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Alabama concealed carry reform- contact the Legislature!

Discussion in 'Legal' started by BTR, Feb 17, 2013.

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  1. BTR

    BTR Member

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    There is package of good gun law changes that the NRA is trying to get passed in the state:
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    Senate Bill 129 and House Bill 55

    No employer may prohibit the otherwise lawful possession, transportation or storage of firearms or ammunition that is kept out of sight within the locked or attended private means of conveyance of an invitee who is otherwise permitted to operate or park the conveyance on the property.

    Removes the requirement to obtain a pistol permit to carry a pistol in a vehicle.

    Shifts the current “May Issue” concealed carry permitting system to a “Shall Issue” permitting system and requires that a sheriff must issue the permit within thirty days as long as the person applying for the permit is not prohibited by federal law.

    The permit to carry a concealed pistol shall be good for one to five years (decided by the person seeking the permit to carry).

    States that sheriffs shall use the National Instant Criminal Background Check System (NICS) to run a background check on a concealed pistol permit applicant.

    Allows for all other valid state-issued permits to carry a concealed firearm to be recognized in Alabama.

    Strengthens Alabama’s current firearms preemption by giving the state 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 the state.

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    Please write your Representatives and Senators NOW about it.

    Find their contact info here:
    Contact info by zip code


    Letter I wrote:


    Dear XXXXX,

    As a resident of Alabama, I wanted to urge you to support House Bill 55 / Senate Bill 129. Alabama's gun laws are in need of reform. They are still tainted by the racist ideas of long ago.

    Among the problems the bill addresses:

    Carrying guns for protection is a right protected by the Alabama state constitution. However, current law allows a Sherriff to deny any person of a concealed carry permit for ANY reason whatsoever! In the past this enabled racist Sherriffs to deny carry permits to black Alabamians, including Martin Luther King. Today, it is still just as open for abuse by Sherriffs as it ever was. Sherriffs may also create any irrational restrictions on permits they want, with no oversight.

    It is totally illegal for a person to transport a pistol, even one unloaded and locked up, to a pistol range, unless the person has a pistol carry permit. This makes no sense; the law is undoubtedly violated hundreds of times a day in the state by innocent people who have no idea it is actually illegal to lock an unloaded pistol in your trunk and take it to a shooting range without state permission.

    Our pistol permits are only good for one year. This is a completely pointless administrative burden for everyone.

    Employers can fire us if we keep a pistol locked in our cars in a company parking lot. Even though I have a permit, I can't carry on my long drive to work because of this. It's none of our employers business if we want to keep a pistol in our car, any more than it is there business if we want to keep a Bible in our car.

    Please vote for this bill in the same form the NRA is requesting. Please let me know your position on this bill.

    Sincerely,

    BTR
     
  2. G'dale Mike

    G'dale Mike Member

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    Thanks, excellent post, as I'm in Al also.
     
  3. P.B.Walsh

    P.B.Walsh Member

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    Great stuff, I will be writing both of mine after church!

    Did not know the trips to the range with an unloaded pistol was illegal!
     
  4. Bhamrichard

    Bhamrichard Member

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    Been monitoring this one since it came up, currently it's in committee. I've already contacted all of my representatives, and those of the committee. I'm hopeful this one won't be killed prior to reaching the floor for a vote.

    http://www.legiscan.com/AL/bill/SB129

    There are also others that have been introduced in Alabama, though none offer such sweeping changes. Those are:

    http://legiscan.com/AL/bill/HB8 Requires strict scrutiny for certain denials of rights
    http://legiscan.com/AL/bill/SB24 Firearms in motor vehicles on employer property

    SB129 is the most interesting, as it contains provisions that are inclusive of HB8 and SB24.

    Hmm, SB165 is one that I wasn't aware of, just popped up in an Alison search.
    http://legiscan.com/AL/bill/SB165 Use of deadly force authorized on a business premise by employee/owner... more to it
     
    Last edited: Feb 17, 2013
  5. Stress_Test

    Stress_Test Member

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    Good stuff, keep us posted.

    Thanks
     
  6. Tommygunn

    Tommygunn Member

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    Message sent!
     
  7. BTR

    BTR Member

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    I got a message back from my senator.

    He said it sounded good, except for the parking lot provision.

    He was afraid of violating the rights of the property owners.

    How should I respond?
     
  8. Walkalong

    Walkalong Moderator

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    Good news. Lets put the pressure on. Crossed fingers here.
     
  9. razorback2003

    razorback2003 Member

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    Make sure someone doesn't slip in one of those bills making it illegal to carry at a school with your license, since that is legal in AL.

    You guys have it pretty good down there.
     
  10. miller.lyte

    miller.lyte Member

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    Carry with license only at K-12 schools, right? Thought I read somewhere it doesn't apply to universities. Right?
     
  11. Stress_Test

    Stress_Test Member

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    I'd say if they have to give up that one part in order to pass the others, that's still a victory. I wouldn't want one issue to torpedo all the other benefits. Just my opinion.
     
  12. TenDriver

    TenDriver Member

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    That was partially attempted before. I say "partially" as the sponsoring representative dropped the idea when he began receiving a lot of feedback on the issue. I was one of many who called him out about the idea. I had to eat crow about him since he called many people that wrote to him and listened to what they had to say, then went on a local radio show to announce that he was dropping the measure and didn't see the need in it. I was impressed.

