One last time Alabamaians.....

[TanklessPro]

Senate bill 268 is going through one more round.....
This is from the NRA email I received today.

"Alabama: State House to Consider Critical Omnibus Firearms Bill This Monday
Contact your state Representative TODAY and urge him or her to support Senate Bill 286

After the Alabama Senate and House of Representatives approved competing versions of Senate Bill 286, this critical pro-gun reform was sent to a conference committee to finalize its language. Last week, the state Senate approved the conference committee report for SB 286 by a 25-5 vote. This Monday, May 20, the state House will consider this conference committee report. Thus, it is important that you contact your state Representative NOW and urge him or her to vote to accept the conference committee report for SB 286. The state House is the last hurdle before Senate Bill 286 can be sent to Governor Robert Bentley (R) for his signature.

While not perfect, SB 286 is an important step in the right direction for the law-abiding gun owners in Alabama and residents of other states traveling to and through Alabama. Sponsored by state Senators Scott Beason (R-17) and Roger Bedford (D-6) and state Representative Ed Henry (R-9), SB 286 will continue to restore and protect the rights of responsible gun owners and sportsmen in Alabama by reforming the state gun laws in the following ways:
Allows those who possess a valid Alabama pistol permit to keep firearms stored in their vehicle while at work, as well as allowing those who possess a valid Alabama hunting license to store an unloaded rifle or shotgun in their vehicle while at work.
Allows transportation of a handgun in a vehicle without an Alabama pistol permit as long as the handgun is unloaded, locked in a container and out of reach of the driver or passenger.
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 appeal the denial.
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."



Contact your reps one more time for a vote on monday the 20th.

 

[P.B.Walsh]

Roll Tide.

 

[WillAdams]

1st time post, (was member long time back but forgot info) anyway the Right side of the state has to chime in on this and have contacted both Rep & Senator. WDE !!

 

[Ryanxia]

Spread the news at your local gunshops, Cabellas, local Craigslist, etc.
Encourage friends and family to contact their reps, give them the contact info up front if you can.

Keep up the good fight!

 

[CountryUgly]

SB286 has been pillaged by the NRA and the Alabama Sheriff's Association! In it's amended version that has passed the state Senate and is going up for vote before state Congressional members now includes restrictions on places that Alabamians currently have the Right to carry! The NRA traded away Rights to knock off the "workplace parking lot carry" and "shall issue" from their agenda's punch list! Also the "shall issue" is not truly that. There is language in that bill that still gives discretion to the Sheriff to deny permits based on his personal judgement! Not to mention it gives the ASA (an NPO) a say in determining how permits are issued. Yes there are some good things that were left in the bill from it's original version but thanks to the NRA Negotiating our Rights Away AL will have more Rights taken away than privileges gained! There are a couple of so called "gun rights" groups that have shown public support for this bill but don't be fooled. They are fueled by their greed for attention and some of their members stand to gain financially if this bill passes because they want a segregation among gun owners by way of a "standard permit" and a so called "super permit" which would require specialized and expensive training classes to regain Rights AL citizens already have! Beware folks this bill (the revised version of SB286) and the folks behind it have ulterior motives driven by money!!!! In it's original form SB286 was a fine bill that would have truly expanded the rights of Alabamians but as it is now it flatly does no such and needs to die on the congressional floor!

 

[JERRY]

already had the right to transport an unloaded gun locked up and stored away, so thats nothing gained.

in the rest of the bill it now prohibits ccw (a loss) from sporting arenas where it once was not prohibited by the state.

unlike other may issue states, Alabama sheriffs issue like shall issue, even the commie ones in b'ham and so forth.

this bill has a lot of fluff not needed in a true pro gun rights state and then takes a few things away.

im not seeing the additional freedoms with this law.

this bill is crapola, and adds nothing for us but does take away from us.

this needs to be voted down.

 

[CountryUgly]

already had the right to transport an unloaded gun locked up and stored away, so thats nothing gained.

in the rest of the bill it now prohibits ccw (a loss) from sporting arenas where it once was not prohibited by the state.

unlike other may issue states, Alabama sheriffs issue like shall issue, even the commie ones in b'ham and so forth.

this bill has a lot of fluff not needed in a true pro gun rights state and then takes a few things away.

im not seeing the additional freedoms with this law.

this bill is crapola, and adds nothing for us but does take away from us.

this needs to be voted down.

Exactly Correct!!!

 

[jimmyraythomason]

already had the right to transport an unloaded gun locked up and stored away, so thats nothing gained.

A permit has been required to carry a handgun in a vehicle for many years whether locked up,loaded or unloaded does not make any difference. The ONLY exceptions were transporting to home after original purchase or when moving into a new residence,to repair shop for repair or upgrade or to a business that you own(Code of Alabama - Title 13A: Criminal Code - Section 13A-11-74). FOPA covers transport through the state. No law against long guns in a vehicle locked up or not,loaded or not(except certain WMAs or other state owned properties).

 

[Bhamrichard]

already had the right to transport an unloaded gun locked up and stored away, so thats nothing gained

No, you didn't. There are currently exceptions for transporting a handgun, from place of purchase, etc etc.. but otherwise, without a pistol permit, it is currently completely illegal in Alabama to have a handgun in your vehicle, if you do not have a permit.

