Alabama House Committee Passes Constitutional Carry HB 272

Alabama Needs To Dump Doug
Alabama Needs To Dump Doug

U.S.A.-(AmmoLand.com)-– On February 16, 2022, the Alabama House Public Safety and Homeland Security Committee has passed the HB 272 version of Constitutional Carry. It will now be voted on by the House.

From alreporter.com:

The Alabama House Public Safety and Homeland Security Committee on Wednesday gave a favorable report for a bill that would repeal the state’s law requiring a permit to carry a concealed weapon. 

House Bill 272, sponsored by state Rep. Shane Stringer, R-Citronelle, would do away with the legal requirement for a person to have a concealed carry permit in Alabama, which is referred to as permitless carry or constitutional carry.

It was previously reported a Senate version of the bill, SB 1, had passed the Senate Judiciary Committee on a 6 – 4 vote, on February 2. SB1 has not been voted on by the full Senate as of this writing.

Alabama Republicans outnumber Democrats in the Senate with a supermajority of 8 Democrats to 27 Republicans.

Alabama Republicans outnumber Democrats in the House by a wide margin. There are 28 Democrats and 75 Republicans, with 2 vacancies.

The two bills, SB 1 and HB 272 have similar ends but are not identical. One or the other will have to be chosen by the legislature if a Constitutional Carry bill is to pass the legislature and be sent to Alabama Governor Kay Ivy.

Governor Ivey is facing primary challenges this year. The primary in Alabama is to be held on May 24, 2022. If Governor Ivey is to benefit from signing a Constitutional Carry bill into law, the bill will need to be passed well before May 24th. Alabama has an open primary; voters do not need to be members of a party to vote in the primary. Governor Ivey won the primary in 2018 with close to 56% of the vote.  She won the general election with nearly 60% of the vote.

The Alabama legislative session is set to end on April 25. Any bill to be passed will need to have been sent to the Governor by then. This would give a month for Governor Ivey to benefit from the passage of a Constitutional Carry bill.

Constitutional Carry has been opposed by the Alabama Sheriffs’ Association. It has been the major stumbling block in the past. Sheriffs in Alabama receive the funds generated by carry permits as an independent source of revenue.

It is likely the current permit scheme is unconstitutional under the right to keep and bear arms amendment to the Alabama Constitution passed in 2014. The amendment passed 72.5% to 27.5%. The amendment, now section 26, reads as follows:

(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny.

(b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.

Constitutional Carry has the best chance to pass into law in 2022 which it has had in recent years. Alabama has the highest rate of carry permit holders of any state in the United States. Nearly one-third of adults in Alabama hold a concealed carry permit. With such a large number of permit holders, it would appear passage of a Constitutional Carry reform would be easy.

Such has not been the case. While the bill is popular with Second Amendment supporters, it has been opposed by the Sheriffs’ association. It is not clear if those proposing the Constitutional Carry bills have put forward an alternate means of funding to take the place of lost permit revenue.

If the experience of other states holds, sheriffs may not lose much revenue. In most states which have restored Constitutional Carry, permit numbers have stayed stable or increased. Permits are useful for reciprocity with other states.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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john

Constitutional Carry is different than possessing a concealed carry permit which requires a background check. In my state open carry is allowed which still requires a concealed carry permit. You can own a handgun without a concealed carry permit keep it in you car home place of business hunt or shoot at public ranges know all the rules you can not carry one concealed . The advantage of the concealed carry permit is when purchasing a firearm no waiting period. The advantage is carrying concealed, why would I want anyone knowing that information about myself in my opinion it opens… Read more »

Desert Rat

In all of the states that have passed Constitutional Carry the revenue from CCW permits has not gone down most of the holders of permits do it so they have reciprocity rights in other states. In AZ the revenue actually increased. This is a specious argument by officials who don’t really want the citizens armed. Any sheriff who doesn’t want CC should be voted out and replaced by one who puts the safety of the citizens ahead of his money.

Ltbdb

The Alabama Sheriff’s that are crying about the loss of revenue if the current permit system is scrapped need to start focusing on a system of funding that provides their complete budget and is shared be all citizens of their counties, not just the law abiding firearm owners that want to practice their Constitutional rights. I for one will continue to purchase a concealed carry permit as I travel to surrounding states that honor Alabama permits but I want that to be by choice, not required to practice my right to bear arms.

swmft

fire ALL the opposing sheriffs and make them prohibited people

Wild Bill

Sheriffs have to be “fired” by the election process.

Hazcat

Really wish there were some 2A Republicans in my state. We have red flag laws, no constitutional carry, some cities doing their own waiting period rules, etc.

Yet not one Repub has done or even asked for legislation to fix these problems. Heck BOTH of my states Senators FAVOR Red Flag laws and my Governor has done nothing to repeal the Red Flag law or to push for Constitutional carry.

What state has this pitiful political stand?

FLORIDA !

swmft

spelled it wrong it is floriduuuuu, have a hanging chad day

Wild Bill

Are you in a caucus state or a primary election state? Maybe you will have to run, yourself.

john

In response to the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, the state enacted a “red flag” law that allowed judges to order potentially dangerous individuals to surrender their firearms. Five states had some version of a red flag law before the Stoneman Douglas shooting; however, eleven additional states enacted a red flag law after it occurred. The law was applied more than 3,500 times from its implementation to 2020, although some counties use it far more frequently than others. 

https://www.pumphreylawfirm.com/blog/everything-you-need-to-know-about-floridas-red-flag-law/

JSNMGC

Sheriffs (in a “red” state) and police join Moms Demand Action again (just like they did in WY and SD) to lobby against pro firearm rights legislation: “Sheriffs from many counties across the state gathered on the steps of the statehouse to voice frustrations surrounding the bill in this year’s regular session. Many of them concerned about the increasing crime rates in their counties and the potential for the gun violence to increase despite efforts to minimize it. Alongside the sheriffs were also police chiefs and the organization ‘Moms Demand Action’ all asking the same thing; that legislators do not… Read more »

swmft

the leos here dont want anyone to see the truth about bad cops , makes me wonder if they are the same

Last edited 3 months ago by swmft
Wild Bill

I don’t think that it is helpful to put words in their mouth or the mouths of any, here. Until “they” speak, one is just guessing.

Duane

Hopefully the RINO’s see the light.