    I don't know how it is in other counties in AL, but the "may issue" might as well be "shall issue" for all intents and purposes. The Madison County Sheriff was on the radio talking about this topic the other day. He is against shall issue because he is concerned he will be required to issue permits to those who have come in frequent negative contact with his department (read - criminal in the making) and doesn't want to be forced to issue a permit to someone who is on their radar. I can see his point. Given that if you apply for a permit, you will get it as long as you're not on his radar, I don't have a problem with him using his discretion. He has shown he doesn't abuse it.

    Maybe the same can't be said for other counties, but the system isn't broke up here at the present time. My only desire for change in AL is for open carry language to be spelled out one way or another. Ambiguity has caused arrest.
     
  13. jerryv

    jerryv Member

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    I think part of the problem with the Al. law now is that the sheriff can issue or not issue to any they choose. they can interpet the law and inforce it almost any way they want. they can put their own restrections on a permit.

    I think it was posetd that the limestone county sheriff has made the statement that if there was a call of a man with a gun that he would pull the persons carry permit and the person would not get it back. even though the person was open carrying legal and not causing any problem.

    I hope the part in the bill that forbids the sheriff, police chief, mayor or any other local official from making their own rules and regulations about guns, becomes law.
    The sheriffs are lining up against this part because it will demenish their ability to apply their personal gun control power.
     
  14. BTR

    BTR Member

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    The potential for abuse with "may issue" is huge!

    It doesn't matter if a sherriff applies it "fairly"- that might not always be the case...

    Martin Luther King Jr. was denied a carry permit before his murder... I wonder why? :rolleyes:
     
  15. xm1

    xm1 Member

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    Does anyone know if you can carry openly a pistol with a permit at your workplace in Alabama?
    Thanks
     
  16. xm1

    xm1 Member

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    Thanks!
    So it's not against the law? Anyone know for sure?
     
  17. xm1

    xm1 Member

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    Thanks!! Apreciate it.
     
  18. Bhamrichard

    Bhamrichard Member

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    SB129 has been consolidated as SB286, and submitted to the Judiciary committee.. SB286 was PASSED by a 7-1 vote.. It will now be scheduled for a vote on the Senate floor at some point in the future.

    Alabama Omnibus Firearms Reform Bill http://nraila.org/legislation/state-legislation/2013/3/alabama-omnibus-firearms-reform-bill-passes-senate-committee.aspx

    SB 286 seeks to restore and protect the rights of law-abiding gun owners in Alabama by addressing the following issues:

    No employer may prohibit the otherwise lawful possession, transportation or storage of firearms or ammunition that is kept out of sight within a locked or attended private vehicle of an invitee who is otherwise permitted to operate or park that vehicle on the property. This would allow employees to carry a firearm during their commute to and from work.

    Repeals the requirement to obtain a pistol permit in order to carry a pistol in a vehicle. (Note: this would not allow for the concealed carry in a vehicle unless a valid pistol permit is possessed.)

    Shifts the current “May Issue” concealed carry permit system to a “Shall Issue” permit system and requires that a sheriff must issue the carry permit within thirty days. Should someone be denied a permit, a written denial must be provided and that applicant would have an opportunity to appear before an appeal panel.

    A permit to carry a concealed pistol shall be good for one to five years (to be decided by the person seeking the carry permit).

    Requires sheriffs to use the National Instant Criminal Background Check System (NICS) to conduct a background check on concealed pistol permit applicants.

    Allows for all other valid state-issued permits to carry a concealed firearm to be recognized in Alabama.

    Strengthens Alabama’s firearms preemption statute by reserving for the state legislature complete control over regulation and policy relating to firearms, ammunition and firearm accessories in order to ensure that such regulation is applied uniformly throughout the state.


    Contact your Reps and lets get this puppy passed!
     
    Last edited: Mar 5, 2013
  19. Feanaro

    Feanaro Member

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    Shot off a letter to my Senator and put out plea for friends and family to do the same.
     
  20. hermannr

    hermannr Member

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    BTR: Answer the parking lot response with..well, my vehicle is MY private property is it not?
     
  21. mdauben

    mdauben Member

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    Done! We already have it pretty good in AL, but I think this bill will provide for some welcome improvements in our laws.
     
  22. AlbertH

    AlbertH member

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    So basically the Sheriff wants the right to profile...and thus be allowed to pick and choose whether a person has the very same 2nd amendment rights some say are already Infringed? It sure sounds like this Sheriff only believes in the 2nd amendment some of the time and you are ok with this??
     
  23. TenDriver

    TenDriver Member

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    No being able to profile is why you have to go through a goat rope to ride on the airlines. The Sheriff in Madison County has demonstrated his his trustworthiness on the subject. In his case, and his case only (I don't know enough about other Sheriffs in the state, or who may replace our Sheriff should he lose his next election, to make a blanket statement), I don't have a problem with him being permitted to use his discretion. The only possible "infringement" he can apply under state law is barring you from carrying in a vehicle or carrying concealed. Refusal to issue a permit does not bar you from owning a pistol. It does restrict what you can do with it.

    Slippery slope I readily admit, but if you were the Sheriff charged with issuing carry permits and a man whom your deputies had responded to numerous calls (think that crazy SOB who killed the bus driver and kidnapped the kid near Dothan) applied for a permit, would you want a law forcing you to issue that permit? Bottom line, in Madison County, you apply for a permit and you get said permit. We have a state that with few exceptions believes strongly in the Bill of Rights. We're by no means immune to future attacks on our rights, but we're not Illinois either.
     
  24. Bhamrichard

    Bhamrichard Member

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    Last edited: Mar 27, 2013
  25. jimmyraythomason

    jimmyraythomason Member

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