When Alabama adopted permitless carry a few years ago, legislators threw a bone to some law enforcement agencies that weren't on board with the change by requiring anyone carrying a concealed firearm to inform police of that fact if they're asked. Under the current language of the law, however, there are no legal repercussions if a gun owner fails to disclose that information to police.
That would change under a bill introduced by Rep. Chris England, a Democrat from Tuscaloosa, who wants to make the failure to inform a Class A misdemeanor punishable by up to a year behind bars and a $6,000 fine. HB 58 had its first hearing in the House Judiciary Committee this week, and heard from multiple individuals who expressed their opposition, including an NRA lobbyist.
One citizen spoke out against the bill, stating that he thought it violated the Fourth and Fifth Amendments. He also said that he was concerned the bill’s provisions would only heighten “anxieties” during traffic stops. Another citizen argued that the bill did not align with the original intent of Alabama’s permit-less carry law.
Kelby Seanor, the National Rifle Association’s State Director for Alabama, also commented on the bill. Seanor stated that he and the NRA are strongly opposed to HB58, citing Second and Fifth Amendment concerns.
Seanor claimed that the bill would punish citizens for exercising their right to carry a concealed firearm, thus violating the Second Amendment. “At the end of the day, House Bill 58 could lead to the discrimination of gun owners,” Seanor said.
I don't know if it will lead to discrimination against gun owners, but I do know it will lead to the criminalization of some folks who are lawfully carrying.
Seanor also argued that the measure may ultimately violate the Fifth Amendment's protections against self-incrimination; an argument that appeared unpersuasive to several members of the committee.
“It’s troubling me to understand why this [bill] is objectionable,” Rep. David Faulkner, R-District 46, said in response to Seanor’s concerns, adding that he saw the bill as an officer safety issue.
“One of the only groups of people that can incriminate themselves by telling a law enforcement officer that they have a firearm is somebody who is prohibited from possessing one,” Rep. England added. “So, you’re literally here advocating to protect felons in possession of firearms.”
I don't think that was Seanor's argument, but to play devil's advocate, even felons have Fifth Amendment rights, and if this bill does intrude on those protections then it could easily run into legal challenges and ultimately be struck down. In Haynes v. United States, decided way back in 1968, the Supreme Court held that felons could not be compelled to incriminate themselves by registering guns they're not allowed to own. It's not a stretch to predict that every defense attorney in the state of Alabama would cite Haynes if their client was charged with being a felon in possession after incriminating themselves by informing a police officer that they're carrying.
And honestly, if the intent is to stop violent felons from illegally carrying, making failure to inform a misdemeanor offense isn't going to have much of an impact. Instead, as Seanor argued, it will be those Alabamans who are lawfully exercising their Second Amendment rights who could run afoul of the law if they fail to disclose their status to police. The law may already require that, but since there's no mechanism for punishment under the current law it's not much of a problem. Adding criminal penalties to this dubious statute, on the other hand, is a step in the wrong direction.
It's an open debate as to whether or not its a good idea to volunteer this information during a stop, but I completely understand why some gun owners would prefer to keep their carrying status to themselves. Philando Castile was shot and killed after informing police in Minnesota that he was carrying when one of the officers thought he was reaching for his pistol, and I don't think it's unreasonable to be concerned about disclosure leading to an unnecessary escalation of tensions, which puts both the citizen and the law enforcement officer at risk.
Personally, I'd like to see the duty to inform stripped entirely from Alabama law, but at the very least the statute should be left as-is. HB 58 is a step in the wrong direction and the House Judiciary Committee should reject England's legislation when it comes up for a vote next week.
