Alabama has a new pistol permit law that went into effect on Jan. 1 allowing certain Alabamians to carry a concealed gun without a permit.
A couple of months before the change occurred, law enforcement agencies in the state were scrambling, working to get clarification on certain key points, saying there's a lot of contradicting information. One month into the new law, Mobile County Sheriff Paul Burch and Mobile Police Chief Paul Prine said this law is kind of frustrating, to say the least. Due to the confusion, the two of them held a press conference to share key information that people need to know, along with some other things that they're still trying to figure out, hoping legislators make some changes.
"I think there's two takeaways and we'll just go ahead and get to them. One, if you're stopped by a law enforcement officer and the officer asks if you have a weapon, you have a duty to declare to that officer that you have a weapon," Prine said.
The other part of Alabama's new pistol permit law that has Prine and Burch concerned is: do not touch that weapon if you're pulled over. If you do, there could be some serious consequences.
"It should be common sense, but someone felt the need to put it in the law and make it part of those violations," Burch said.
If you fail to tell officers you have a gun and/or touch that gun, it's a misdemeanor.
“Depending on which you rule you violate depends on which class misdemeanor you're going to be charged with," Burch said.
Burch said that makes no sense because it’s all violations of the same law. Other things people need to be aware of is bringing your gun to certain businesses and private properties. If there's a sign saying it's prohibited or you don't have the owner's permission on private property, you could be charged with trespassing and it could affect employment, according to the sheriff's office.
These are the people who can't have a firearm in Alabama:
- Domestic Violence Conviction
- “Unsound mind” – Authorities have found you are a danger because of a mental illness.
- Minor (21) with exceptions for active or retired military
- Convicted Felon
Active or retired military personnel, along with law enforcement folks can receive a free permit for life, which comes in handy for anyone traveling outside Alabama.
Also, anyone convicted of a DUI will need an Alabama pistol permit for neighboring states like Louisiana, Florida, and Tennessee, according to the sheriff's office.
The law is so complex that officials have met with lawyers to review it. Burch said the two lawyers his office consulted with couldn't figure it out, agreeing that there's conflicting information.
“It’s important that we have a clear bill, a bill that’s not ambiguous, which I believe it is today," Prine said.
As mentioned earlier, if you're pulled over and do not disclose to the officer that you have a gun in your car, that's a violation. Another violation, touching your gun except as directed. Both are two separate misdemeanors under the same law. Officials are also trying to figure out when exactly does the officer have probable cause to take that weapon away.
"We have varying degrees of punishment, it needs to be one statute," Prine said. "if you violate any condition of that statute to include the ones that's already part of the act, there's one charge for it."
The sheriff said the new law was sold on the fact that law enforcement in Alabama will have access to a system called NCIC, a national criminal records data base. They have access, however, Burch said it's a joke.
"We have to have a specific and legitimate reason, we have to actually fill out a form and say either they're under arrest or there's an investigation, and if so you have to site a case number and that's audited quite frequently," Burch said. "That's actually something law enforcement can go to jail for mishandling."
Burch said it only contains information that's already in Alabama's system. It doesn't show anybody else's record if they're not an Alabama resident. Yet, it's supposed to be a national database. So far, no cases have gone to court for violating this new law but when the first one does, here's their take on the worst case scenario.
"Certainly for us is that cases are thrown out," Prine said. "Then if cases are thrown out, we lose a little bit of credibility every time a case is thrown out, it even possibly opens the door for litigation for violating people's rights."
"I would think as cases go forward, I think different judges will have different interpretations on what this says," Burch said.
Burch and Prine are calling on lawmakers like Rep. Shane Stringer, who sponsored this new law, to make changes during this next legislative session.