LEGAL EASE
by Shane Givens and Summer McWhorter

April 18, 2013

Alabama's proposed new gun law


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It has been a couple of weeks, so let’s check in with the Alabama Legislature and see what our representatives are working on.

One of the most newsworthy bills of late is Senate Bill 286. Readers out there may have heard about this proposed legislation in the news. This bill, which is supported by the National Rifle Association, eases some of Alabama's gun restrictions. What does this bill do exactly? If passed by both houses and signed by the governor, the new law would include the following:

 • Allow people to apply for a free lifetime gun permit that would let them carry a pistol in their vehicle.

• Allow people to lock their firearms in their vehicle at work, so long as it is out of sight, in the trunk, or in some sort of secure container.

• Require Alabama sheriffs to give documented reasons while a concealed pistol permit is denied and also establishes an appeals process when permits are denied.

• Allow people to get a pistol permit for up to five years, instead of one year.

• Clarify Alabama's status as an open carry state.

Not everyone supports all aspects of this bill. Many Alabama sheriffs, as well as some business groups, are concerned about some of the provisions.

This bill also lays out some other specifics relating to carrying firearms. Carrying a “visible, holstered firearm in a public place, in and of itself” is specified to not constitute the crime of disorderly conduct.

Property owners whose property is open to the public can stop people from bringing weapons onto the property if there is a “notice of the prohibition” that is “prominently posted at any public entrance to the property.” The owner may request for the person with the weapon to leave. Should the request be refused, the owner can contact law enforcement to remove the person for trespassing.

This bill also repeals a statute dealing with carrying weapons around a demonstration. The old statute prohibited people from carrying a weapon within 1,000 feet of a public demonstration. This bill, if passed, would repeal that statute.

A big reason Alabama sheriffs are concerned over this bill is that much of their discretion to issue pistol permits would be taken away. The bill would change the language from “may issue” to “shall issue.” Any denial must be made in writing and must provide documented actions on which the decision was based. These actions must show that the person requesting the permit is a danger to themselves or others. A pistol permit would have to either be issued or denied within 30 days or application.

This bill has been passed by the Senate and now must be voted on by the House of Representatives. If passed by the House, the bill would go to the governor.

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net.