Alabama Sheriffs Association Director Bobby Timmons said pertaining to SB14, “As far as carrying a weapon in your car without a permit. We have no objection to that as long as they do a background check. Georgia has over 500,000 people over there and I got testimony right here, but every one of them had a background check. TN just passed a bill last year updating theirs that they got to have a background check. We have no objection to it if they have a background check. Now the way to get a background check is somebody gotta [sic] pay for it.”
Click here for the audio of Mr. Timmons at the SB14 public meeting.
First of all in my research Mr. Timmons either got confused with the facts or purposely said what he did to mislead the audience. Both Georgia and Tennessee require no background checks to carry a handgun loaded in ones vehicle without a permit. Louisiana, Texas, Arkansas, South Carolina, and Kentucky allow the carrying of handguns without a permit. And if you read what he said he confuses the facts as we all know there are way more than 500,000 people living in Georgia unless he meant 500.000 permit holders.
He went on to use a tactic that I have watched liberals and progressives use for years. And that is to state something with some truth to lead an audience to a false conclusion. In this case he used the story of the state trooper who pulled a car over and as she approached the car she was shot in the face. Mr. Timmons knows that a background check would not have stopped that. He went on to say that every day police officers are getting shot and killed just because they wear a badge. Once again Mr. Timmons knows that a background check in no way will prevent these random shootings. A criminal does not care about Mr. Timmons’s background checks and he is never going to submit to one.
Also he makes mention of LE officers getting killed in the line of duty as if it is one of the most dangerous jobs around. Actually it is not. LE is not even in the top 20 most dangerous jobs. There are more truck drivers and firefighters killed than LE. Now don’t take me wrong. LE is a very high stress occupation and it is dangerous but Mr. Timmons allusion to officer safety does not pass the test. There are at least 20 other occupations that are more deadly than Law Enforcement.
His comments about having to buy a license to drive a car hold no merit. Driving a car is a privilege given by the state. The right to defend one’s self is an inalienable right given to us by our Creator and the second amendment acknowledges and guarantees that right. One should not have to purchase a permit to exercise a right especially when it comes to one’s vehicle.
In my research concerning a number of southern states here is what I found:
(5) Possession in Private Conveyance.–Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person.
(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
(2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm in a motor vehicle if:
(A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a
firearm by § 39-17-1316; and
(B) Is in lawful possession of the motor vehicle.
Under most circumstances carrying a handgun in a vehicle is legal. Title 14 Sections 95; 95.1; 95.2; 95.6; 95.7; 95.8
(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in any enclosed container, compartment, or storage space installed as original equipment in a motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a loaded or unloaded firearm or ammunition, or both, or other deadly weapon in a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction. This subsection shall not apply to any person prohibited from possessing a firearm pursuant to KRS 527.040.
The Arkansas Attorney General has released an Official Opinion on Open and Permitless Carry on a journey. With confusion surrounding the law changes of 2013 this opinion gives some guidance to those who carry. An AG Opinion is just that an Opinion and not law but does carry weight with local Prosecutors and Police. The AG Opinion even states: “that legal gun owners are free to openly carry or ride with their weapons but should be ready to field inquiries from law enforcement personnel wondering why they’re carrying.” Handgunlaw.us highly recommends you read the opinion and use caution if you decide to Open Carry as the opinion is not Law. There is a case moving through the courts in Arkansas that will finally decide this issue. The opinion states that Open Carry without a permit/license is legal. The Opinion states Permitless carry either open or concealed while in a vehicle while on a “Journey” is legal in Arkansas. Concealed carry without a permit while on a journey in Arkansas is legal. Again read the opinion it is not that long and gives examples of what is legal and what is illegal and how the law should be applied. Again use caution.
46.15(b)(2) A person may carry a loaded handgun without a permit while in or heading directly to a motor vehicle or watercraft they own or control. The statute does not specifically state the handgun must be concealed while heading to the vehicle or watercraft, and 46.02, which requires concealment of a handgun while in a motor vehicle or watercraft, is not applicable to a person while the person is traveling, pursuant to said activities.
The above are facts that are not made up. Alabama remains the only state in the deep South that does not allow its citizens to carry a handgun in their vehicle without a permit. Now, since we have proven that LE is not a really a dangerous job as compared to other occupations one must ask what the real reason is that certain groups are so dead set against passing SB14. Could it be money? Could it be control?
I believe it to be both. Mr. Timmons gave himself away when he made these statements:
“Money collected from fees helps pay for equipment and training for sheriff’s offices,” He said if permit fee revenues go down, counties will have to make up the difference because those costs are not optional. (AL.com February 15, 2016. Mike Cason | email@example.com .) This explains why the County Commissioners were on hand to voice their opposition.
“It’s a bad piece of legislation,” Timmons said. “It’s going to get somebody killed.” Mr. Timmons knows better than to think a piece of paper will keep someone from getting killed.
Criminals can’t pass a background check and they still carry. They always have and they always will.
As for money, Tennessee sold more permits after passing permitless vehicle carry than they did before they passed it. What disappoints me is how many from LE went to Montgomery to uphold an opinion rather than uphold the oath they took. I am sure my opinion will not make some LE happy and what I write is my opinion and mine alone. I do not speak for BamaCarry. I can only think as the world heads farther and farther down a godless path of liberalism and corruption we will see more and more of what we saw in Montgomery… “We believe in the second amendment…but!
Note: Author incorrectly stated that LE was not even in the top 20 of dangerous jobs. Actually it should have read ” LE is not even in the top 10 most dangerous jobs”, which is correct.