Alabama law makes it explicitly clear that the state legislature has “complete control over regulation and policy pertaining to firearms, ammunition, and firearm accessories”, in part to prevent localities from passing unconstitutional restrictions on the right to keep and bear arms, but also to “ensure that such regulation and policy is applied uniformly throughout this state to each person subject to the state’s jurisdiction”.  A patchwork quilt of local ordinances can be impossible to follow, and subject lawful gun owners to fines or jail time for unknowingly violating a town’s restrictions. 

Despite the clear language in state statute, Montgomery officials are moving forward with a new ordinance requiring gun owners to carry ID with them when they’re exercising their right to bear arms. 

Montgomery Mayor Steven Reed Friday ratified an ordinance that requires people to have photo identification when they carry a concealed weapon within the city limits.

“This gives law enforcement a tool to ensure proper identification is held in situations where an individual may be stopped and weapons are recognized,” Reed said during a news conference Friday.

… The ordinance authorizes  law enforcement to confiscate people’s firearms if they do not have a valid identification with them while they are carrying a concealed firearm. However, people may retrieve their firearms within 30 days by presenting a valid identification, proof of ownership and by paying a fine.

No details were provided regarding the amount of the fine.

The ordinance allows law enforcement to identify people who are carrying a concealed firearm, and then cross check them against the state database to ensure they are permitted to possess a firearm in public. 

Not only does this ordinance violate Alabama’s preemption law, I’d argue it violates the Fourth Amendment rights of gun owners in Montgomery. Bearing arms isn’t evidence of any crime, so it doesn’t give police probable cause to stop and detain them for questioning. And if a firearm is discovered during the course of an unrelated stop, law enforcement is still going to have to figure out the identify of the individual they’re dealing with before they can be charged with a crime. Requiring every lawful gun owner to carry a photo ID with them just reeks of a “papers, please” mentality seen in Communist regimes like North Korea and China. 

Though the Alabama AG’s office has already weighed in and pointed out that the local ordinance is clearly invalidated by state statute, Reed and several city council members are adamant that it will be enforced starting this week. Frankly, the understaffed Montgomery Police Department has much bigger fish to fry than looking for anyone carrying a firearm without a photo ID. The department is supposed to have 490 officers, but the local FOP says the number is actually about 290 officers in uniform. Oddly, Mayor Reed was touting Montgomery’s declining violent crime in response to the FOP just a few months ago, claiming homicides had fallen by 30% and non-fatal shootings had dropped by 10%. 

When Reed is pushing for more gun control, Montgomery’s a dangerous place. When police are pushing for more bodies in uniform, Reed portrays Montgomery as a modern-day Mayberry. Funny how that works… or at least it would be if it weren’t so pathetic.