Mayor of Alabama's capital becomes latest to try to limit GOP 'permitless carry' law

MONTGOMERY, Ala. -- The mayor of Alabama’s state capital signed a local ordinance into law on Friday requiring anyone carrying a concealed firearm to also carry a photo ID, saying Republican lawmakers' decision to toss permit requirements for concealed guns had hindered police officers' abilities to fight crime and seize illegal guns.

The new Montgomery ordinance drew immediate outrage from state GOP officials who had supported a 2023 law granting gun owners the right to carry a concealed gun without a permit. A spokesperson for Republican Attorney General Steve Marshall called the local measure illegal, but did not say whether Marshall planned to file a lawsuit.

According to the ordinance, Montgomery police can confiscate a concealed gun if the gun holder is not also carrying a photo ID. The firearm would remain in police custody until the gun holder pays a fine and provides proof of purchase to the local precinct within 30 days.

The measure is the latest signed by a local official in the South in frustration over the expansion of what gun rights advocates call “constitutional carry,” a reference to the Second Amendment right to “keep and bear arms.” When the Alabama bill was being debated during the 2022 legislative session, it was decried by local officials and many in law enforcement, especially those in the state’s largest cities already struggling with crime, who said that it would worsen public safety.

“The permitless carry bill took away an important way for law enforcement officers to take illegal handguns,” Montgomery Mayor Steven Reed said during Friday's bill signing ceremony. He added, “What we hope this will do is maybe give us a little bit of movement back to being able to take some of those (illegal) guns.”

Montgomery Police Chief James Graboys and local city council members joined Reed to express support for the ordinance and echo frustration about the impact of permitless carry.

But Friday's signing drew swift condemnation from the state attorney general's office.

“The Montgomery City Council’s ordinance related to firearms violates state law,” William Califf, a spokesperson for the attorney general, said in a statement. "The Code of Alabama plainly states that the Legislature is the sole regulator of firearms and related matters.”

Similar battles between local and statewide elected officials are underway in neighboring states.

Local restrictions on firearms in both New Orleans and Savannah, Georgia, drew criticism from each state's respective Republican attorneys general. In both cases, state leadership accused local officials of violating state gun laws. Alabama, Louisiana and Georgia are among the 28 states nationwide that do not require a permit for concealed firearm carry, according to the U.S. Concealed Carry Association.

Montgomery is not the only Alabama municipality where local law enforcement wants to see restrictions on the statewide permitless carry bill.

Mobile Sheriff Paul Burch describes himself as a “very firm supporter of the Second Amendment,” but said that “something has to be done” about the effects of the state legislation.

Burch said his department has seen a noticeable uptick in violent crime among young people that he attributes to the bill.

Specifically, Mobile County has seen an increase of at least 50 gun-related charges for those 20 or younger since the bill went into effect in 2023, according to data provided by the sheriff's department and the local district attorney.

As a result, Burch said he will be lobbying state legislators to modify the permitless carry bill to make it so gun owners under 21 would still need a permit for concealed carry. Military and law enforcement officers would not be affected, according to Burch.

“I’m all for anyone who can legally carry a gun for the protection of their family. Or even for sport or just shoot for fun, should be able to legally carry one,” Burch said. “However, I just think that the law was poorly put together.”

The law makes it difficult for officers to determine whether someone has an illegal firearm, Burch said. Although a “prohibited persons database” was included in the bill to help officers flag people who are banned from possessing a handgun because of their criminal history and other reasons, Burch said the database was imperfect.

The Alabama Law Enforcement Agency, which maintains the database, did not respond to requests for comment.

Reed said that he would try to work with state legislators on both sides of the political aisle to continue to find ways to empower law enforcement and promote public safety. But he said it hasn't felt like his administration has received “proactive support” from the state since the bill was passed.

"The whole city is forced to pick up the pieces, the city is forced to try to scramble to figure out how support our residents," Reed said.

___

Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.