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  • Writer's pictureTara Bailey

Gun Legislation in Alabama

As our country grapples with how to address the ever growing problem of gun violence, we at The Alabama Channel thought it would be good to take a look at the past and present legislation involving firearms in our state. We will be updating this blog post as these bills make their way through the 2023 session.


*Note: News stories were gathered from Democracy Matters and were gathered at the time this blog post was published.


2023 (Bills that have been discussed in the legislature as of 4/17/23)

2023 (Bills filed by legislators that have yet to be heard in committee as of 4/17/23)

2022 (Some of the bills that were discussed in the 2022 legislative session)

2022 (Some of bills that were filed by legislators that were never discussed in committee)

 

2023 (Bills that have been discussed in the legislature as of 4/17/23)


House Bill 234 (HB234) Under existing state law, a person who possesses, obtains, receives, sells, or uses a short-barreled rifle or short-barreled shotgun is guilty of a Class C felony. A person may only lawfully possess or use these prohibited firearms if the person meets certain federal requirements. This bill would prohibit the possession, sale, or use of a trigger activator that is designed or intended to allow a firearm to shoot more than one shot with a single pull of the trigger, and would provide criminal penalties for a violation. This bill would further provide for the duties of a law enforcement officer during an investigatory stop, to provide that when the officer takes a firearm, or part or component of a firearm, into temporary custody, in addition to other requirements provided by law, the officer may only return the firearm or parts or components thereof that are lawful.



HB234 In The News

NRA opposing proposed gun laws filed in Alabama Legislature - 1819 News

1819 News • Apr 15, 2023

 

House Bill 64 (HB64) Under existing law, certain persons are prohibited from owning, possessing, or having under their control a pistol or other firearm. This bill would provide that no alien who is in the United States unlawfully or through a nonimmigrant visa provided by the federal government may own, possess, or have under his or her control a pistol or other firearm. This bill would provide persons in violation of this provision are guilty of a Class C felony. This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.


4/5/23 - HB64 heard in the Alabama House Judiciary Committee

HB64 In The News

Alabama bill would ban those in country illegally from possessing gun - AL.com

AL.com • Apr 06, 2023


Alabama bill make would it a felony for immigrants to have a gun if here illegally - AL.com

AL.com • Mar 13, 2023

 

House Bill 28 (HB28) Under existing law, persons with lawful pistol permits are exempt from the proscription that no person may knowingly, with intent to do bodily harm, carry or possess a deadly weapon on the premises of a public school. This bill would remove this exemption. This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.


3/22/23 - HB28 heard in the Alabama House Judiciary Committee

HB28 In The News

Alabama: House Republican Majority Moving Anti-Gun Bills - NRA ILA

NRA ILA • Apr 12, 2023


Bill limiting firearms on school grounds set to be reheard in committee - Alabama Daily News

Alabama Daily News • Mar 30, 2023


State Rep. England introduces bill to disallow pistol permit holders… - 1819 News

1819 News • Mar 01, 2023

 

House Bill 123 (HB123) by Rep. Barbara Drummond (D–Mobile County) This bill would provide a criminal penalty for a parent or legal guardian that does not reasonably secure their firearm which results in their minor unlawfully possessing the firearm on the premises of a public school.


4/12/23 - HB123 heard in the Alabama House Judiciary meeting.

HB123 In The News

Alabama House committee approves bill requiring safe storage of ... - Chattanooga Times Free Press Chattanooga Times Free Press • Apr 13, 2023


Bill limiting firearms on school grounds set to be reheard in committee - Alabama Daily News Alabama Daily News • Mar 30, 2023



 

2023 (Bills filed by legislators that have yet to be heard in committee)


House Bill 12 (HB12) by Rep. Chris England (D-Tuscaloosa County) Under existing law, a person has a duty to inform law enforcement upon request when he or she is in possession of a concealed pistol or firearm. Under existing law, no penalty for a violation of this duty is listed. This bill would provide that failure by a person to inform a law enforcement officer that he or she is in possession of a concealed pistol or firearm upon request is a Class A misdemeanor.


