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A county sheriff in Alabama is pushing for legislation to amend the state’s constitutional, or “permitless,” carry law as it applies to young adults under the age of 21.

According to a report at al.com, Mobile County Sheriff Paul Burch is gathering information to try to get legislation introduced requiring a permit for 18- to 20-year-olds. The state passed constitutional carry legislation in 2022, making it the 25th state where lawful adults can practice their Second Amendment rights with no government red tape or fees.

According to the news site, Burch apparently thinks an uptick in armed violence among youth in his county is at least partially attributable to the constitutional carry law. And he even admits that criminals manage to get gun despite existing laws.

“I agree with the argument that the people committing these crimes will get a gun regardless of what the law said,” Burch said. “But right now, we don’t have the ability to take it from them.”

It’s kind of hard to understand Burch’s point, since an 18- to 20-year-old who has a gun but is not a criminal or committing a crime should not have his or her firearm taken away in the first place. That’s what the Second Amendment guarantees—the right of the people to keep and bear arms.

Still, Burch is hopeful his idea will gain some traction in the Republican-majority legislature next session.

“Common sense comes along with this,” he told al.com. “But when you got a group of people riding around at 2 in the morning with multiple guns in the car, there is no good intention there.”

Never mind the fact that most hunters have at one time ridden around at 2 in the morning with multiple guns in their vehicle and had no nefarious intent. Additionally, Burch’s proposal simply doesn’t make sense because Americans, including Alabama citizens, are free to ride around at 2 in the morning with multiple guns in their vehicle if they aren’t committing a criminal act.

Obviously, if they are committing crimes with those guns, they should be arrested and prosecuted. But if they aren’t, it’s none of Burch’s or anybody else’s business where they are or what they’re doing.

Burch seems to want to be able to make some kind of preemptive strike so that if he finds an 18-, 19- or 20-year-old with a firearm he can take that gun from them. But multiple courts have ruled that those young adults have the same constitutional rights as those who are 21 and older, whether Burch likes that fact or not.

In the end, most Alabamans will be surprised if anything comes of Burch’s suggestion. Plus, the new executive director of the Alabama Sheriffs Association, Huey “Hoss” Mack, recently told al.com that sheriffs have accepted the law.

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21 COMMENTS

  1. I hate to admit it, but I see his point. Eighteen-year-old soldiers have to apply, be admitted, and go through Basic Training. All these kids have to do is be born.

    • “Eighteen-year-old soldiers have to apply, be admitted, and go through Basic Training. All these kids have to do is be born.”

      Individual states set themselves up for this, and they should pay the price. If a person aged 18 and over is declared an adult, then, as adult, they can do all the things an adult aged 45 can do. An adult is an adult, or isn’t. So far, no one has created laws that make one some sort of legally semi-adult.

      We went through this crap in the 1960s. Young people wanted to legally buy booze and vote, but had no interest in being held legally responsible for other actions, like contracts and personal expenses, and dumb decisions.

      18yr old military recruits are entering specialized trades, not exercising 2A rights. Those same recruits are eligible to exercise their 2A rights when off-duty, just like non-soldiers. The military recruits can simply not be recruited, and be allowed to exercise their 2A rights. The comparison between the two groups of 18yr olds doesn’t hold.

      • I don’t know how old you are, but I am glad you are not my parent or the arbiter of my Constitutional rights.

      • Sam,

        Totally agree (and I think the discussion of “what is an adult” is worth having), but . . . if you are an “adult” for one purpose, you should be an adult for ALL purposes.

        And I agree that noobs SHOULD get training before exercising their 2A rights . . . just like I think people should have to demonstrate that they are sentient, and somewhat aware of current events, in order to vote. I just simply don’t believe that MY preferences should necessarily be legislated into reality.

        A person who doesn’t get gun safety and gun handling (at least basic) training is a moron. But, then, so is a person who diligently goes out to vote every election, without bothering to have a basic understanding of current events (from multiple points of view). Unfortunately, I see no justification (other than practical) for depriving morons of their inherent rights. You have a RIGHT to be a moron, even if it is not a desirable outcome.

