Alabama law makers hope the proposed bills will allow parents to teach their children about gun safety without breaking the law in the process. Photo courtesy JoeBake, Flickr Commons.
A proposed bill in the Alabama House of Representatives and Senate would allow minors to handle pistols as long as they have parental consent and are in the presence of a guardian.
As it stands, it is illegal for anyone under 18 to so much as hold a handgun, even if a parent hands it to them.
Guns have long been a deeply entrenched part of Southern culture. Roughly 57.2 percent of households in Alabama own guns, according to a recent report by the Violence Policy Center. However, the proposed bills, HB328 and SB262, have some concerned over the possibly deadly implications of arming teenagers with handguns.
It’s not uncommon for minors to arm themselves and go hunting in Alabama, but that is typically done under the supervision of a parent. The proponents of HB328/SB262 said the bill is meant to make it easier for minors to acquire handguns for hunting purposes, as well as do away with some of the technical requirements surrounding records of gun sales within the state.
“This bill would eliminate certain record-keeping and administrative requirements and make technical nonsubstantive [sic] changes,” the bill reads. “Existing law also prohibits a person from delivering a pistol to a person under the age of 18 years or to a person who has been convicted of a crime of violence or is a drug addict, a habitual drunkard, or of unsound mind.”
Alabama State Rep. Ed Henry, R-Cullman, said there has been a flood of misinformation surrounding this bill. Despite initial reports, the bill would not allow for minors to be able to purchase handguns, Henry said. Because of this, he was reticent to speak to the media about the bill that he is sponsoring.
“I have a strict policy that I don’t speak to the press because as a general rule, they usually get it wrong,” Henry said, before explaining what he hopes to accomplish with the bill. “But I’ll give you a chance to get it right.”
Henry said he wants minors to be able to learn about gun safety under the supervision of a parent or certified instructor. Also, he wants to update the “antiquated” system of record keeping with local gun dealers who have to hold on to the paper receipt of every gun they’ve sold as well as register the sale with the federal database.
“Right now in the state of Alabama there is no provision for anyone under the age of 18 to even have a pistol in their hand,” Henry said, adding that if he wanted to take his daughters out to learn about gun safety, the second he hands them a .22 caliber pistol he would be breaking the law.
“We’re the only state in the nation that does not have some provision for a minor to have a pistol in their hand,” Henry said. “For instance, my youngest daughter is on a fieldtrip today to learn about gun safety. And I wouldn’t be surprised if the instructor handed one of them an unloaded pistol, which in Alabama is technically against the law as it stands now.”
In 2010, the Center for American Progress (CAP) ranked Alabama as the third worst state in terms of gun violence with the number of gun-related deaths 65 percent higher than the national average with 5.9 gun deaths for every 100,000 people.
The CAP study said that guns take the life of an Alabamian every 11 hours. Between the years 2000-2010, 7,665 people were killed by guns in Alabama. That’s approximately 50 percent more than the combat deaths in Iraq and Afghanistan combined during the same years.
Cathie Whittenburg, communications director for States United to Prevent Gun Violence, said that there could be potentially deadly consequences for letting children have easier access to handguns.
“Handguns are very different than long guns,” Whittenburg said. “It’s a very different thing to have a rifle to go hunting with your dad or somebody as opposed to just having a pistol to be used for who knows what.”
“I just don’t see why a minor should be able to have a handgun, even if a parent is present or it’s on their property,” Whittenburg said.
The National Rifle Association, which is backing the bills in the Alabama Legislature, believes the “overly restrictive” laws against minors being able to use handguns should be repealed.
“These bills also seek to remedy Alabama’s overly restrictive prohibition on the possession of pistols by individuals under the age of 18,” the NRA said in a press release. “Alabama is one of the only states that enforces an absolute prohibition on the transfer of pistols to minors.
“As a result, a person can be held criminally liable for taking their son or daughter to the shooting range to teach them firearm safety. Boy Scouts cannot legally qualify for pistol shooting merit badges. No exception exists for competition shooting or shooting sports.”
Sen. Arthur Orr, R-Decatur, who, like Henry is sponsoring the bill, gave a similar reason for supporting the law’s enaction. Orr said that if he is out on the “back 40” and he wants to give his son a chance to shoot “at a squirrel on a log or at a can,” then he should be legally able to do so.
As for the second part of the bill, which will eliminate certain record keeping requirements for Alabama gun dealers, Orr explained the idea was to reduce record duplication.
“The federal government, through the [Bureau of Alcohol Tobacco and Firearms], have a whole bunch of regulations regarding the sale of firearms so you have a real duplication in the record keeping functions for merchants here,” Orr said.
“So the idea is to reduce that duplication. We’ve checked with the Sheriff’s Association and with other law enforcement organizations, and they are all fine with it. They actually prefer not to be hassled with having to keep all the records because they know they are being kept by the ATF,” Orr said.
Henry said that gun stores have “huge files of paper receipts” of sold firearms that are already being stored in an electronic database with the federal government.
“We’re doing our part to cut back on that paper usage and global warming,” Henry said with a chuckle.
Henry said that he expects the bill to pass, although there may be some minor tweaks made to its language. The bill has already made it through the Senate Committee. He does not know exactly when the vote will take place.
