MONTGOMERY, Ala. (AP) — The mayor of Alabama’s state capital signed into law Friday a local law requiring those carrying a concealed firearm to also carry a photo ID. The decision by Republican lawmakers to throw out permit requirements for concealed weapons had hampered the police. officers’ abilities to fight crime and confiscate illegal weapons.
Montgomery’s new order drew immediate ire from state GOP officials who had supported the 2023 bill, which would have given gun owners the right to carry a concealed weapon without a permit. A spokesman for Republican Attorney General Steve Marshall called the local measure illegal, but did not say whether Marshall planned to file a lawsuit.
According to the ordinance, Montgomery police can confiscate a concealed weapon if the gun owner does not also have a photo ID with them. The firearm would remain in police custody until the gun owner pays the fine and provides proof of purchase to the local police station within 30 days.
The measure is the latest to be signed by a local authority in the South in frustration with gun rights advocates’ right to “constitutionally bear,” which refers to the Second Amendment right to “keep and bear arms.” When Alabama’s bill was debated in the 2022 legislative session, local officials and many law enforcement agencies, particularly in the state’s largest cities that struggle with crime, criticized it, saying it would worsen public safety.
“The permitless carry law took away an important way for law enforcement to take illegal handguns,” Montgomery Mayor Steven Reed said at Friday’s law signing ceremony. He added: “We hope this will give us some momentum to take some of those (illegal) Weapons.”
Montgomery Police Chief James Graboys and members of the local city council joined Reed in expressing support for the ordinance and reiterating frustration about the impact of unlicensed carry.
But Friday’s signing drew a swift ruling from the state attorney general’s office.
“Montgomery City Council’s firearms ordinance violates state law,” attorney general spokesman William Califf said in a statement. “Alabama law clearly states that the legislature is the sole regulator of firearms and related matters.”
Similar battles between local and state elected officials are taking place in neighboring states.
Local restrictions on firearms both in New Orleans and Savannah, Georgia, drew criticism from each state’s Republican attorney general. In both cases, state leadership accused local officials of violating state gun laws. Alabama, Louisiana and Georgia are among 28 states nationwide that do not require a permit to carry a concealed firearm, according to the US Concealed Carry Association.
Montgomery isn’t the only Alabama municipality where local law enforcement officials want statewide restrictions on unlicensed tolls.
Cell Sheriff Paul Burch describes himself as “very staunchly pro-Second Amendment,” but said “something has to be done” about the effects of state legislation.
Burch said his department has seen a significant increase in violent youth crime, which he attributes to the decline.
Mobile County, in particular, has seen an increase of at least 50 gun-related charges for those 20 and younger since the law took effect in 2023, according to data provided by the sheriff’s department and the local district attorney.
As a result, Burch said he plans to lobby state lawmakers to amend the permitless carry bill so that gun owners under the age of 21 still need a concealed carry permit. According to Burch, military and law enforcement officers will not be affected.
“I’m all for anyone who can legally carry a gun to protect their family. Or even for sport or just shooting for fun, one should be able to legally carry one,” Burch said. “However, I am of the opinion that the law was poorly drafted.”
The law makes it difficult for officers to determine whether someone is in possession of an illegal firearm, Burch said. While the bill included a “prohibited person database” to help officials flag people who are prohibited from possessing a handgun because of their criminal history and other reasons, Burch said the database was incomplete.
The Alabama Law Enforcement Agency, which maintains the database, did not respond to requests for comment.
Reed said he would try to work with state lawmakers on both sides of the political aisle to continue to find ways to strengthen law enforcement and promote public safety. But he said it hasn’t felt like his administration has received “proactive support” from the state since the bill passed.
“The whole city is forced to pick up the pieces, the city is forced to try to scramble to figure out how to support our residents,” Reed said.
___
Riddle is a member of The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places reporters in local newsrooms to report on classified issues.
