Alabama gun bill

[41]

A bill just passed the senate that has some improvements to our gun laws in it. I think that having to have a permit to carry a gun in your vehicle is stupid, but its a step in the right direction. It also makes it illegal for an employer to tell you that you can't have a firearm in your car in the parking lot, extends CHL's to 5 years instead of 1, extends castle doctrine to businesses, and reiterates that open carry is legal in the state.


http://blog.al.com/wire/2013/04/alabama_senate_passes_bill_all_1.html#incart_m-rpt-2

 

[mdauben]

I think that having to have a permit to carry a gun in your vehicle is stupid, but its a step in the right direction.

That's stupid! The bill as originally submitted was supposed to remove the requirement to have a permit to transport a gun. I guess AL has its share of idiot legislators, too.

What about the change from may to shall issue? What about the change from 1-year CC permits to multi-year CC permits? The article doesn't seem to say anything about those elements of the original bill.

 

[DeepSouth]

The NRA email I got

Alabama: Omnibus Firearms Bill Sails Through the Senate

Yesterday, NRA-supported Senate Bill 286 was debated on the Senate floor for a few hours. After consideration and votes on multiple amendments, this omnibus pro-gun legislation passed with overwhelming support by a 28 to 5 vote. This pro-gun legislation will now go to the state House of Representatives where it may face some challenges. Now is the time to contact your state Representative and urge him or her to support this important legislation.

The NRA thanks the sponsors of SB 286, state senators Scott Beason (R-17) and Roger Bedford (D-6), for their hard and successful work on this bill. The NRA also thanks the state senators who voted in support of this pro-Second Amendment measure. While this legislation made it through the Senate, there is much work to be done in the state House. It is critical that you make your voice heard! Please contact your state Representative and ask him or her to support SB 286. Contact information for your state legislator can be found here.

SB 286 seeks to restore and protect the rights of law-abiding gun owners and sportsmen 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.
Creates a “car carry permit” that will be free of charge and good for life. Currently, in order to transport a handgun in a vehicle, one must be in possession of a pistol permit.
Shifts the current “May Issue” concealed carry permit system to a “Shall Issue” permit system and requires that a sheriff must issue or deny 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 appeals panel.
A permit to carry a concealed pistol shall be good for one to five years (to be decided by the applicant 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.
Extends the current Castle Doctrine to include places of business to ensure the right of self-defense does not end when you enter your business.

 

[mdauben]

Looking at the text of the final Bill, it could be better but I think its still a win overall. I still maintain the "car permit" is a stupid idea and nothing but wasteful and meaningless paperwork for the state and the residents. The "shall issue" change is good, but the time period for one to five years "to be decided by the applicant seeking the carry permit" has me scratching my head. Why would anyone opt for anything but five years???

 

[DeepSouth]

Most of this has been proposed and shot down in the last few years. It's only now that the NRA has got behind it and now it lookslike a good possibility of it passing all the way. I think I'll send them an apperation letter with a bonus check.

We have them to thank for this, I also agree the car permit seems kind of... Silly. But I suppose it's better than what we have now.






Excuse spelling posted via iPhone.

 

[docnyt]

Hey progress is progress. Hopefully we can sneak in open carry down the road (not that I want to open carry). The car permit thing does seem stupid at first but it will at least decriminalize those without a pistol permit who bring a firearm to work. Shall issue is another step in the right direction.

 

[mdauben]

Hopefully we can sneak in open carry down the road (not that I want to open carry).

I thought open carry was already legal in AL? According to the article:

"[Senator] Beason said the bill would also clarify what he said is the spirit of current Alabama law as an "open carry" state. "From the very start I've said all this bill is really setting out to do was to clarify what was already in practice," Beason said."

I have certainly seen people open carrying in AL who were not wearing LEO uniforms. Looking at the email I got from NRA-ILA about this news, it doesn't say anything about open carry, though.

 

[RIsom]

Open carry is legal already based on the fact that there are no laws against it, but this bill specifically mentions it as being legal and states that openly carrying a holsterered firearm does not constitute disorderly conduct. DC is the "catch-all" that is occasionally used to arrest an OC'er when an officer doesn't like OC.

 

[mdauben]

Open carry is legal already based on the fact that there are no laws against it, but this bill specifically mentions it as being legal and states that openly carrying a holsterered firearm does not constitute disorderly conduct. DC is the "catch-all" that is occasionally used to arrest an OC'er when an officer doesn't like OC.

That's good, then. I have not read the actual bill, just the two news articles. I'm not really interested in OC either, but I like the fact that its legal, so I don't need to worry about accidently "flashing" when I bend over or the wind blows my cover garment up. I have heard of people getting harrassed or even arrested for that in some states.

Another thing in that article linked in the first post puzzles me:

-- Allows owners of property open to the public to post adequate notice prohibiting firearms and have violators, including licensed carriers, arrested for trespassing if the individual refuses to leave when asked in the presence of a law enforcement agent.

I thought this was already the case? "No Gun" signs in AL don't have the force of law, so all they can do now is ask you to leave and call the cops if you don't. What changed?

 

[docnyt]

As far as open carry being legal - yeah the only official document we have is an ancient attorney general statement that does not state it is illegal. Nothing specifically states it is legal thus far. I do appreciate living here and how most representatives and most folk in general are either pro-gun or at least neutral.

 

[orionengnr]

Great job Alabama--keep it up and I may have to retire there.
I have an old friend just a bit up the road from Gulf Shores and visit when I can. It's definitely on my top 10 list of retirement states, and looking better all the time.

