On Wednesday, Federal Firearm Licensees (FFL’s) began receiving phone calls and letters from the Department of Justice’s Bureau of Alcohol, Tobacco, and Firearms instructing them that they could no longer accept Alabama Concealed Carry Permits (CCPs) issued by Alabama’s Sheriffs as an alternative to completion of a National Instant Criminal Background Check System (NICS) check or after a NICS denial.
Monday, the Alabama Sheriff’s Association announced in a statement that “A procedure is presently underway to correct this error and restore acceptance of Alabama CCPs as an alternative for the citizens of Alabama and the FFLs.
The Alabama Political Reporter discussed the situation over the phone with Alabama Sheriffs Association Executive Director Bobby Timmons.
Timmons said that he did not know how many of Alabama’s 67 Sheriffs Departments were not in compliance with the NICS requirement; but guessed that it was “two or four.”
Timmons said that there will be a meeting today between the sheriffs, the Sheriff’s Association, and two representatives from the ATF office in Tennessee to discuss the situation and how to resolve it. Timmons vowed to get to the bottom of the issue in today’s meeting and would know more after today’s meeting.
The ATF letter indicated that some prohibited persons had been given Alabama CCPs.
Timmons rejected media reports claiming that felons had been sold CCPs by their sheriff..
Timmons said that that did not happen, “To my knowledge.”
Friday, the Alabama Sheriffs Association released a statement: “The U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives(BOJ/ATF) under the Enforcement Programs and Services released a Public Safety Advisory dated July 22, 2019, to all Alabama Federal Firearms Licensees (FFL’s) stating, based on recent information received from the Federal Bureau of Investigations, Criminal Justice Information Service Division Audit Unit, and upon results of inspections conducted by ATF Field Offices, ATF has determined that, notwithstanding the express requirements of Ala. Code §13A-11-75, Alabama Concealed Carry Permits (CCP) have been and continue to be issued to individuals without completion of a National Instant Criminal Background Check System (NICS) check or after a NICS denial.”
The Brady Handgun Violence Protection Act (Brady Act) requires that FFLs initiate a NICS check before transferring a firearm to an unlicensed person. For several years, the ATF allowed this requirement to be waived if the applicant has a valid Alabama CCP. Since the FBI is reporting that some Alabama sheriffs have not required the NICS to issue their CCP, the DOJ/ATF has revoked Alabama CCP holders ability to buy a firearm without waiting for the NICS at the store.
APR talked with St. Clair County Sheriff Billy Murray (R).
Sheriff Murray said that his office has been running NICS checks for all CCPs for years.
If you have a permit from us, then you were NICS cleared, Murray told APR. “All of our staff are NICS trained.”
It is a federal crime for a felon to even possess a firearm.
Alabama lawmaker pre-files legislation to allow removal of Confederate monuments
If passed, the measure would permit counties and cities to relocate historic monuments currently located on public property.
Alabama State Rep. Juandalynn Givan, D-Birmingham, introduced legislation this week in advance of the 2021 legislative session that, if passed, would permit counties and cities to relocate historic monuments currently located on public property. Givan’s bill, HB8, would also provide for the relocation of historic memorials to sites appropriate for public display.
“Across the state of Alabama, citizens are calling for the removal of prominently placed statues and monuments that are insensitive or offensive to the communities that surround them,” Givan said. “City and county governments must be able to address the demands of their citizens. This legislation provides a tool for local governments to safely remove these artifacts so that they can be moved to a site more appropriate for preserving or displaying the historical monument.”
Removing the monuments and historical markers is currently illegal under Alabama’s Memorial Preservation Act, which the state Legislature passed in 2017. Givan has been an outspoken opponent of that Republican-sponsored legislation. In 2018, Givan introduced a measure to repeal the bill that barred the removal of monuments.
