PHENIX CITY, Ala. -- A group of Alabama sheriffs said Tuesday that current state gun laws limit their discretion in granting concealed carry permits and proposed legislation could further complicate their ability to confiscate weapons from potentially dangerous people.
Louisiana movie theater shooter John Russell Houser was denied a concealed weapons permit in Russell County in 2006. However, Sheriff Heath Taylor said Houser likely would have been given one under legislation passed in 2013 that says sheriffs "shall issue" concealed carry permits instead of sheriffs "may issue" them in cases involving applicants without felony convictions or other outstanding circumstances.
Taylor told a press conference in Phenix City that current law allows sheriffs to deny applications if they can provide reasons to support the denial in the interest of public safety. But he noted that law enforcement decisions may be overruled if the officials can't provide strong enough documentation or details despite personal knowledge of an applicant's past behavior.
Republican State Rep. Ed Henry of Decatur said law enforcement officials must simply provide reasons in writing for denying concealed carry permits.
"There's nothing in the law that says the sheriff has to issue a permit at 18, there's nothing in the law that removes their discretion, period," Henry said. "What they can't do - and what they loved to do before - is deny a pistol permit and not give a reason."
A portion of the state's concealed carry law says a sheriff must consider how much time has passed between a questionable incident and the date an application is made. Sheriffs who deny applications are required to provide written statements and evidence unless disclosing those details would interfere with an ongoing investigation.
Houser lived in Phenix City, Alabama - just west of the Georgia line - from 2005 to 2014. He was denied a concealed weapons permit because of domestic violence complaints and an arson arrest in the late 80s or early 90s, authorities have said.
"If he walked in our office in 2015, I probably couldn't use the fact that he had a report 10 years earlier but was never arrested, and he was arrested and acquitted of the arson case," Taylor said.
Houser, who also had lived in western Georgia, legally bought a gun from a Phenix City pawn shop in 2014 though his family voiced concerns in court over his mental stability and removed guns from the home. Houser fatally shot two people and wounded nine others in a Lafayette, Louisiana, movie theater before killing himself in late July.
Taylor said Alabama law enforcement officials are disturbed that Houser would likely have been able to legally carry a concealed weapon in the state given his past behavior and run-ins with law enforcement. The sheriff added that legislation proposed by Sen. Gerald Allen, R-Tuscaloosa, could complicate matters further if reintroduced.
The proposal would allow people without concealed carry permits to keep loaded guns in their vehicles. The current concealed carry law requires people without permits carrying guns in their vehicles to keep the weapons unloaded and out of reach. Allen argued that a gun owner's vehicle is an extension of their home and the Senate Finance and Taxation General Fund Committee approved his proposal Aug. 3.
Taylor and others said the proposal could create public safety concerns. While members of the sheriffs' association are unwavering Second Amendment rights advocates, he said, they also must safeguard the public.
Allen said the public safety concern is unfounded, adding similar laws haven't had negative impacts in neighboring states.
Allen's proposal failed to pass in a special session on the budget that ended Tuesday night. However, Taylor and other law enforcement officials said they wanted to voice concerns over the proposal in case it resurfaces.
"I do plan to introduce this in the next special session whenever the governor calls that," Allen said, adding he'd even introduce it a third time in the 2016 regular session if the measure doesn't gain traction sooner.