Best regards from your neighbor three states west...you know, the state that is farther south than any other. (Bet y'all hate it when someone says that. All the love. )

Honestly, I'm just a bit envious--we still can't get Open Carry. Or Campus Carry. And I can't walk into the local Sheriff's office and walk out ten minutes later with a carry permit, as Bob does. And IIRC, it is only $10 a year--is that still true? Ours recently went from 4 years to 5, but is still about $140 for the state plus a mandatory training class that is "market-priced".
And we won't even talk about college football.

Press on, Alabama brethren.

 

[DeepSouth]

What about the change from 1-year CC permits to multi-year CC permits? The article doesn't seem to say anything about those elements of the original bill.

Just thought of something. What is this new ccp going to cost.
They may be doing it on a yearly basis, which would explain the ability to only do 1 year. Say if its 50$ a year a lot of people would rather come up 50$ instead of 250$. Hope permit prices aren't about to double.

Don't know this to be the case but it is the only logical reason for the optional length.

If any one actually knows what their talking about (unlike me lol) please do tell.

 

[41]

Right now each sherrif sets his own price so I guess that it will still be up to them on how much to charge

 

[zdc1775]

The article I was reading yesterday set the max price as $50 for five years. Will try to find it.

ETA: Well I was kind of right. This article says that the five year is 50 and existing fees would be grandfathered in.

http://www.annistonstar.com/view/fu...bill-passes-Alabama-Senate?instance=home_news

 

[JERRY]

believe it or not Alabama is a may issue state, yet far more gun friendly than some shall issue states.......

 

[docnyt]

I wish there was a lifetime option. Does anyone willingly give up a CC permit anyway?

 

[DeepSouth]

The article I was reading yesterday set the max price as $50 for five years. Will try to find it.

ETA: Well I was kind of right. This article says that the five year is 50 and existing fees would be grandfathered in.

http://www.annistonstar.com/view/ful...ance=home_news

Thanks for that. Sounds good.

 

[docnyt]

Just wanted to update the thread. NRA-ILA sent an email with convenient contact information.

"While a hearing has not been scheduled for Senate Bill 286, please contact members of the House Commerce and Small Business Committee and respectfully urge them to support SB 286."

House Commerce and Small Business Committee:

Representative Jack Williams (Chairman)
(205) 682-8019
[email protected]

Representative Barry Moore (Vice-Chairman)
(334) 393-4264
[email protected]

Representative Craig Ford (Ranking Minority Member)
(256) 413-7611

Representative Richard Baughn
(800) 877-7634
[email protected]

Representative Mack Butler
(334) 242-7446
[email protected]

Representative David Colston
(334) 242-7535
[email protected]

Representative Kurt Wallace
(334) 242-7772
[email protected]

Representative April Weaver
(205) 620-6610

Representative Pebblin Warren
(334) 242-7734
[email protected]

 

[RetiredUSNChief]

Good.

Soon Alabama will be added to the list which accepts my SC permit.

 

[JERRY]

Good.

Soon Alabama will be added to the list which accepts my SC permit.

yet SC is real chinsy on who they honor....?

 

[RetiredUSNChief]

yet SC is real chinsy on who they honor....?

Apparently so.

I'm sure there are some politics in the process, but it would appear that any given state in general accepts the permits of other states that have similar requirements (or requirements that exceed their own) to obtain concealed carry permits.

For example, my home state of Indiana accepts my South Carolina CWP. However, South Carolina does not accept Indiana's. To get a permit in Indiana, it's pretty much a paperwork shuffle. South Carolina, however, requires an 8 hour CWP course as well.

I'm sure there are exceptions to this that don't make much sense, but that seems to be the trend in the examples I've researched on this subject.

Some info on this here:

http://en.wikipedia.org/wiki/Concealed_carry_in_the_United_States#Reciprocity



However, it's also worth noting the laws concerning concealed carry as well as reciprocity have evolved quite a bit in the last few decades...and for the better.

 

[LAL357]

i can understand the car carry permit at my work they wont let you have a gun in your car we do it any since most like myself have a cc permit. with this new permit all they could do is not let us park in thier lot. i now take home a company truck so i can have one in the thier vehicle. i think most of thier thinking was from a old supervisor we had that was so worried about his guns getting stolen while at work he kept them all in his truck.
50 for 5 years sounds good right now i pay 20 a year in elmore county they are really quick about renewals this year i mailed them my card with a check and got my permit in the mail the next week.

 

[Bhamrichard]

i can understand the car carry permit at my work they wont let you have a gun in your car we do it any since most like myself have a cc permit. with this new permit all they could do is not let us park in thier lot.

No you misunderstand.. The car carry permit is for those that don't specifically have a Concealed Carry permit, and nothing more. One other facet of the law would prevent your employer saying that you could not have a firearm, locked, and not visible, in your vehicle on there property.

 

[velojym]

Fortunately for me, my employer (an IT/managed services/internet service provider) has a "guns welcome" sign on the wall behind the owner's desk. On slow days, we'll sit in the conference room and talk guns.
As for there not being any law *against* open carry... I figure, in a supposedly "free" country, everything's legal unless it's specifically banned. It's in the worst tyrannical places that the opposite becomes true, then, of course, you run into the old rule that if something ain't mandatory, then it's illegal.
I'm not saying that calling something "law" makes it right... far from it. Most laws are, at best, unjust. However, little things such as this do tend to swing things back into the right general direction, if only a bit.
I haven't run into any problems keeping my Bama permit up, but it'd be nice if I didn't have to do it every year.

 

[LAL357]

no i understood it i was just saying myself and some other co-workers already have our cc permits so we carried them in our car/truck anyway. my company doesnt care if you have a cc or not they dont want any of us to have a gun in our car parked on thier property. with this new law that is hopefully going to pass and get signed if someone who doesnt have a cc (why they dont wont have one already) can go this route and get a ar carry permit.