House Bill 181 (HB181) by Rep. Mack Butler (R-Etowah County) Under existing law, a financial institution is not expressly prohibited from disclosing a customer's financial records in general, nor is it prohibited from disclosing its payment card records related to transactions categorized as firearms transactions. This bill would establish the Second Amendment Financial Privacy Act prohibiting a financial institution from disclosing a customer's payment card records related to firearm transactions, with certain exceptions, and from engaging in certain discriminatory conduct toward a merchant or customer engaged in these transactions.This bill would also amend existing law to expressly prohibit a bank or other financial institution from disclosing a customer's financial records, with certain exceptions.This bill would allow the Department of Finance to disqualify a financial institution from the competitive bidding process for state contracts due to the institution's admitted violation of the act or the institution's public statements of its intent to enact policies that would violate the act. This bill would establish civil penalties for violating the act.


House Bill 301 (HB301) by Rep. Reed Ingram (R-Elmore County, Montgomery County)

This bill would establish a list of criminal offenses which are deemed to be felonies dangerous to human life. This bill would provide enhanced criminal penalties for the possession, brandishing, or discharge of a firearm during the commission of a felony dangerous to human life. This bill would provide prohibitions on the possession of a firearm by certain individuals released on bond or personal recognizance when the underlying criminal offense for which the person was arrested is a felony dangerous to human life. This bill would prohibit the possession of a firearm by certain individuals previously convicted of a felony dangerous to human life within a 25-year period. This bill would also provide criminal penalties for a violation.


Senate Bill 126 (SB126) by Sen. Merika Coleman (D-Jefferson County) This bill would establish the Gun Violence Protective Order Act. This bill would authorize courts to issue ex parte gun violence protective orders and one-year gun violence protective orders, which may be authorized if the court finds that the respondent, as defined, poses an immediate and present danger of causing personal injury to self or others. This bill would provide that upon the issuance of an ex parte or one-year gun violence protective order, the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition of which the respondent has custody, control, ownership, or possession. This bill would provide for the renewal or early termination of a one-year gun violence protective order under certain conditions. This bill would provide criminal penalties for a violation.

 

2022


House Bill 272 (HB272) by Rep. Shane Stringer (R–Mobile) removes the requirement for Alabamians to acquire a permit to carry a concealed pistol on their person or in their vehicle. Gun rights activists are praising the legislation, calling it a victory for Second Amendment rights while police departments argued the law would make their jobs more dangerous and the public less safe.

3/2/22 - HB272 Public Hearing in the Alabama Senate Judiciary Committee Meeting

3/9/22 - HB272 in the House of Representatives

Not all meetings were captured by The Alabama Channel in 2022 so footage was not captured of the bill making it's way through the Alabama Senate or the House committee.


HB272 In The News Theredstonerocket - Police enforce Redstone's restriction against firearms | News ... 4 days ago

Alabama Daily News Legislative briefs for April 13 2 days ago

Governor Kay Ivey Governor Ivey Defends Alabamians' Second Amendment Rights ... Mar 10, 2022

New Alabama conceal carry law goes into effect in 2023 Dec 26

LIST: Laws taking effect across Alabama in 2023 Dec 28

Alabama Daily News Permitless carry law goes into effect Jan. 1 Dec 21

Selma Sun Permitless carry starts next week — Here's what you need to know Dec 29

NRA ILA Alabama: House Passes Constitutional Carry Feb 22, 2022

The Cullman Tribune ‘Constitutional Carry Bill,’ others become law Jan 3

1819 News State Rep. England prefiles bill to add criminal penalties to… Feb 16

NRA ILA Alabama: FINAL Version of Constitutional Carry Filed, Gathers ... Feb 4, 2022

Alabama’s new concealed carry law won’t apply to Redstone Arsenal Dec 2

Franklin County Times New year brings official end to concealed carry permit requirement ... Jan 31

1819 News State Rep. England introduces bill to disallow pistol permit holders… Mar 1

Alabama House committee approves bill to allow concealed carry ... Feb 16, 2022

Hartselle Enquirer MCSO answers common questions regarding permitless carry - The ... Jan 10

1819 News Counties claim loss in revenue from permitless 'constitutional' carry… Sep 14, 2022

With the new 'Carry Law' in effect, Alabamians may think about guns differently Dec 9

AL.com Alabama kneecapped its Thin Blue Line with a tire iron: ‘We’re defunding the police’ Feb 23, 2022

