where those in charge aren’t willing to actually fix the problem, but rather preach from the pulpit of politics the same old worn out sermon about how they will deal with the problem. With the same old results.
darkie…you and your pals can get off your white behinds and go into the inner cities and fix the demoCrap with your bigotry…hop to it.
13%
It’s not bigotry to acknowledge with what group the problem primarily lays…
(That being said, MOST of the 13% problem is a result of DIRECT government meddling. Reference the infamous LBJ quote. “We’ll have those… “)
‘Nuff said.
Facts are facts even if you don’t like them so suck it up and get over yourself.
I guess you’ve never been to Chicago. There was a guy there named Daley, Richard J., aka Da Boss. He outlawed possession of concealed firearms for everyone in City limits. He was Irish.
… oh yeah, Mayor Daley back in the 60s and 70s, before shall issue was even a thing. I seem to recall he had a bit of a problem with the DNC convention and the MLK riots; good thing he had “connections” with the Kennedy crime cartel to help thwart the removal of his fat ass from office, huh. He certainly had a way with words though – ” The police isn’t there to create disorder, the police is there to preserve disorder.”
Unless things have changed quite recently in Alabama, this is not correct. There is no law requiring ever individual to carry ID at all times. There is a “Stop and Identify” law, that allows officers who have reasonable suspicion of a crime to stop someone and demand their name, address, and an explanation of their actions. But there is no requirement to produce physical ID.
AH another sacrifice on the alter of “Rain making for Trail Lawyers”
We truly need a federal law that states if a government makes a law that is ruled unconstitutional the legal payments for the case will be paid for by the Legislators who supported the law. Imagine the Mayor and city council saying “WHAAAAT? Legal fees were 2.8 Million? OH My god.
Natural Consequences work every time
Exactly! Make it hurt financially civilly and criminally. These consequences should be so perilous that anyone with the tyrant gene will look elsewhere to satiate their sickness!!
Qualified Immunity. nuff said.
Qualified immunity can not be used as a defense in this matter. The tyrant mayor violated “clearly established statutory or constitutional rights”.
If he arrest anyone, it is a violation of civil rights under the color of law.. The state law says it is 100% illegal what he is doing.. If they take a gun for ransom, then that is the first degree..
I own thousands of firearms and other than some of them having a tax stamp I don’t have proof of purchase for any of them.
Plus there are plenty of people who inherited guns, and they don’t have proof of purchase either.
Here as well. Most of my firearms are over 20 years old and after a couple of divorces and a few cross-country moves and downsizing to live a mobile lifestyle I have lost track of a lot of the mountains of paperwork I used to hoard. All of the gun shops that I bought them from have closed in the meantime so the cops can go ask the AFT for the paperwork if they care that much. I have never had to prove ownership of a chainsaw or other power tools -many of which are just as valuable and every bit as dangerous as a firearm. Innocent until proven guilty used to be the law of the land. If they think my property is stolen then the state has the burden of PROVING it is stolen with due process in a court of law.
So if I carry 1 of my older sidearms and have business in Montgomery I have to be able to dig up a 50 yr. old bill of sale that may or may not exist? My usual CC weapon was purchased in the early 1980’s. Considering several moves and a divorce in the interim, I doubt I still have the receipt from the gun show dealer.
Of course the mayor’s new rules are contrary to state statute.
Why are all these pro disarmament politicians from the crime ridden Dementiacrat controlled cities? Perhaps if they demanded their police depts. and prosecutors and others involved in the courts/justice systems hold the violent felons accountable instead of making excuses for unacceptable behavior, perhaps they would be able to help solve the problems. Just as if these same politicians demanded the school systems educate instead of indoctrinate their residents might actually be employable and not have to resort to criminal activities.
100%
I actually looked for the paperwork for my matched set of carry guns that I bought around Y2K and came up with nothing. Lost in a move or a divorce I suppose. I’m sure the ATF has the original forms in their storage trailers since the shops involved have since gone out of business
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