Mayor of Alabama’s capital becomes latest to try to limit GOP ‘permitless carry’ law

MONTGOMERY, Alabama — The mayor of Alabama’s state capital signed a local ordinance Friday requiring anyone carrying a concealed firearm to also carry a photo ID. He said the decision by Republican lawmakers to requirements for concealed weapons permit hampered the ability of police officers to combat crime and seize illegal weapons.

Montgomery’s new ordinance immediately drew outrage from Republican officials who supported a 2023 law that would have allowed gun owners 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.

Under the ordinance, Montgomery police can seize a concealed weapon if the gun owner does not have photo ID. The firearm will remain in police custody until the gun owner pays a fine and provides proof of purchase to the local police department within 30 days.

The measure is the latest to be signed by a local official in the South amid frustration over the expansion of what gun rights advocates call “constitutional carry,” a reference to the Second Amendment right to keep and bear arms. When the bill was debated in Alabama during the 2022 legislative session, it was criticized by local officials and many in law enforcement, particularly those in the state’s largest cities already struggling with crime, who said it would worsen public safety.

“The permitless carry law has taken away a major way for law enforcement to seize illegal handguns,” Montgomery Mayor Steven Reed said at the bill’s signing ceremony on Friday. He added, “What we’re hoping this will do is maybe give us a little bit of momentum back to be able to seize some of those (illegal) guns.”

Montgomery Police Chief James Graboys and city council members joined Reed in expressing their support for the ordinance and their frustration over the consequences of unlicensed gun ownership.

But Friday’s signing immediately drew condemnation from the attorney general’s office.

“The Montgomery City Council’s ordinance regarding firearms violates state law,” William Califf, a spokesman for the attorney general, said in a statement. “The Code of Alabama clearly states that the Legislature has sole oversight over firearms and related matters.”

In neighboring states, similar battles are taking place between local and state elected officials.

Local restrictions on firearms in both new orleans And Savannah, Georgia, pulled criticism of each the respective state Republican attorneys generalIn both cases, state officials 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 concealed firearms, according to the U.S. Concealed Carry Association.

Montgomery isn’t the only Alabama municipality where local police are seeking to impose restrictions on the statewide gun license-free bill.

Mobile Sheriff Paul Burch describes himself as a “very staunch supporter of the Second Amendment” but said “something needs to be done” about the effects of the state law.

Burch said his department has seen a noticeable increase in violent crime among youth, which he attributes to the bill.

Mobile County has seen an increase of at least 50 gun possession charges for people 20 or younger since the law took effect in 2023, according to data from the sheriff and local district attorney.

As a result, Burch said he will lobby state lawmakers to change the permitless carry law so that gun owners under 21 would still need a permit to carry concealed weapons. Military and law enforcement officers would not be affected, Burch said.

“I’m all for anyone being able to legally carry a gun for the protection of their family. Or even for sport or just for fun, should be able to legally carry one,” Burch said. “I just think the law is poorly written.”

The law makes it difficult for officers to determine whether someone has an illegal firearm, Burch said. Although a “prohibited persons database” was included in the law to help officers flag people who are prohibited from possessing a handgun because of their criminal history and other reasons, Burch said the database was flawed.

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 spectrum to continue finding ways to strengthen law enforcement and promote public safety. But he said it doesn’t feel like his administration has received “proactive support” from the state since the law was passed.

“The whole city has to pick up the pieces, the city has to try to figure out how we can support our residents,” Reed said.

___

Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on under-reported issues.