Alabama Senate passes permitless pistol carry bill Mar 3, 2022

America's 1st Freedom NRA-Backed Constitutional Carry Signed in Alabama | An Official ... Mar 11, 2022

Opelika Observer Lee County Sheriff's Take on Concealed Carry Bill | The Observer Mar 23, 2022

Opinion | Permitless carry one step closer to passing Feb 28, 2022

NRA endorses Gov. Kay Ivey Apr 13, 2022

NRA ILA Alabama: Legislature Adjourns Sine Die from 2022 Session Apr 8, 2022

Your Week in Review for February 20, 2022 Feb 26, 2022

Hartselle Enquirer Morgan County Sheriff's Office provides constitutional carry FAQs ... Mar 29, 2022

NRA ILA Alabama: Senate Passes Constitutional Carry Mar 3, 2022

UPDATE: Alabama K-12 bathroom bill, permitless carry bill, anti-riot bill pass Alabama House Feb 21, 2022

PolitiFact More states remove permit requirement to carry a concealed gun Apr 12, 2022

America's 1st Freedom What's Next for Constitutional Carry? | An Official Journal Of The NRA Mar 16, 2022

Permitless gun carry laws draw opposition from law enforcement Mar 11, 2022

Valley Times-News Candidates for Chambers County Sheriff participate in forum - Valley ... May 14, 2022

NRA ILA Alabama: State Representative Mike Jones Receives NRA-ILA ... Mar 24, 2022

Novogradac State HTC Program Descriptions Jul 13, 2016

Troy Tropolitan Troy Allows Guns on Campus in Vehicles Jan 23

Firearms News 25th State Goes Constitutional Carry Apr 5, 2022

Alabama Concealed Carry [Updated 1/31/2023] Dec 30, 2021

 

House Bill 513 (HB513) Relating to firearms; to amend Section 13A-11-62, Code of Alabama 1975, as amended by Section 1 of Act 2022-133, 2022 Regular Session, to revise the definition of shotgun.


3/20/22 - Clarification questions about HB513 on the house floor.


3/20/22 - HB513 discussion on the house floor

HB513 In The News

LIST: Laws taking effect across Alabama in 2023 - WIAT - CBS42.com

WIAT - CBS42.com • Dec 28, 2022


‘Constitutional Carry Bill,’ others become law - The Cullman Tribune

The Cullman Tribune • Jan 03, 2023


DeWine signs several more bills into law - WKBN.com

WKBN.com • Jan 05, 2023


146 new Florida laws take effect July 1 - WFLA

WFLA • Jun 28, 2022


Ralph Howard - Alabama Political Profile - Bama Politics

Bama Politics • Feb 27, 2023

 

Senate Bill 301 (SB301) Relating to firearms; to add Section 13A-11-72.2 to the Code of Alabama 1975; to establish certain sentencing requirements; to exclude certain offenders from being eligible for certain correctional programs; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.


3/16/22 - SB301 is discussed in the Alabama Senate Judiciary Committee


 

2022 (Bills filed by legislators that were never discussed in committee)


House Bill 462 (HB462) by Rep. Neil Rafferty (D-Jefferson County) Under existing law, a person convicted for certain crimes may not possess, purchase, or transfer firearms. Existing law does not provide a method for an individual to restrict his or her own legal ability to receive, transport, or possess firearms due to a fear that he or she may become a risk to himself or herself or others. This bill would create the Voluntary Alabama Firearms Do-Not-Sell List and would allow an individual to restrict his or her ability to purchase or possess a firearm by voluntarily adding his or her own name to the Voluntary Alabama Firearms Do-Not-Sell List when there is a fear that he or she may become a risk to himself or herself or others. This bill would also provide methods by which an individual on the Voluntary Alabama Firearms Do-Not-Sell List may remove his or her own name from the list. This bill would also provide for criminal penalties for violations.


House Bill 460 (HB460) by Rep. Reed Ingram (R-Elmore County, Montgomery County)

Under existing law, a person convicted of certain offenses is prohibited from owning a firearm. This bill would provide for additional offenses that would prohibit a convicted person from owning or possessing a firearm or ammunition. This bill would provide various penalties for unlawful ownership of certain firearms. This bill would also establish certain sentencing requirements for firearm-related offenders and would exclude any convicted firearm-related offender from eligibility for certain correctional programs under certain conditions.


