On Tuesday, Rep. Chris England, D-District 70, presented HB58 before the Alabama House Judiciary Committee.

Under current Alabama law, an individual is required to inform a law enforcement officer if they are carrying a concealed pistol or firearm when asked, however there is currently no criminal penalty associated with breaking that law. HB58 would add a criminal penalty of a Class A misdemeanor for individuals who fail to disclose their possession of a concealed firearm when asked by an officer.

England expressed that he was only interested in making current Alabama law enforceable and that multiple district attorneys and law enforcement officers stood in support of the bill.

Following England’s introduction of the legislation, a public hearing was held. 

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.

Seanor also explained that the NRA believes HB58 could violate the Fifth Amendment by compelling individuals to provide potentially self-incriminating information to a law enforcement officer. Seanor gave an example of an individual who may not know they are in a possession of a concealed firearm, thus incorrectly informing an officer that they do not have one, resulting in them being charged with a misdemeanor.

Multiple members of the committee expressed confusion over Seanor’s argument that the bill would violate Alabamian’s Fifth Amendment rights. Rep. England also pointed out that the language of the bill stipulates that it only applies to individuals who are knowingly in possession of a concealed pistol or firearm. When asked if the language of the bill could be amended in a way that would alleviate those concerns, Seanor expressed that the NRA was uninterested in making the bill “workable.”

“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.”

Rep. Russell Bedsole, R-District 49, who is himself a member of law enforcement, said that he does not believe the bill will change how law enforcement operates and that he considered the bill a “non-issue.”

Following the public hearing, HB58 was ultimately tabled to be voted on by the committee when they reconvene next week.