Several House Democrats have pre-filed bills for the 2025 state legislative session aimed at degrading the state's permitless carry law after it became a scapegoat for increased gun crime in certain areas.
Democratic lawmakers and politicians have frequently blamed the law for increased crime in metro areas. The 2022 law allows lawful residents of the state to carry a firearm on their person or vehicle without a permit.
Alabama's Big 10 mayors, who represent the state's 10 largest cities and the vast majority of law enforcement agencies, all opposed the law when it was being debated in the legislature.
It was recently rumored that the Big 10 were planning to formulate a plan to push to repeal the law after a Birmingham mass shooting. However, that was denied by Big 10 chairman Mobile Mayor Sandy Stimpson.
SEE: Mobile's Stimpson denies Big 10 mayors plotting to repeal Alabama's constitutional carry law
RELATED: Mobile County Sheriff Paul Burch seeks to chip away at Alabama's constitutional carry law: Report
Regardless of what future plans opponents of the law have, some bills to address perceived holes in the law have already been filed for the 2025 legislative session.
House Bill 58 (HB58) by State Rep. Chris England (D-Tuscaloosa) would add criminal penalties to certain aspects of the permitless carry law.
The 2022 law created an obligation for a citizen to inform a law enforcement officer of the presence of a firearm on their person or in their vehicle, often called a "duty to declare." Previously, citizens had no legal duty to inform police of the presence of a firearm.
Law enforcement must ask a person before they would be legally obligated to respond. The law does not compel anyone to admit to the presence of a firearm without first being questioned by police.
The law also created a system where an officer may relieve a person of their weapon if the officer has "reasonable suspicion" that the person has committed or is planning to commit a crime. The officer may also relieve a person of their weapon if the person poses a threat to themselves, the officer or the public.
The duty to declare section did not initially have stipulations or legal punishment for violations. HB 58 would make it a Class A misdemeanor to refuse to declare the presence of a firearm when asked by a police officer.
Another bill by State Rep. Kenyatté Hassell (D-Birmingham) would re-attach the requirement to acquire a permit to carry certain weapons.
House Bill 23 (HB23) would require a person to have a permit to legally carry an "assault weapon" in a vehicle or on their person. It would also require a permit to purchase an "assault weapon."
The bill defines an "assault weapon" as "A semiautomatic rifle that has the capacity to accept a detachable magazine and has one or more of the following:
A pistol grip that protrudes conspicuously beneath the action of the weapon.
A thumbhole stock.
A folding or telescoping stock.
A second handgrip or a protruding grip that can be held by the non-trigger hand.
A flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator.
A grenade launcher or flare launcher.
The bill also requires a permit to carry a pistol that has one or more of the following:
Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand.
A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer.
A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel.
The capacity to accept a detachable magazine at any location outside of the pistol grip.
The restrictions would also apply to semiautomatic shotguns with a pistol grip, folding stock, revolving cylinder or detachable magazine.
Under the bill's provisions, a person would have to acquire an "assault weapon permit" from the county or sheriff before carrying the weapon in a vehicle or on their person. The permit would also be required to purchase a weapon that meets the specific criteria. Violating the bill would be a Class C felony.
"An assault weapon permit shall be issued or renewed at the discretion of the sheriff according to the procedures for issuing and renewing a concealed carry permit," the bill reads.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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