 

[JERRY]

regarding the transport in a car without a permit if the gun is unloaded and locked away...i just dont see this as a benefit when a ccw costs $20.00 a year.

losing a place where ccw was not previously prohibited is a clear loss.

what we lose in all practicle sense far outweights what the precieved gains are.

 

[CountryUgly]

First off... Vehicle carry was really a non issue, The ASA just want the money. theycould really care less if you have a pistol or a gun period in the car (hence the reason only handguns have any restrictions in the car. They can make you buy a permit for that and get away with it, try that with a rifle/shotgun in a hunting state and the people will revolt)... Besides the LE could never "prove" if you were coming or going from the allowed places so as it is as long as you had it unloaded and out of reach they didn't arrest you anyhow (the new law just changes the language to suit what is already a matter of practice).... Secondly the real issue with the bill is nothing has really changed except a little language clarity on some issues and oh the fact we lose current Rights!!!! Then there is that thing that gives a "Non-Profit Organization" (see ASA) the ability to decide how our state is governed!!!!!

 

[TanklessPro]

If this bill passes, specifically what rights would we be losing?
Also a reference please.

 

[JERRY]

WE are losing the right to carry concealed in a sporting arena which is not an outdoor venue. read the bill for the source.

 

[TanklessPro]

I read the entire bill here.
http://alisondb.legislature.state.al.us/acas/ACASLoginIpad.asp
You mean this part......

"(5) Inside any facility hosting an athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education, unless the person has a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85.

(6) Inside any facility hosting a professional athletic event not related to or involving firearms, unless the person has a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85."

Section 13a-11-75 is the section about guidelines for receiving a concealed carry permit. So if this is section you are talking about, I read this is you can't carry unless you have a CCP. So am I reading this Bill wrong?

 

[JERRY]

ok, i must have misread that. i didnt see the part of the exception for ccw permit holders.

 

[TanklessPro]

Jerry, I agree it could be better but it is better than what we have now.

 

[Doc Savage]

OK, I've been behind this, but finally found a copy of the conference committee version and read it. I may have missed it in the first version, or I may be misreading it, but on page 37 it looks like we lose premptation. Cities are free to override any state firearms law.

Section 9. Section 11-45-1.1, Code of Alabama 1975, relating to the authority of a municipality to enact ordinances relating to handguns, is repealed. Section 13A-11-52, Code of Alabama 1975, relating to the carrying of a pistol on the property of another, is repealed.

Am I missing something? I'm about to write the Governor to veto this bill if this is the case. Repealing Section 11-45-1.1, Code of Alabama 1975 means any city can simply overide the parking lot/open carry language of this bill.

 

[jgh4445]

The 2A is plain enough! "SHALL NOT BE INFRINGED! Period! Don't need no stinkin bill or vote!

 

[RIsom]

Doc, I think you may have an old version. The one that passed explicitly disallows any local firearm ordinances that are different than state law. '-52' is still present, but reworded to be a little less ambiguous. Not perfect, but a little better than what we had. Here is a link to what I believe is the one that was passed:

http://legiscan.com/AL/text/SB286

 

[Doc Savage]

RIsom,

Checked your link, Section 9 is still there just as I quoted it. It did move from end of page 37 to top of page 38 though. That one item is a deal breaker if you ask me.

 

[TanklessPro]

"(e) A concealed pistol permit license issued under this section shall be valid for the carrying of a pistol in a motor vehicle or concealed on the licensee’s person throughout the state, unless prohibited by this section.

Doc this is under the section about the issuance of the CCP. I think this covers the section that was struck out. What do ya'll think?

 

[Doc Savage]

I think someone who can diagram what sections apply where will need to figure it out. I deal with gov't specifications, but haven't had time to completely study this, and as big as it is with all the strikethroughs in it, it is hard to keep track of what is subordinant to what.

On the surface, it appears that Section 9 and (e) contradict each other. This means that it could be possible that it would require an expensive court battle to clear it up, and it would be possible that we would lose, depends on the judges.

Why was Section 9 in repealing Section 11-45-1.1, Code of Alabama 1975? There seems to be no purpose in it other than to give the antis a foothold.

 

[JERRY]

i say get rid of the bill altogether.

Alabama gun laws are some of the best in the nation and this bill is a clouded conglomeration of double talk........

 

[RIsom]

Hey Doc,

Check out Section 7, starting at the bottom of page 26. I'm not sure about the history or implications of Section 9, but Section 7 appears to reserve to the Legislature any ability to pass any laws pertaining to firearms, so that everyone is under the same laws throughout the state. That's my interpretation, but please correct me if I'm wrong.

 

[jrdolall]

Love our legal system. Why is it necessary to have a section dealing with professional sproting events in a closed stadium? How many professional teams play any sport in a closed arena in Alabama? Maybe an Arena League Football team? Maybe there's one in Birmingham or Mobile.
The more vague and complex the legislation the more I tend to dislike it. Of course I tend to distrust anything put together by lawyers.