HB 450: What It Means for Montgomery

Disclaimer: The City of Montgomery provides this information to help residents understand proposed state legislation that could affect local governance.

Overview

HB 450 is a proposed state bill that would require individuals possessing a firearm in certain municipalities to carry valid identification and produce it upon request by law enforcement.

The bill applies to Class 1 and Class 3 municipalities, which include Montgomery. It establishes a misdemeanor penalty for failure to possess valid identification while in possession of a firearm in those municipalities.

FAQ

1. What would HB 450 require?

• HB 450 would make it unlawful for an individual to possess a firearm in a Class 1 or Class 3 municipality without valid identification.
• The individual would be required to produce valid identification upon request by law enforcement.
• A violation would be classified as a Class C misdemeanor.

2. Which cities would HB 450 apply to?

• Class 1 municipalities (Birmingham).
• Class 3 municipalities (Montgomery and Huntsville).
• The bill does not apply to all municipalities statewide.

3. What happens if someone does not have identification?

• The offense would be a Class C misdemeanor.
• If the individual later produces valid identification in court, the charge may be dismissed and eligible for expungement, as outlined in the bill language.

4. Does HB 450 reinstate a concealed carry permit requirement?

• No. HB 450 does not reinstate a permit requirement.
• The bill focuses only on requiring valid identification while possessing a firearm in the specified municipalities.

5. How is HB 450 different from Montgomery's previous ordinance?

• Montgomery previously adopted a local ordinance requiring identification for concealed carry.
• That ordinance was repealed due to state firearm preemption concerns.
• HB 450 is a state bill. If enacted, it would be state law and would not present the same preemption issue.

6. How could HB 450 affect Montgomery Police Department (MPD)?

If enacted:

• MPD would be responsible for enforcing the law as written.
• Operational guidance and officer training updates may be required.
• Legal review would ensure compliance with constitutional search and seizure standards.
• Public communication may be necessary to clarify requirements for residents.

7. Has HB 450 passed?

• No. HB 450 has been introduced and assigned to committee.
• It has not been enacted into law.

8. Will this law lead to random ID checks for people walking down the street?

• No. HB 450 requires identification to be produced upon request during a lawful stop or interaction.
• It does not grant law enforcement the authority to stop individuals solely for the purpose of checking for a firearm ID.

9. Does this apply to people with an out-of-state driver's license?

• Yes. The bill defines "valid form of identification" based on Alabama Code Section 17-9-30(a), which includes valid out-of-state driver's licenses.

What HB 450 Does and Does Not Do

• HB 450 requires valid identification while possessing a firearm in Class 1 and Class 3 municipalities.
• HB 450 establishes a Class C misdemeanor penalty for noncompliance.
• HB 450 provides a mechanism for dismissal if valid identification is later produced in court.
• HB 450 does not reinstate concealed carry permits.
• HB 450 does not prohibit firearm ownership.
• HB 450 does not eliminate constitutional rights related to firearm possession.