Montgomery approves ID requirement for concealed weapons; AG says it violates state law

Disclosure: State of Alabama-based writer. This article is a work from cited sources for informational purposes and is used with permission. No affiliate links are included.

Montgomery Mayor Steven Reed Friday ratified an ordinance that requires people to have photo identification when they carry a concealed weapon within the city limits.

“This gives law enforcement a tool to ensure proper identification is held in situations where an individual may be stopped and weapons are recognized,” Reed said during a news conference Friday.

The move will likely lead to conflict with state officials, who have moved in recent years to reduce gun restrictions and regulations.

Mayor Steven ReedPhoto byCity of Montgomery website

“The Montgomery City Council’s ordinance related to firearms violates state law,” said a spokesperson from the Alabama Attorney General’s Office. “The Code of Alabama plainly states that the Legislature is the sole regulator of firearms and related matters.”

Reed said the city had “to do what we can, and challenge our state partners to do the things they can to help make our entire state safe, whether it be in a rural area or an urban area like our city.”

According to the Montgomery Police Department, there were 75 homicides in 2023. That is up from the 62 homicides in 2022. According to the Centers for Disease Control and Prevention, Alabama’s firearm death rate in 2022 was 25.5 per 100,000, the fourth-highest in the nation.

The ordinance authorizes law enforcement to confiscate people’s firearms if they do not have a valid identification with them while they are carrying a concealed firearm. However, people may retrieve their firearms within 30 days by presenting a valid identification, proof of ownership and by paying a fine.

No details were provided regarding the amount of the fine.

The ordinance allows law enforcement to identify people who are carrying a concealed firearm, and then cross check them against the state database to ensure they are permitted to possess a firearm in public.

The ordinance, which will take effect next week,comes as state lawmakers have rolled back rules and regulations pertaining to guns. In 2022, legislators eliminated a permit requirement for those carrying concealed firearms.

That rule not only allowed law enforcement to screen people they found carrying a firearm while in public and while driving in their vehicles, it also took away a significant source of revenue from sheriffs departments throughout Alabama.

“The only people who are going to try and conceal weapons without that permit at the time in the past, usually are people committing crimes, and that gave us a lever for actually removing weapons on the street before it can be used in a robbery, or before it can be used in a drive by,” said James (Jim) Graboys, interim police chief for the city of Montgomery.

Reed also highlighted policies related to public safety, from making investments in technology and training of officers, to laying out policies that deal with firearm safety and community violence intervention programs.

“If the state comes out and says that we can’t do it, we will leave that out to the state, and we will ask the citizens to make that cry to the state,” said Charles Jinright, Montgomery City Council president.

by Ralph Chapoco, Alabama Reflector
September 9, 2024

This article is republished from The Alabama Reflector under a Creative Commons license.

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