Bill would make it a crime not to tell law enforcement about concealed guns

February 4, 2025 - MONTGOMERY, AL - There are millions of guns in Alabama. By most counts there are more guns than there are people in the state. It is legal in the state for most Alabamians to carry a gun on their person and/or in their vehicle concealed. A new bill before the Alabama Legislature would make it a criminal act not to tell law enforcement about a gun on a citizen's person or in their vehicle at any law enforcement interaction.

House Bill 58 is sponsored by State Representative Christopher J. England (D-Tuscaloosa).

"Under existing law, when asked by a law enforcement officer a person has a duty to inform the officer whether he or she is in possession of a concealed pistol or firearm. There is no penalty associated with a violation of this law. This bill would provide a criminal penalty for a violation."

Any law abiding gun owner would have to reveal his or her weapons status to a law enforcement officer if this bill passes the Alabama Legislature.

The bill would, "Establish a criminal penalty for failure to inform a law enforcement officer of one's possession of a concealed pistol or firearm under certain circumstances."

The bill would ament Section 1. Section 13A-11-95 of the Code of Alabama 1975, to read:

'(a) Any person who knowingly possesses a pistol or firearm concealed on or about his or her person or in a firearm concealed on or about his or her person or in a vehicle occupied by the person, and who is asked by a law enforcement officer operating in the line or scope of his or her official duties whether he or she is armed with a concealed pistol or firearm, shall immediately inform the law enforcement officer that the person is in possession of a pistol or firearm."

According to England's fiscal note, "House Bill 58 as introduced could increase receipts to the State General Fund and municipal general funds from fines; increase receipts to the State General Fund, county general funds, municipal general funds, and other funds to which court costs are deposited."

In other words the state, municipalities, and the courts will all make money collecting fines and penalties for prosecuting gun owners who are found not to be in compliance with this law if it were to pass.

Now it could become a money loser for the state and counties if they actually jail people for violation of this new law.

"Could increase the obligations of the State General Fund, district attorneys, and local jails by an undetermined amount dependent upon the number of persons charged with and convicted of the offenses provided by this bill and the penalties imposed."

The introduced version of the bill does not state what exactly the criminal penalties would be. Presumably that would be better defined as the legislation moves through the legislature.

Some gun groups oppose this legislation because it puts gunowners in unnecessary legal jeopardy. Some argue that it is not the business of the state,

"I can't imagine why you would do that unless you were just discouraging everyone from having a gun," said gun enthusiast, avid hunter, and attorney Harry Still III.

Similar legislation has faced opposition from pro Second Amendment rights groups.

The Alabama Legislative regular session begins on Tuesday, February 4. At this point 167 bills, including this one, have already been prefiled a head of the session.

HB58 has been assigned to the House Judiciary Committee where England is the ranking minority member. The Judiciary Committee is chaired by Rep. Jim Hill (R-Odenville).

The committee could consider this legislation as early as this week.