AL: Constitutional Carry on the Move

Constitutional Carry is on the move in Alabama.  Senate Bill 3 would eliminate the need for a carry permit for law abiding adults.   From dothanfirst.com:

Senate bill 3, sponsored by senator Gerald Allen, would repeal the permit requirement for the carrying of firearms.

It would allow any law-abiding adult who can legally possess a firearm to carry a handgun for self-defense in Alabama without having to first obtain a permit to do so.

The NRA-ILA confirms the essence of he bill. It does not eliminate the shall issue permit system that is now in place. Alabamians would still be able to obtain permits for reciprocity with other states. Alabamaians would still be able to obtain a carry permit as an alternative to the NICS instant check stystem. From the nraila.org:

Senate Bill 3, sponsored by Senator Gerald Allen (R-21), would repeal the permit requirement for the carrying of firearms. This important legislation would allow any law-abiding adult who can legally possess a firearm to carry a handgun for self-defense in Alabama without having to first obtain a permit to do so. This legislation would allow law-abiding adults in Alabama to carry in a manner that best suits their needs and improves their ability to defend themselves and their loved ones from danger.

In essence SB 3 would put into law what Alabamians overwhelmingly voted for in Amendment 3 of the Alabama Constitution. Amendment 3 passed with 72.5% of the vote in 2014.  Amendment 3 protected the exercise of the right to keep and bear arms in Alabama with strong language.

Arms may be carried in only two ways, openly or concealed. Requiring a permit for concealed carry is clearly a restriction on the right to bear arms. SB 3 is the legislature enforcing the Constitutional amendment with statutory reform. Here is a description of Amendment 3. From ballotpedia:

Proposing an amendment to the Constitution of Alabama of 1901, to provide that every citizen has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny; and to provide that no international treaty or law shall prohibit, limit, or otherwise interfere with a citizen's fundamental right to bear arms.

 In 2017, three years after Amendment 3 was made part of the Alabama Constitution,  the Alabama Senate passed Constitutional Carry 26-8. The bill died after some law enforcement agencies spoke out against it. At l

A year ago, Senator Allen vowed to keep sponsoring the bill until it passes. From al.com:

"It's time we give our citizens the right to bear arms without first seeking the government's permission," Allen said.

Alabama already allows people to openly carry a holstered pistol without a permit. Allen said there is no logical reason to continue the permit requirement for carrying a concealed pistol.

 Alabama has a short legislative session. This is done deliberately, to limit the damage a legislature can accomplish. The legislature convened on 9 January. The regular session will end on 23 April, 2018. That is only three and a half months to pass bills.

There are 13 current members of the Constitutional Carry Club. They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, Wyoming, and West Virginia.

Vermont was the only Constitutional Carry state until 2003, when Alaska passed its modernization bill. Arizona was next, in 2010. Since 2010, ten more states have modernized state law to reflect respect for the exercise of the Second Amendment.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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