Tuesday, March 08, 2022

Alabama Senate Approves House Constitutional Carry Bill, with Amendments


 

On Thursday, 3 March, 2022, the  Alabama Senate passed House Bill 272, Constitutional Carry, with Amendments. The Amendments were added the previous day. From alreporter.com

The Alabama Senate Judiciary Committee on Wednesday approved a bill that would repeal the state’s law requiring a permit to carry a concealed weapon. The bill now heads to the full Senate for consideration of final passage.

Looking at Legiscan, HB 272 passed the full Senate, 23 to 5, with 7 abstaining, March 3rd, 2022. Four Republicans and three Democrats abstained from voting. They may have agreed not to vote, with offsetting votes.

Three amendments were added in the Senate committee. 

The first amendment was a requirement for an armed person to inform an officer of the law if the armed person was asked by the officer if the person was armed. In this case, being armed includes if a firearm is in the vehicle occupied by the person. The armed person is required to answer the officer truthfully.

The second amendment made clear if a person was on private property, and were personally informed they were not allowed to be armed on the property, they would be required to leave. If they did not leave, they would be charged with criminal trespass. This is a reinforcement of the way trespassing is enforced in most states. What is different in this statute, is the law requires the prosecution of armed trespassers if they refuse to leave, removing much discretion about enforcement of the law. From the amendment:

"(b) Notwithstanding any other provision of law to the contrary, a violation of this section shall be prosecuted as a criminal trespass in the third degree pursuant to Section 2613A-7-4.

The third amendment is a way for the state to reimburse Sheriff's offices for revenue lost if the number of permits decreases. That provision sunsets after three years.

Because of the amendments, the bill will go back to the House for concurrence. If HB 272 is passed in the House, as it was passed in the Senate, then it would be sent to Governor Kay Ivey for signature or veto.

It appears to this correspondent, the amendments will be accepted by the House, in order to pass HB 272. 

The Constitutional Carry bill in Ohio is in the administrative process of being sent to Governor  DeWine. Because of the amendments to the Alabama bill, it is likely the Ohio bill will be signed first, making it the 22nd state to become a member of the Constitutional Carry club.

The Alabama Constitutional Carry bill, HB 272, appears to be likely to be passed and to be signed by Governor Ivey.

Neither bill is yet law. Many things can happen before they become law. 

When either bill becomes law, Constitutional Carry will be the most common way for state legislatures to treat the issue of carry of handguns outside the home. This might have some bearing on the New York Rifle and Pistol Association case now before the Supreme Court. The opinion is expected in June of 2022. 

It seems likely both bills will become law before the end of March, 2022. If that happens, Ohio and Alabama will become the 22 and 23 Constitutional Carry states in the Constitutional Carry club. 

The current members of the Constitutional Carry club are:

Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

Other states are considering Constitutional Carry in their legislatures, including Georgia, Nebraska, Florida, and Wisconsin.

Pennsylvania passed a Constitutional Carry bill, but was unable to override the Governor's veto.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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2 comments:

  1. With the addition of several more states now this map is beginning to look like the green new deal The only thing the liberal gun grabber will not be able to clean from the air is gun smoke and they just might have to settle for far less. An EMP would make all of these new electronics in vehicles totally useless. Russia keeps threatening total war. Electric vehicles would put an awful lot of people a foot. What makes the power to recharge those EV's Polluting power plants? I just read a study hat determined ethanol is more harmful than what we had before. chalk another one up for the greeter's. there used to be a popular double barreled shot gun called a greener it was popular for its killing effects. There are plenty of ways to clean the air, keep your hands off of my cars.

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  2. It amazes me how so many Americans are so poorly educated in so many ways and teachers want increased wages. In my business you got raises when you improved the product. you got fired when you made the product worse, intentionally Look at the Covid scare. millions spent on totally useless masks. Businesses ruined for social distancing. normally exhaled air travels 27 feet not 6 feet. how many wear the mask with their nose exposed? normal human breathing is in through the nose and out through the mouth. If you are going to get infected it will be through the nose or the eyes. the KN95 mask guarantees it will filter out any thing larger than 1.4 microns. oxygen passes through the mask. oxygen measures .9 microns.4 microns clearance. Problem the covid virus measures .3 microns. 11 microns clearance. (1.1) microns. there is no mask that you can breathe through that will filter out any virus. masks are great for filtering out bacteria. we have to get rid of carbon when we do all of the green plants will die. we exhale CO2 the plants make oxygen and use the CO2 to make it. dumb ass greeners give those greeners' a raise , to the moon Alice.'.

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