“I believe HB8 can achieve bipartisan support,” Givan said. “My bill seeks to balance the wishes of the people. It respects the will of communities that want the monuments removed. It also respects those who wish to preserve history. With this legislation, Confederate monuments could be relocated to a public site, like Confederate Memorial Park, whose purpose and mission is to interpret and tell these stories. When the Legislature convenes, I hope to have the support of both the House of Representatives and the Senate.”
If enacted, HB8 would permit county and municipal governments to remove memorial monuments, including permanent statues, portraits and markers, located on public property in their jurisdictions. It would require a transfer of ownership of the removed monuments to the Alabama Department of Archives and History or the Alabama Historical Commission. Finally, the bill would instruct Archives and History or the Historical Commission to maintain and display monuments removed by local authorities in a location accessible for public display.
The Southern Poverty Law Center, which keeps track of Confederate monuments and memorials across the country, released an update to its Whose Heritage report, which tracks symbols of the Confederacy on public land across the United States. They report at least 30 Confederate symbols have been removed or relocated since George Floyd’s death on May 25, 2020.
These include 24 monuments removed, 5 monuments relocated and the Mississippi state flag replaced. Since the Charleston church shooting in 2015, 115 total symbols have been removed from public spaces. These include 87 monuments that have been removed or relocated from public spaces. At least 78 monuments were removed and nine were relocated.
SPLC says there are still nearly 1,800 Confederate symbols on public land, and 739 of those symbols are monuments. The SPLC has prepared an “action guide” to help community activists target Confederate historical markers and memorials for removal.
President Donald Trump has denounced what he calls “cancel culture” that seeks to remove historical monuments and statutes.
“There is a growing danger that threatens every blessing our ancestors fought so hard for, struggled, they bled to secure,” Trump said. “Our nation is witnessing a merciless campaign to wipe out our history, defame our heroes, erase our values, and indoctrinate our children.”
Marsh’s budget hearing compared to revenge porn
Senate President Pro Tem Del Marsh, R-Anniston, has scheduled a general fund budget hearing for early July — purportedly to prepare for the 2021 Legislative Session that begins in February.
But that is not the real reason for the budget hearing, according to Senate insiders who spoke on the condition of anonymity to avoid provoking Marsh. The actual purpose of public hearings, according to multiple sources, is to try to find a way to embarrass Gov. Kay Ivey.
In a press release from his office, Marsh says the budget meetings will focus on funding prison reform and rural broadband.
However, an agenda circulated for a July 9 budget committee meeting obtained by APR makes no mention of broadband and focuses entirely on the Ivey administration’s spending.
In the press release, Marsh said that the budget hearing is needed to address “a potential $2 billion-dollar prison reform proposal.”
But according to the Governor’s Office and published reports about Ivey’s prison reform plan, there is no mention of a $2 billion proposal as Marsh claims.
He also states that the other reason for the hearings is to address “a stunning lack of rural broadband investment.” However, broadband is not an item on the agenda.
Marsh’s enmity toward Ivey was on full display in the days after the governor revealed his “Wish list” in May, to spend federal relief money on a variety of projects only vaguely related to the economic crisis caused by the COVID-19 pandemic.
According to those who regularly interact with the Senate, he is still angry that Ivey exposed his plan to appropriate nearly $1.9 billion in federal relief money to finance pet projects, which included spending $200 million on a new State House.
The money the state received under the CARES Act was to be allocated to shore up business, citizens’ interests and institutions ravage by the shutdown due to the spread of COVID-19.
First, Marsh denied the existence of a “wish list,” then he said Ivey asked for it, and finally, he took ownership of the list and said he thought $200 million for a new State House is a “good idea.”
For weeks after the debacle, Marsh aided by some Senate Republicans tried to spin what happened without success.
Marsh had also wanted to use $800 million in CARES Act funds to build out rural broadband and had reportedly hoped to use the budget meeting to push his broadband plan forward.
Ivey blocked his plan to use CARES Act funds for pork projects and convinced the Legislature to reject Marsh’s preferred budget in favor of Ivey’s executive amendment.
“First Ivey made him look greedy and foolish and then she turned most of the Legislature against him,” said one of APR‘s sources.