House Bill 326 (HB326) by Rep. John W. Rogers (D-Jefferson County) This bill would provide for certain storage requirements for loaded firearms. This bill would prohibit a person from storing or leaving a loaded firearm in an area in which a minor child is likely to gain access. This bill would make it a felony for a to fail to properly store a loaded firearm failure results in a minor child gaining to the firearm and injuring or killing himself, herself, or another person. This bill would also provide an exception if a minor child's access to a loaded firearm is a result of unlawful entry.


House Bill 310 (HB310) by Rep. David Standridge (R-Blount County) The Second Amendment to the United States Constitution provides that "the right of the people to keep and bear Arms, shall not be infringed." Also under the United States Constitution, all federal legislative power is vested in Congress, and before a bill may become a law, the bill must have been passed by the House of Representatives and the Senate and then presented to the President of the United States for his or her signature. The President may issue executive approval. of the United Sates, by executive order, a directive with the force of law. The order is not subject to congressional This bill would create the Alabama Second Amendment Protection Act to provide that when the President of the United States issues an executive order which limits or restricts the ownership, use, or possession of firearms, firearm accessories, or ammunition by law-abiding residents of the state, or otherwise attempts to limit the Second Amendment rights of the residents of this state in an unlawful manner, the executive order shall be deemed unenforceable by law enforcement officers of this state, and would specify that no law enforcement officer may be ordered, directed, or compelled to execute or administer the executive order. This bill would also prohibit the expenditure of state or local public funds for the enforcement of any such executive order.This bill would authorize the Attorney General to issue guidance to state and local officials to ensure uniform compliance with the act.


House Bill 66 (HB66) by Rep. Shane Stringer (R-Baldwin County, Mobile County) Under existing law, no person is authorized to carry a concealed weapon or an unsecured firearm in his or her vehicle unless the person has a valid Alabama permit to carry a concealed weapon. Also under existing law, when a person commits a crime of violence, the possession of a pistol without a permit is prima facie evidence of the intent to commit the crime. This bill would repeal certain restrictions on the carrying or possession of a firearm on certain property or in a motor vehicle by persons with or without a concealed pistol permit. The bill would revise certain restrictions on the carrying or possession of firearms at certain locations, and would revise the definition of a courthouse annex, one of the locations in which carrying or possession of a firearm is prohibited. This bill would revise the presumption that a person carrying a pistol without a pistol permit is prima facie evidence of intent to commit a crime of violence. This bill would eliminate the requirement for a person to obtain a concealed carry permit in order to lawfully carry a pistol. This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.


Senate Bill 8 (SB8) by Sen. Gerald Allen (R-Picken County, Tuscaloosa County) Under existing constitutional law, the federal government may not require a state or its officers to administer or enforce a federal regulatory program. This bill would propose an amendment to the Constitution of Alabama of 1901, to create the Alabama Firearm Protection Amendment, to provide that no public funds of this state or any political subdivision of this state may be allocated for the enforcement of, and, when acting in an official capacity, no appointed or elected official, officer, employee, or agent of the state, or any political subdivision thereof, shall enforce, any executive order issued by the President of the United States that becomes effective after January 1, 2021, which limits or restricts the ownership, use, or possession of firearms, ammunition, or firearm accessories by law-abiding residents of the state.


House Bill 14 (HB14) by Rep. Parker Moore (R-Limestone County, Madison County) Under existing constitutional law, the federal government may not require a state or its officers to administer or enforce a federal regulatory program. This bill would prohibit the state and its agencies and political subdivisions from participating in the enforcement of any federal act, law, order, rule, or regulation relating to firearms, firearm accessories, or ammunition, and would provide criminal penalties for a violation. Under existing constitutional law, the United States Congress is given the authority to regulate interstate commerce. This bill would provide that firearms, firearm accessories, and ammunition that are manufactured in this state and remain in this state, and are therefore only engaged in intrastate commerce, are not subject to federal law or regulation, including registration, under the authority of the United State Congress to regulate interstate commerce.


House Bill 7 (HB7) by Rep.












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