Permitless concealed carry law not expected to increase gun violence

Jan. 8—Local law enforcement agencies and gun dealers say it's too early to tell if the state's new law allowing people to carry concealed handguns without a permit will cause a spike in gun violence, but they don't expect that result.

The new law, which went into effect Jan. 1, allows a person to legally carry a concealed handgun in public or in their vehicle without the previous requirement that they obtain a permit from the sheriff's office.

"In the past, if I thought you were shady, I wouldn't have to give you a permit," said Morgan County Sheriff Ron Puckett. "You could appeal that decision to the court, and I would have to prove to the judge why I denied the permit, but that has been taken away from me now."

Law enforcement officials still encourage gun owners to purchase permits, especially if traveling out of state. Many states that require permits will accept those issued in Alabama.

The National Rifle Association Institute for Legislative Action, which lobbied for the Alabama law, said 24 other states also allow permitless concealed carry.

"I don't expect more gun calls on the street, but it could (happen)," Puckett said. "I don't think we'll see more gun violence. I think the people who are going to commit gun violence will do it if they have a permit or not. They're criminals. They've been doing it regardless of the laws."

If gun violence does increase as a result of the law, the sheriff suspects it will involve motorists.

"There is always a possibility of road rage and with the availability of a gun being present in a vehicle now being greater because a permit is no longer needed, a shooting could occur," he said. "... I hope our citizens of Morgan County are smart enough not to get into a situation like that, but yes, something like that could always happen."

Mid-City Pawn and Gun Manager Howard Godbee said he saw about a 15% uptick in handgun sales at his Sixth Avenue store in Decatur last week, and says some of those sales are related to the new legislation. He said the compact and subcompact 9mm pistols have been the handguns of choice. He said "quite a few" women bought guns last week.

"The people who are buying are asking about the new permit law," said Godbee, a former police officer and mental health worker. "They know they don't need a permit anymore. That is why they are buying. Some might have had a (public intoxication arrest) when they were 18 and might have thought they couldn't get a permit.

"When they found out they didn't have to go to the sheriff's office to get a permit to carry one, they came to get one. That is the only motive I can see for the increase in sales. It really makes no sense. Some people just don't want to go to the courthouse."

He said before handguns can be purchased gun shops like his are required to do background checks on the purchaser. "It's the same test that the sheriff's office will conduct if you were to go there for a permit," he said, although sheriffs sometimes would have particularized knowledge about a local applicant that does not show up in the federal database used by gun dealers.

Melvlyn Crowden, owner of Bama Pawn and Gun on Beltline Road in Decatur, said she isn't seeing a spike in sales, "but it is early."

"We've had people ask us about it," she said. "We've always had open carry without a permit in Alabama. Now you can conceal carry. But I don't think we'll see more gun (issues). People will be arming themselves so they won't be as fearful of those with firearms.

"It will affect the average consumer who wants to carry something for protection. They'll feel more confident. Now that you aren't required to have a permit, you might have a gun that grandpa left you and decide you will carry it. It opens up a whole other realm of customers. And that's a good thing. There's just too much craziness going on anymore."

The law was sponsored by Rep. Shane Stringer, R-Mobile, in last year's legislative session. According to The Associated Press, Republican lawmakers who previously opposed the legislation said they were more comfortable voting for it this time because the state was developing a "prohibited persons" database to help officers flag people who are banned from possessing a handgun because of their criminal history or a court adjudication of mental illness. The database was mandated by an earlier state law creating an option to get a lifetime concealed carry permit.

"You can conceal carry if you haven't been arrested and put on that prohibited list," Puckett said.

State law says to be eligible to carry a handgun, a person must be at least 18 years old; have no convictions for a violent crime, which includes misdemeanor domestic violence; have not been adjudicated as mentally deficient; and not have an active protection-from-abuse order against them.

Puckett and others in law enforcement said they are continuing to keep their officers informed on the latest laws, but haven't implemented new policies or training to deal with the permit change.

Lawrence County Chief Deputy Brian Covington said he doesn't anticipate any changes to department policy, either.

"We always anticipate that everyone is carrying a weapon," he said. "We're getting more people calling in asking what they need to do. But folks need to remember, just because you don't need a permit, that doesn't mean you can carry it anywhere.

"Private businesses have the right to refuse a firearm on their premises. That hasn't changed. They still have their private property rights. At the courthouse, you still can't carry a firearm in the building. You will be turned away."

Floyd Johnson, Athens police chief, said he is urging his supervisors to talk with the officers about the permit change.

"They've given the officers the law to read and ask questions about," he said. "We went back last week for everyone to read the law again. There are a lot of unknowns. I've gotten a ton of calls (from the public) about it here at the office."

He said he's recommending that people who travel a lot get a permit.

"Other states have done this, and they haven't had a significant problem," Johnson said. "It may take a little time to get the wrinkles ironed out. A year from now, the Legislature may want to take a look at it, see where we are and may need to adjust."

He said his department may look at tweaking policies in the spring. "We'll see what problems if any and address those."

The law requires that people declare that they are carrying a concealed gun or a gun in a vehicle if asked by law enforcement.

An officer with a reasonable suspicion that a person is about to engage in criminal conduct can temporarily take a handgun and run it through databases to see if the gun was stolen.

An officer could also temporarily take a weapon if it is necessary for the safety of the officer or others. The weapon must be returned unless there is an arrest, or the person is posing a safety threat.

Before the law went into effect, people without a concealed carry permit could carry a handgun in a vehicle only if it was unloaded and locked in a compartment.

According to the Morgan County Sheriff's Office, Alabama permits are recognized by Mississippi, Georgia, Vermont, New Hampshire, Idaho, Montana, North Dakota, South Dakota, Arkansas, North Carolina and Indiana. South Carolina is the only Southern state that requires concealed carry permits but does not recognize a permit from Alabama.

The new law does not expand the places where a gun can be carried. Some federal laws prohibit the carrying of firearms in places like military bases and federal buildings. Alabama law prohibits the carrying of firearms in law enforcement buildings, courthouses and courthouse annexes, jails and prisons, schools, psychiatric facilities, drug treatment facilities and half-way houses.

The owner of private property may also prohibit others from carrying a firearm on their property.

— mike.wetzel@decaturdaily.com or 256-340-2442. Twitter @DD_Wetzel.