        I keep hoping Darwin is going to show up and thin the herd.

        • “…but . . . if you are an “adult” for one purpose, you should be an adult for ALL purposes. “

          My point precisely.

          I was put off by the comparison of recruits at 18, and non-recruits at 18.

          The sheriff wants there to be exceptions to being an adult at 18.

    • Steve Eisenberg You may see his point, but you are not seeing the Constitution.
      My sons carried as soon as they could legally in Missouri, 21 and later 19.

    • You have a point to make? Please make it. I owned firearms for 5 years, before I was old enough to join the military. I didn’t apply to the military for permission to have weapons, I joined the Navy for the purpose of serving my nation, and sometimes, that meant carrying a weapon. But, I was already carrying weapons. Can you understand that? Being a veteran doesn’t bestow the right to carry weapons. Being an American bestows that right.

      • I owned my first firearm at 9 years old. Yes owned, it was my responsibility to use safely, clean and be kept put away when not in use. I bought my first rifle at age 15 with my own $$$ at the local Western Auto store. It was a Marlin 336 30-30. I walked in told the owner what I wanted he took it off the rack behind the counter put it in the box, gave me a box of shells gratis and I purchased another. When properly raised by responsible parents who have a high expectation of proper behavior on your part. Age has title to do with being old enough. To do a lot of things.

    • This is always a stupid position.

      As if basic training is a panacea to the drive to murder people for drug territory, perceived dis-ra-spekt, street cred, to impress some chickenhead ho or just because you’re the type or moron who thinks feeding a bad check into an ATM then withdrawing the sum is a “life hack” and not a crime.

      Waking up early, marching a lot and scoring Marksman is not in any way applicable to willful and deliberate criminal use of a firearm.

      If what people making this argument really mean is that shipping away troubled and fatherless kids to have some form of self-worth beaten into them for 16 weeks may reduce their urge to act like criminal shitbags then maybe I can get on board but simply saying “muh basic training” as a solution to criminal firearm use is too shallow to be meaningful and the number of 18-21 year olds who do not go out and commit criminal acts with firearms is evidence enough of this.

  2. I have riden around in a car at 2am while armed more times than I can count. Maybe they should pass a law that prevents his deputies who work 3rd shift from carrying firearms in their patrol vehicle or on their person in the interest of public safety because that’s exactly what he’s wanting to do to the citizenry

  3. Point missed-
    These young men were riding around with guns before the law was passed and will do so after the law he proposes is passed. Makes no difference.

  4. According to the news site, Burch apparently thinks an uptick in armed violence among youth in his county is at least partially attributable to the constitutional carry law. And he even admits that criminals manage to get gun despite existing laws.

    Technically speaking, he’s probably correct for some minor percentage of people. Not that the law *caused* them to do this but that the previous instantiations of many of these laws allowed cops to relieve *sketchy* people of a gun for somewhat nebulous reasons that were in the eye of the beholding LEO.

    That’s a sword that cuts both ways. A 20 year old who’s up to no good may lose a gun but so does the 20 year old who isn’t up to no good and just works late. In the former case, a violent crime may be prevented to delayed and in the latter a victim may be minted. Hard to know until after the fact.

    The real question here, IMHO, is how much leeway you want to give LE to make judgement calls about things like this. Again, it can go both ways. Good LEOs will generally make good calls while the rules can also be used by bad LEOs to abuse the innocent.

    My default answer to this question is “When it comes to citizen’s rights the answer is ZERO leeway to the LE because it WILL be abused by someone”.

    Freedom comes with certain hazards but the hazards imposed by tyranny are nearly always worse by orders of magnitude.

  5. All I read was Mobile county has a Sheriff they need to vote out of office either you’re an adult at 18 or you’re not. TN had to concede that 18 to 20 year olds being excluded from permitless carry was illegal.

  6. Hes wanting a way to take the firearms of “kids driving around at 2am with a car full of them”. He says it should be applied with common sense, as in not giving good guys any trouble. He even names some examples. For what its worth.

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