Two law enforcement leaders in South Alabama, and the head of BamaCarry are all calling on state lawmakers to make changes to Alabama’s new permitless carry law that went into effect on New Year’s Day.
Mobile County Sheriff Paul Burch and Mobile Police Chief Paul Prine, during a joint news conference Wednesday, said the new law was “ambiguous,” confusing to lawyers and includes “varying degrees of punishment.”
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They also said it includes odd language. One example, cited by Prine, is a provision instructing a motorist, after getting pulled over by a law enforcement officer, not to “touch a handgun” with his or her fingers.
“It’s odd that they would put that into the law, that specific language,” said Prine. “For most of us, it’s common sense for someone not to touch their weapon when encountering a law enforcement official. But someone felt it should be part of the law and make it part of the violations.”
Prine said that law enforcement also remained concerned over whether firearms were allowed at or near schools, and he urged lawmakers to be more clear given the backdrop of mass shootings at schools nationwide.
“I would be an advocate of not allowing firearms on school property,” he said. “The fact we’re having this discussion today simply tells you there is a lot that is misunderstood (about the new law) and there is no clarity.”
Gun rights advocates also share concerns with the new law, even if they have different viewpoints from law enforcement.
Alabama became the 25th state in the U.S. last year to approve a permitless carry law. AP Photo
Eddie Fulmer, the head of BamaCarry — the gun-rights organization based in Northport that join other gun rights groups outside of Alabama in pushing for legislative approval of permitless carry — said he does not support language within the new law that he claims allows law enforcement officers to seize someone’s weapon during a routine traffic stop.
“We don’t feel like when you are pulled over (for running) a stop sign, that an officer should take a weapon from you and run a (background check),” said Fulmer. “If you don’t tell them you have a weapon with you, then you are susceptible to a criminal offense. We are not happy with that at all. We didn’t write that in there. The Republicans wrote that in, and we tried to get it taken out before it was passed.”
The latest dispute over the new law comes after a meeting last month, hosted by Fairhope officials and the Baldwin County Sheriff’s Office, to address confusion over the new law.
Alabama’s permitless carry law was approved last spring ahead of GOP primaries in which gun rights, and adopting a permitless carry law in Alabama, loomed as a key campaign issue. It also was approved over the objections from law enforcement officials, particularly county sheriffs worried over public safety and loss revenues.
Fulmer blamed former Mobile County Sheriff Sam Cochran, a Republican, for leading the opposition charge. Cochran, who retired last month, was replaced by Burch, his former captain.
Burch blamed gun rights groups, some of which were from outside of Alabama, for pressuring lawmakers to back permitless carry.
“I’m a big supporter of the Second Amendment, but I believe there should be some common sense applied to it,” said Burch. “(Lawmakers) never endured so much pressure to ram a bill through (than they did last year).”
Burch said the Alabama Sheriff’s Association is seeking an opinion from Alabama Attorney General Steve Marshall’s office to clear up some of the questions the new law creates. A spokesman for Marshall’s office did not respond to a request for comment.
The Sheriff’s Office also called on state Rep. Shane Stringer, R-Citronelle, to provide a reaction. Stringer did not respond to calls for comment. Stringer, a former Mobile County sheriff’s captain under Cochran, was demoted in 2021 for his role as the main Alabama State House sponsor for permitless carry.
Burch also called the new database, which was unveiled last fall, “a joke.” Permitless carry supporters, last year, repeatedly pointed to the creation of the new database to keep track of criminals who are not allowed to possess a gun in Alabama.
Burch said then new database, established by the Alabama Law Enforcement Agency (ALEA), only includes Alabama residents. He also said there have been numerous occurrences in which someone was denied a gun permit because of mistaken identity.
“We have had about 15 of those who are not forbidden in any shape or form, and they had their name wind up in the prohibitive database,” Burch said.
Sheriffs also came under criticism last year for emphasizing lost revenues by the removal of the permit requirement. Burch said the Mobile County Sheriff Department, during the second half of last year, lost an estimated $800,000.
Related: By supporting ‘constitutional carry,’ are Alabama Republicans ‘defunding the police’?
Fulmer pointed to the relatively new five-year pistol permit as the reason. He also said most law-abiding gun owners will likely purchase a permit in Alabama.
“I got a five-year permit and most of the people I know still buy permits,” he said.
Still, recouping lost revenues appears to be a top concern for sheriffs. The Association of County Commissions of Alabama is working to draft legislation that would supplement the lost permit funding to sheriff’s departments.
The questions about permitless carry also coincides with Mardi Gras, the annual street festival in downtown Mobile that often draws large crowds to its colorful parades and formal balls.
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Prine said he was not overly concerned with more people carrying guns during this year’s Carnival, but did have a warning for those who do.
“Criminals will carry weapons irrespective of what the law says,” Prine said. “The concern I have is if you come down here and are involved in drinking, there is a likelihood you will get into an altercation. They could find themselves in situations where they deploy their weapon and there will be a criminal charge.”
He added, “Don’t bring a weapon to downtown Mobile’s Mardi Gras. We will have officers on every corner of the parade route.”
