Gun Bill Passes Legislature, Goes to Governor

The Alabama House of Representatives Monday morning passed the much-debated Omnibus Gun Bill, which proponents say will give Alabama the strongest Second Amendment protections in the country. It now goes to the Governor for his signature.

The final bill was the product of a compromise between the National Rifle Association, The Alabama Sheriffs’ Association and the Alabama District Attorneys’ Association.

“Achieving this compromise required a long journey with a lot of back and forth among law enforcement, business representatives and gun rights activists, but we finally found the right mix,” Rep. Ed Henry, the bill’s House sponsor, said.

“While not perfect, SB 286 is an important step in the right direction for the law-abiding gun owners in Alabama and residents of other states traveling to and through Alabama,” The National Rifle Association said in a release.

The Business Council of Alabama, however, remained unsupportive to the end.

BCA President & CEO Billy Canary said his organization, which represents the state’s business community, did not support the legislation because it would require businesses to allow employees to keep a gun in their car at work. Canary cited the Fifth Amendment and said the bill “erodes the constitutional property rights of businesses.”

But House Speaker Mike Hubbard said it was important to address the issues with Alabama’s gun laws now in light of the Obama Administration’s continued attempts to infringe on our Second Amendment rights.

“With President Obama dead set on limiting our right to bear arms, it was imperative for us to push legislation that would defend this important constitutional right for Alabamians,” Hubbard said.

The NRA said the bill, if signed by the Governor, “will restore and protect the rights of responsible gun owners and sportsmen in Alabama by reforming the state gun laws in the following ways:

  • Allows those who possess a valid Alabama pistol permit to keep firearms stored in their vehicle while at work, as well as allowing those who possess a valid Alabama hunting license to store an unloaded rifle or shotgun in their vehicle while at work.
  • Allows transportation of a handgun in a vehicle without an Alabama pistol permit as long as the handgun is unloaded, locked in a container and out of reach of the driver or passenger.
  • Shifts the current “May Issue” concealed carry permit system to a “Shall Issue” permit system and requires that a sheriff must issue or deny the carry permit within thirty days.  Should someone be denied a permit, a written denial must be provided and that applicant would have an opportunity to appeal the denial.
  • A permit to carry a concealed pistol shall be good for one to five years (to be decided by the applicant seeking the carry permit).
  • Requires sheriffs to use the National Instant Criminal Background Check System (NICS) to conduct a background check on concealed pistol permit applicants.
  • Allows for all other valid state-issued permits to carry a concealed firearm to be recognized in Alabama.
  • Strengthens Alabama’s firearms preemption statute by reserving for the state legislature complete control over regulation and policy relating to firearms, ammunition and firearm accessories in order to ensure that such regulation is applied uniformly throughout the state.
  • Extends the current Castle Doctrine to include places of business to ensure the right of self-defense does not end when you enter your business.

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Cliff Sims May 20, 2013