An Alabama state representative has introduced a bill that would make it a criminal to fail to notify police officials about a person carrying a concealed firearm.
According to state law, anyone who intentionally conceals a firearm on their person or in their car must notify police enforcement promptly in any interaction, such as a traffic check.
Rep. Chris England, D-Tuscaloosa, introduced HB 58, which would establish a punishment for failing to notify police authorities, which is now lacking from the law.
“So if there’s no penalty, it essentially means that it’s unenforceable,” he explained in a phone interview Thursday. “You can’t use it, don’t do it, and don’t make anyone do anything. It is already there. As a result, this bill aims to fulfill the commitment given to law enforcement during the permitless carry negotiations. It tries to fulfill that promise.
In 2022, the state made it possible for anybody to carry a concealed handgun without permission. According to the Montgomery Advertiser, the Senate changed the bill to compel the reveal of a weapon during a traffic stop.
However, critics argue that the absence of a penalty renders that provision of the bill unenforceable.
England cited an attorney general’s ruling, asserting that the absence of legal authorization prevented the state from imposing a punishment.
Legislation tightening gun rules is difficult to pass in Alabama’s Republican supermajority legislature, but England says opinions are shifting. He mentioned news reports of gun violence and mass shootings in Birmingham.
“There has to be some acknowledgement that we put law enforcement at a significant disadvantage when we took away the permit requirement,” the politician stated. “So there has to be ways to balance the need for public safety with the need for our law enforcement officers to be safe when they’re on patrol, and what many people believe is protecting the Second Amendment.”
Not disclosing a hidden firearm would become a Class A misdemeanor punishable by up to a year in prison and a $6,000 fine under England’s plan. He indicated the possibility of negotiating the final punishment.
Rep. Shane Stringer, R-Citronelle, sponsored the first permitless carry legislation, which law enforcement agencies attacked, arguing that permits were useful tools.
Stringer stated on Thursday that he was unaware of England’s law but did not reply to any further messages.
Hoss Mack, executive director of the Alabama Sheriffs’ Association, said in a phone interview Thursday that they were supportive of England’s measure as it is but noted that it may alter during the process.
“When the bill was first passed, some agencies enforced it, but when it got to the judicial and prosecution arena, there was nothing they could do,” he mentioned.
He stated that the bill will improve public safety by allowing officers to learn about a weapon rather than being surprised by its presence.
According to him, being open about the situation removes the potential for escalation. Not only does it safeguard the officer, but it also safeguards the individual by eliminating the element of surprise or discovery that an uninformed officer might uncover.
