Alabama's conservative legislature is moving quickly on proposed legislation that, if passed, would infringe on citizens' Second Amendment rights.
The Senate Judiciary Committee is set to meet at 8:30 a.m. Wednesday. Committee chairman State Sen. Will Barfoot's (R-Pike Road) Senate Bill 119 is on the agenda, among provisions to increase the penalties for gun-related offenses and provide much-needed flexibility to the state for parole violations.
Barfoot's bill includes language typically sought after by progressive anti-gun groups like Everytown USA, Moms Demand Action, and Giffords Law Center. Commonly referred to as "red flag laws," a portion of Barfoot's bill would limit the rights of those charged with but not yet convicted of a crime.
Birmingham lawyer James "Jim" Porter, a former president of NRA and current board member running for reelection as a part of a slate of reform candidates, told 1819 News, "The thought that you would take away a person's constitutional rights of self-defense due to allegations of having committed a felony or misdemeanor will not pass constitutional (US or Alabama) muster."
Speaking directly to the Red Flag portion of the bill, Porter said, "There is no 'history, text or tradition' that supports the proposed legislation."
The bill also increases penalties for certain firearm-related crimes, such as discharging a firearm into an occupied building or other designated space, from a Class B felony to a Class A and changes the portion of Alabama's current law from prohibiting gun ownership for violent felons to include all felons. That would involve taking away the Second Amendment rights of those convicted of crimes such as certain drug offenses, driving on a suspended driver's license or illegally passing a school bus.
Several courts around the nation have taken up this issue and found it to be unconstitutional. In one case, a man convicted of food stamp fraud fought to have his rights restored after completing his sentence.
In a 13-2 decision in December 2024, the 3rd U.S. Circuit Court of Appeals decided that the man, in spite of his conviction, "remains among 'the people' protected by the Second Amendment."
"And because the government did not carry its burden of showing that the principles underlying our Nation's history and tradition of firearm regulation support disarming Range, we will reverse and remand," the Court said.
Apryl Marie Fogel is a Birmingham resident who frequently appears on and guest hosts radio programs around the state. She can be reached at aprylmarie.fogel@1819news.com or on X and Facebook at @aprylmarie.
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