March 12, 2013

Cherokee County sheriff: Legislators 'not listening' on gun bill

By SCOTT WRIGHT

CENTRE — Over the past several weeks, sheriffs across Alabama have publicly voiced disappointment with the Alabama Legislature over a new gun law being pushed towards passage.

“It's the worst piece of legislation I've ever seen,” Mobile County Sheriff Sam Cochran told AL.com last week.

“What we are voicing in this particular piece of legislation erodes public safety,” said Escambia County Sheriff Grover Smith on AL.com.

As of now, you can add Cherokee County Sheriff Jeff Shaver to the list of disgruntled law officers.

“I don't know of any sheriff who wants to take anyone's guns away, but I also don't know of one who supports this bill,” Shaver told The Post last week.

Senate Bill 286 is the latest incarnation of a bill first read on Feb. 5 by sponsor Scott Beason, R-Gardendale. Then, it was known as Sb129. “Bill 286 is Bill 129 with another name,” Shaver explained.

While in Montgomery last week, Shaver attended a Senate committee meeting at which SB286 was discussed.

“They allowed our representative to address the committee and voice our concerns,” Shaver said. “When it was all over, a motion was made to give [the bill] a favorable report anyway, so it's out there.”

Shaver said the problems with the bill are numerous, including a passage that allows for some non-U.S. citizens to receive pistol permits; a repeal of the current prohibition against firearms in many public places; vague references to “civil remedies for persons adversely affected by unauthorized action” of local limits on firearm possession; and new permission to carry pistols on private property, possibly even against the property owner's wishes.

Another section calls for the provision of weapon storage facilities for concealed weapons carried into the few remaining public places where guns would still be prohibited.

“That means we could have to buy gun lockers for the courthouse and for schools,” Shaver said.

Shaver said he supports the Second Amendment but feels the legislators in Montgomery have become so focused on the right to bear arms that they have forgotten about property rights. The complete text of SB286 is available at www.legislature.state.al.us/index.html

“Basically, from listing to Senator Beason describe this bill,” Shaver said, “he believes the Second Amendment gives you the right to carry a firearm anywhere, anytime, under any circumstance. That's basically what he said.”

Shaver said perhaps his biggest concern is that the bill would turn Alabama from a “may” issue concealed pistol permits to a “shall” issue state.

“Just about every day, we deal with a mental health issue,” Shaver said. “People in our community have mental health issues, and they can't help that, but if one of them comes here wanting to obtain a concealed weapon permit … and we're well aware of their situation, then we are hesitant to issue a permit to them.”

The new law would strip Shaver of that discretion and establish a local board to determine whether a sheriff's denial of a concealed weapons permit is appropriate.

“As far as I know, the legislators did not call any sheriffs and ask their opinions,” Shaver said. “This state already has some of the nation's most lax gun laws. I just don't feel like [legislators] are listening to us on this bill. They don't realize the consequences.”