NRA-ILA | Alabama: Montgomery Passes Illegal Gun Control Ordinance and Ignores Firearm Preemption Law

Last week, on September 6, Montgomery, Alabama, Mayor Steven Reed signed a gun control ordinance requiring a valid photo ID to carry a concealed firearm in a vehicle or on one’s person in the City of Montgomery. Mayor Reed is the latest anti-gun elected official to liberally interpret state law to infringe on your Second Amendment rights. This egregious local gun control measure runs directly counter to the state’s firearm preemption statute and is an attempt at an end-around constitutional carry. 

The new city ordinance says that if a person cannot provide a valid photo ID, the firearm will be confiscated and held by the Montgomery Police Department for 30 days. To retrieve the seized firearm, the person must provide a photo ID, proof of firearm ownership, and pay a $150 fine. The firearm will be destroyed if the owner does not meet these qualifications after the 30-day hold. 

Mayor Reed said the ordinance demonstrates an action step regarding crime in Alabama’s capital city. However, this will only frustrate law-abiding citizens’ ability to exercise their right to carry for self-defense by creating a patchwork of conflicting local restrictions.

Thankfully, Attorney General Steve Marshall disagrees with the City of Montgomery, as a spokesperson from Marshall’s office released a statement saying,

The Montgomery City Council’s ordinance related to firearms violates state law. The Code of Alabama plainly states that the Legislature is the sole regulator of firearms and related matters.

This is important because Alabama has a strong state firearm preemption statute prohibiting localities like Montgomery from enacting their own carry restrictions.

NRA thanks Attorney General Steve Marshall for publicly defending Alabamians’ Second Amendment rights. NRA-ILA will continue tracking developments on this situation in Montgomery and explore taking action if necessary.