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‘Constitutional Carry’ Debate Before Legislators; Area Law Enforcement Chiefs Have Concerns

BY SARAH STEPHENS

ELMORE/AUTAUGA NEWS

Top Photo: Millbrook Police Chief P.K. Johnson spoke before the Millbrook City Council at their last regular meeting, voicing his opposition to proposed legislation that would end the requirement for pistol permits.

It is a much-debated issue, but Alabama legislators will tackle proposed legislation regarding Constitutional Carry in this new session.

Currently, a concealed carry permit is required in Alabama if you want to carry a concealed gun on your person, in a purse or bag, or in your vehicle.

Both Senate and House bills are up for debate in this session regarding Constitutional Carry. If passed, this would put an end to pistol permits in Alabama making the state the 22nd to do so thus far.

The NRA has thrown its support behind the legislation, but some area law enforcement officers say it is dangerous, and is taking a “vital tool” out of their toolbox that allows them to recover stolen guns, or determine if someone is carrying illegally.

Those in favor of the legislation say forcing permits for carrying a gun is just a revenue maker for sheriff’s departments, which issue permits.

Prattville Police Chief Mark Thompson said he is opposed to the legislation that would end the necessity of pistol permits.

“Yes, it does generate funds for the sheriff’s office but they use it for equipment and training,” Thompson said.

Photo credit aliengearholsters.com

Thompson said it is important to remember not everyone who applies for a permit is able to get one, depending on their criminal background. Doing away with permits would open up the ability for anyone to carry without fear of being questioned by an officer.

With the current Alabama laws, officers have the right to check a gun found in a vehicle. From there they can find out if the person in possession of the gun is legally within their rights. They can also determine if the weapon is stolen.

That current law has helped in many cases, for officers to locate stolen guns or identify those who are carrying illegally, Thompson said.

“If this passes, it is going to take a very important tool away from law enforcement,” Thompson said. “I know some people will say that bad guys will always have guns whether it is legal or not. That might be true. But the current law allows us to investigate further. At least now, we can get the guns off the street when we find them in possession of someone who shouldn’t have them in the first place.”

Officers need to be able to check where these guns are coming from, Thompsons said. Currently, if someone is a convicted felon, or has crimes involving domestic violence, they cannot legally carry. But if officers are not allowed to investigate that, a lot of stolen guns may not be recovered, and people who shouldn’t have one could go undetected.

Thompson is a supporter of the Second Amendment, and thinks any legal citizen that can purchase a weapon should have that right. However, he said it is important that anyone carrying a gun has training, and the knowledge of how to use it as well as store it safely.

“I personally believe in citizens having a weapon in their home for protection if the need arises,” he said.

Alabama is an Open Carry state which means anyone, other than a convicted felon, has the right to open carry in plain view. There are some businesses/buildings that do not allow open carry, but usually signs are clearly visible at the entrance to the business. However, if a loaded weapon is in a vehicle, the current law states the owner must have a permit. This proposed legislation, if passed, would make it legal for those without a felony criminal record to have a loaded weapon in their vehicle.

Millbrook Police Chief P.K. Johnson has been vocal about his opposition to the proposed legislation. He has written a letter to area legislators asking them to vote no, and also addressed the subject at a recent Millbrook City Council meeting.

Below is the letter Johnson is sending to state legislators.

Dear State Legislator:

I am a state certified law enforcement executive, having served over thirty-three years, with the last 25 plus of those years serving the citizens of Millbrook. I was appointed Chief of Police in August of 2008. I am writing you today out of an abundance of concern with regard to the proposed “Constitutional Carry” legislation, which I understand is on the current legislative agenda. I understand that there are (3) bills that have been pre-filed in the House and Senate, which would legalize the carry of a concealed firearm without the need of a permit or license to do so. The legislation I refer to would be House bill 6, House Bill 44, and Senate Bill 6.

As a career law enforcement professional and longtime law enforcement executive, I am charged with protecting the citizens of Millbrook, as well as the men and women that leave their families each day/night to protect the citizens that we serve. The men and women of law enforcement have taken a solemn oath to support the Constitution of the United States of America and the Constitution of the State of Alabama, so we are strong supporters of the 2nd Amendment and the rights of law abiding citizens to protect themselves. The overwhelming majority of the citizens of the State of Alabama are law abiding and productive citizens. That said, there are those in our society who have no business possessing a firearm, particularly one that is concealed from view, be it on their person or concealed from view in a vehicle.

During a recent meeting of law enforcement officials, a local (River Region) Sheriff relayed a recent investigative traffic stop, which led to multiple stolen weapons being recovered, multiple offenders being arrested, and multiple Breaking and Entering Vehicle cases being solved. Sheriff’s deputies responded to a report of a suspicious vehicle driving through residential areas during early morning hours, which is not common. Deputies were able to locate and stop the vehicle. During the traffic stop, the deputies encountered four suspects, who were in possession of (15) firearms. Pursuant to their investigation, the four suspects were taken into custody, each being charged with Carrying a Concealed Weapon. It was later discovered that the majority of the weapons recovered during this investigation had been stolen from multiple locations in near-by residential areas. The offenders had been targeting vehicles which had been left open, some with firearms and other valuables unsecured. This, unfortunately, is a scene that plays out each day all across our state, as well as this great country.

Photo credit nraila.com

My concern is that should this proposed legislation be passed; we are taking a valuable tool away from law enforcement, which allows law enforcement to detain persons, make arrest, solve cases and most importantly recover illegal weapons, which contribute to the persistent and ever-increasing gun violence that plagues our society today. I don’t claim to have all the answers, but we must have some guidelines in place to restrict the ability for the criminal element to carry weapons concealed on their person or inside a vehicle. This represents a clear and present danger to law enforcement, who are putting their life on the line daily to protect our communities, as well as the citizens that we all serve.

In closing, I think you’d be hard pressed to find anyone in law enforcement that objects to a law-abiding citizen’s ability to obtain, possess, and legally carry a firearm in this state, concealed or otherwise. What we must not lose sight of is that there is an element in our society that will, unfortunately, be the unintended beneficiaries of this proposed legislation, should it pass. Intended or not, this legislation would make it easier to carry weapons concealed on their person or in a vehicle, as well as prevent law enforcement from apprehending them and recovering these weapons, many of them which have been illegally obtained, such as the case I outlined earlier. Many of these weapons, if not recovered, will remain on our streets, presenting a danger to the brave men and women of law enforcement, as well as the citizens and communities that we’re all sworn to protect.

I implore you to consider law enforcement’s stance on this issue, as it’s clearly not about generating revenue for sheriff’s departments. It is a public safety issue, plain and simple. If passed, this legislation will hamper law enforcement’s ability to protect those that we’re sworn to protect. I appreciate your time and consideration with regard to this legislation and I encourage you to vote No, due to the reasons that I’ve outlined. We must have some guidelines that allow law enforcement to readily identify those criminal offenders who have no business possessing concealed firearms, apprehend those offenders, and remove those firearms obtained illegally from their possession, making our communities safer in the process. I will make myself available to respond to any questions that you may have on this or any other issue. Again, thank you for your time. May God continue to Bless the great State of Alabama!!!

Sincerely,

Chief P.K. Johnson

Millbrook Police Department

pk.johnson@cityofmillbrook-al.gov