Best & Worst Week in Montgomery

Passage of SB 286, the Omnibus Gun Bill, Thursday night capped off months of debate and negotiations between Senators and multiple groups including the NRA, BCA, Sheriffs and the trial lawyers. The NRA and their supporters have to be extremely happy with the bill that ultimately passed the Senate.

Among other things, the bill amends current law to state so that carrying a visible, holstered firearm in a public place is not a violation of state law, it makes Alabama a “shall issue” state meaning that law enforcement will only have very limited ability to deny a permit, and it extends the “castle doctrine” to private businesses. But the most contentious portion of the bill was a section that allows employees to leave a gun in their car at their workplace whether their employer’s policies approve or not.

The legislation was expected to receive quick passage because of its strong support among Republican Senators. Even as Senators came to the mic with amendment after amendment, there was very little doubt the bill was going to pass. While it took the better part of seven hours and some unexpected changes were made, the NRA pretty much got what they wanted in every section of the bill. Because of that, they had the Best Week in Montgomery.

But that doesn’t mean the BCA didn’t have a big win of their own…

Senator Dick Brewbaker introduced an amendment about half way through debate on the Senate floor that created protections for business entities so that the entity has no duty to guard against the criminal act of a third party and is not liable for the actions of employees whose actions are outside the line and scope of their employment. In other words, the one phrase that makes a trial lawyer’s blood curdle more than any other: absolute civil immunity.

This was a huge win for the business community, and a crushing blow to the trial bar.

Because of the civil immunity provision that was added to SB 286 on the Senate floor, the trial lawyers had the Worst Week in Montgomery.