Recently, Ivey was once again a step ahead of Marsh when just days after he announced his July budget hearings to consider broadband expansion, Ivey released her plan to spend $300 million on rural broadband, stealing his thunder.
According to APR‘s Senate sources, Ivey’s latest move was another blow to Marsh’s ego.
“Del, [Marsh] has power, but he’s never had to deal with a governor who knows how to counter him,” said another Senate insider.
Another regular observer of Marsh said, his latest move to hold budget hearings is akin to “revenge porn.”
“She dumped him, and now he wants to get even, sounds a lot like revenge porn to me,” the source said.
At the July hearing, Ivey Administration officials will be questioned on CARES Act spending, budgets for the department of corrections and pardons and parole.
Finance Director, Kelly Butler, will testify to what CARES funds have been spent and what remains.
ADOC Commissioner Jeff Dunn will be queried on several issues, including hiring, overtime pay, prison construction, and Holman prison’s status and personnel.
Pardons and Paroles Commissioner, Charles Graddick, will face the committee to discuss personnel costs, equipment purchases with an “emphasis upon computers, software, vehicles, office furniture and other substantial expenditures,” according to the document.
Lastly, the committee will question Personnel Department Director, Jackie Graham, to give an account for DOC and ABP&P personnel growth plans.
While it is wholly within the Legislature’s purview to approve and exercise oversight of government spending, this is not what the budget hearings are about according to APR’s sources.
According to several Senate insiders and others with knowledge of Marsh’s thinking, this is a move to paint Ivey’s administration as “out of control on spending.”
“This is a trap Marsh hopes to use for PR, but what if there’s nothing to see, how does he spin it,” asked an individual with close ties to the administration. “She’s kicked his tail before; she’ll likely do it again,” the source said.
Senate pro tem requests general fund committee begin hearings in July
Senate President Pro Tempore Del Marsh, R-Anniston, announced today that he has asked Senate Finance and Taxation General Fund Committee Chairman Greg Albritton, R-Range, to begin holding General Fund Committee meetings in preparation for the next session.
In an effort to be better prepared because of uncertainty in state revenue as a result of COVID-19 pandemic Senator Albritton has agreed with Senator Marsh and has invited Legislative Services, the Department of Finance, Pardons and Paroles, Corrections and the Personnel Department to provide updates to the committee.
“Typically, we begin this process closer to sessions however because of uncertainty about state income and possibility of special sessions, we felt like it was important to get started much earlier than usual in this process,” Senator Albritton said. “The Legislature has done an excellent job managing our budgets over the past few years. So much so that Alabama was able to weather the storm of the COVID-19 shutdown this year with little impact to our vital state services. We understand that we will not have final revenue projections until after July 15th, but we must continue to do our due diligence and ensure that we use taxpayer money sensibly.”
“We want to make sure that all public money is being used wisely, now and in the future,” Senator Marsh said. “We have many pressing issues facing the state such as a potential $2 billion-dollar prison reform proposal and a stunning lack of rural broadband investment which need to be addressed whenever the Legislature is back in session and it is our duty to make sure we are prepared and kept up to speed on these matters. Furthermore, the taxpayers deserve a clear and transparent view of how their money is being used.”
The hearings are scheduled to begin July 9 in the Alabama State House.
Part-time employee in lieutenant governor’s office tests positive for COVID-19
A part-time employee in Lieutenant Governor Will Ainsworth’s office, who the office said works only a handful of hours each week, tested positive for COVID-19 on Sunday, according to a press statement.
The employee, whose work area is separated from the rest of the staff, last worked in the office on the morning of Thursday, June 18.
All members of the office staff have been tested or are in the process of being tested for COVID-19 in response, and, thus far, no additional positive results have been reported.
In addition, the State House suite has been thoroughly cleaned and will remain closed until all employees’ test results have been returned.
Employees are working remotely from home, and phones are being answered in order to continue providing services to the citizens who need them.