MONTGOMERY, Ala. — In the wake of the deadly shooting in Dadeville in April, Alabama Democrats filed a number of bills aimed at reducing gun violence. A number of those bills were filed by Rep. Phil Ensler, D-Montgomery, though all ultimately stalled in the Legislature and never became law.
Now, Ensler says he’s ready to file many of the same bills again for the 2024 legislative session, bills that would ban trigger activators and create red flag laws, among other things.
“Every life that has been lost from gun violence is tragic, and there are residents, families and others right in my district that have lost loved ones to gun violence, specifically from weapons that were modified with a Glock switch or one of these trigger activators,” Ensler told Alabama Daily News Friday.
“Just hearing directly from families that are so traumatized and heart broken from having lost a family member… they come up to me and plead with me to do something. These bills are that, they are doing something.”
Gun violence has increased over the years in Alabama, with the rate of gun deaths increasing by 54% from 2012 to 2021, compared to the national increase of 39%. Of the average 1,149 firearm deaths per year in the state, a much greater share are homicides when compared to national data, with 47% of firearm deaths being homicides, and 49% being suicides, compared to the national rates of 40% and 57%, respectively.
One of those bills would establish a procedure for removing firearms from those determined by a judge to be an immediate and present danger to themselves or others, often referred to as a red flag law. While not filed yet, Ensler said the bill is largely similar to the one he introduced during the past legislative session.
Red flag laws are often fiercely debated along partisan lines, with many in the Republican Party arguing that such laws don’t allow for due process and violate the Second Amendment. Rep. Ron Bolton, R-Northport, considers himself among that group.
“My position on that is I’m not a fan of red flag laws because I believe in due process, and there’s just too big of a chance that that can be utilized as a weapon against somebody that somebody’s angry at,” Bolton told ADN Monday.
“There’s all kind of pitfalls regarding the red flag law, and I don’t think any state has a good one yet. I’m just not a supporter of them, not a fan of them.”
Other Alabama Republicans, such as Rep. Jerry Starnes of Prattville, were more open to the idea, so long as the process was adequately thorough, and carried out by the appropriate authority.
“If it was a probate judge for mental health where there’s mental issues, and they’re well documented, I would be for that because I think a lot of our gun issues deal with mental health,” Starnes told ADN Monday.
Another of Ensler’s bills would ban trigger activators, which are weapon modifications that allow for a semi-automatic firearm to fire multiple rounds in quick succession, similar to that of a fully-automatic firearm. Alabama currently has no law banning such devices.
One key difference in the new version of the trigger activator ban bill when compared to the previous version, Ensler said, was that first-time offenders would be made to perform community service, rather than receive prison time.
“The reason for that (change) is what I’m hearing from law enforcement is that it’s a lot of younger individuals that have these, and what I don’t want to end up with is a situation where we’re just throwing men, particularly young black men in prison,” he said.
“But on the other hand, we do want to make sure that there are consequences and that everybody knows that these things are dangerous, and if you’re found with one, you will be held responsible for it.”
The ban on trigger activators was another proposal Ensler may see some bi-partisan support for, with Bolton having supported the previous version of the bill, sometimes to the ire, he said, of his conservative colleagues.
“I was on board with that one the last time because up in Birmingham, they’re having all kinds of problems with the gangs…,” Bolton said.
“Of course, I’m big with the gun guys, so I’ll be getting calls from them, but I have talked to them about this last time (when) it was presented, and of course I had some people around the state that didn’t like it, but my local guys, I’d already told them I’ll probably have to support this.”
Another gun safety measure Ensler intends on proposing is the creation of a voluntary do-not-sell list, which Alabamians, at their own discretion, could ask to be placed on.
“The evidence shows that when someone does own a firearm, they’re more likely to commit suicide with that firearm, so this would be for people who know they’re maybe not in the best head space, they may feel that having a gun in their possession is not best for them, their own safety or the safety of their loved ones,” he said.
“This would be an opportunity where they, completely on their own, can put themselves on that voluntary do-not-sell list.”
On the creation of a voluntary do-not-sell list, Starnes said he wouldn’t be opposed to it given that it was entirely voluntary. On the other hand, Bolton said it would be largely toothless, and said that “the people that are going to be a danger to somebody aren’t going to do that anyway.”
Ensler said that he drafted his bills with the feedback of police departments, sheriff’s offices and district attorneys, and that the feedback he received from law enforcement had been “very supportive.
“Generally speaking, the response has been very supportive, especially on the trigger activators,” he said.
“There is no state law banning the possession or sale of those, so what happens is when law enforcement find these devices, they have to refer them to federal prosecutors, and lower level offenses, they don’t necessarily have the staff or the resources to file those charges.”
Other bills that have yet to be finalized include the creation of a violence prevention office as part of the Alabama Department of Economic and Community Affairs, which, through grant funding, could help create conflict resolution programs for troubled youth in public schools.
Another proposal that could garner bi-partisan support, Bolton said he would strongly support measures to proactively target gun violence through conflict resolution programs for troubled youth, but ultimately, his support would be contingent on specifics.
“I’m all for anything like that, but I’d have to look and see the details on that because that’s going to come down to an Education Trust Fund budget matter,” Bolton said.
“I like the concept; anytime I can keep a young person out of trouble, I’m all on board if we can justify the means of doing it. I don’t object to having a program like that, I’d just have to see the details.”
Anticipating some pushback, Ensler went on to note that all of his bills were consistent with protecting people’s Second Amendment right to own a firearm, and that the proposals were merely tools to help reduce gun violence in Alabama, which in 2021, had almost 26 gun violence deaths per 100,000 residents, the fourth-highest rate in the country.
“I know that no one law or a thousand laws will stop every act of gun violence, but these are measures that, individually, can make some difference,” he said.
“Collectively, (they) can help save some lives, and all very much uphold the Second Amendment. They would help law enforcement, but most importantly, they are things that have proven to be effective in the cities or states that they have been adopted in.”
The 2024 legislative session will begin in February.