Alabama is the latest state to allow people to carry a concealed handgun without a permit that requires a background check.
The new state law went into effect on New Year’s Day, ending the requirement for lawful gun owners to obtain a permit to carry a concealed handgun in public. A person can still choose to get permission if they want to.
The proposal had been unsuccessfully introduced in Montgomery for a decade before winning approval over opposition from the Alabama Sheriffs Association this year.
The legislation has been championed by gun rights advocates, who describe them as “constitutional bearer,” in reference to the Second Amendment right to keep and bear arms.
A law that went into effect Sunday makes Alabama the 26th state to allow legal gun owners to carry concealed firearms without a permit
Opponents, including state sheriffs and others in law enforcement, argued that the permits help fight crime and improve public safety.
Alabama Gov. Kay Ivey, a Republican, signed the law into law almost immediately after it was passed in March, emphasizing her support in her re-election campaign.
The ad showed the governor seated at her desk in the Alabama Capitol and pulling a small handgun from her purse, along with a lipstick and a cell phone.
According to the US Concealed Carry Association, including Alabama, there are now 26 US states that allow concealed carry without a permit.
Alabama Governor Kay Ivey, a Republican, signed the law into law almost immediately
“It will be a big step in helping the law-abiding average citizen avoid going through the hurdles to getting a permit to carry their guns,” said Rep. Shane Stringer, the sponsor of the legislation.
Stringer noted that the law only addresses the permit requirement. “It’s not going to change who can carry a gun and who can’t. People who are now banned are still banned.’
The Alabama Sheriffs Association had opposed the legislation, saying the permitting process was an important safeguard. Sheriff’s offices also make money from fees for issuing transportation permits.
“Alabama sheriffs understand that the law will go into effect on January 1 and have adjusted accordingly,” said Lee County Sheriff Jay Jones, president of the Alabama Sheriffs Association.
Jones and Stringer said there are still reasons a person might consider getting a permit.
Jones said, “It is advisable to have an Alabama concealed carry permit when traveling abroad; Reciprocity applies – other states may require non-residents to have a permit from their state of residence.’
Stringer noted that people should remember that there remain places where guns are completely banned for safety reasons, such as courthouses, schools and other government buildings.
The Alabama legislature approved the measure after pressure from gun rights enthusiasts during the last legislative session.
Republican lawmakers, who previously opposed the law, said they would vote more comfortably this time because the state is developing a “prohibited person” database to help officials flag people for possession of a handgun their criminal record and other reasons is prohibited.
A file photo shows a gun and bows store across from the Mercedes Drive Church of Christ Church in Vance, Alabama
The database was mandated by a previous state statute that provided an option to obtain a lifetime concealed carry permit.
Stringer, a former deputy sheriff and former Satsuma Police Department chief, said the database was an important factor in his decision to support the law.
Proponents of the bill argued that this will be a better system for removing guns from people who cannot legally own them. Opponents argued that the database was only as good as the data entered into it and that gaps in information were inevitable.
Hal Taylor, the head of the Alabama Law Enforcement Agency, sent Ivey a Sept. 30 memo saying the database was developed in accordance with the law.
“Whether issuing a routine traffic subpoena or investigating criminal activity, all officers using the Law Enforcement Tactical System can now be immediately notified that a person is not authorized to possess a firearm,” Taylor wrote in the memo .
Lawmakers included language in the new law reaffirming an officer’s ability to temporarily take a handgun during a traffic stop or other investigation.
An officer with reasonable suspicion that an individual was about to engage in criminal conduct may temporarily take a handgun and search databases to determine if the weapon was stolen.
An officer could also temporarily carry a weapon if necessary for the safety of the officer or others. The gun must be returned unless an arrest is made or the individual poses a security threat.