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  • Writer's pictureTara Bailey

Gun Legislation in Alabama

Updated: Sep 3, 2023

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 legislation from 2022 and 2023 involving firearms in our state.


Click on the bill number below get to the section of the blog with links to the bill language as well as any video discussions The Alabama Channel captured about the bill.


 

2023 (Bills that have been discussed in the legislature)


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

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.


Alabama House Judiciary Committee - HB64

Alabama House of Representatives - HB64


Alabama Senate Judiciary Committee - HB64

Alabama Senate - HB64


HB64 In The News

AL.com • Apr 06, 2023


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

NRA ILA • Apr 12, 2023


Alabama Daily News • Mar 30, 2023


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



 

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 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.


Status: Indefinitely Postpone


Alabama House Public Safety and Homeland Security Committee - HB301

Alabama House Judiciary Committee - HB301


 

House Bill 392 (HB392) Relating to firearms; to provide prohibitions on the use, ownership, or possession of a firearm under certain conditions; 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 Section 111.05 of the Constitution of Alabama of 2022.


Alabama House Judiciary Committee - HB 392

Alabama House of Representatives - HB392

Alabama Senate Judiciary Committee - HB 392


 

Senate Bill 158 (SB158) by Senator Chris Elliott - Relating to the state firearms prohibited person database; to amend Section 22-52-10.1, Code of Alabama 1975, to require the judge of probate to report an order, or any modification to a previous order, of involuntary commitment to the Alabama State Law Enforcement Agency; to require circuit judges to report any order of involuntary commitment to the Alabama State Law Enforcement Agency; and to require the Alabama State Law Enforcement Agency to enter an order, or any modification to a previous order, for involuntary commitment received by a judge of probate or a circuit judge, for entry into the database.


Alabama Senate Judiciary Committee - SB158

Alabama Senate - SB158

Alabama House Public Safety and Homeland Security Committee - SB158


Alabama House of Representatives - SB158


 

House Bill 341 (HB341) by Representative Parker Moore - Relating to Morgan County; to amend Section 45-52-233.02, Code of Alabama 1975, to further provide for the maintenance of abandoned and stolen personal property by the sheriff; to add Sections 45-52-233.04 through 45-52-233.09, inclusive, to the Code of Alabama 1975, to authorize the sheriff to sell certain abandoned, stolen, and unclaimed property at public auction; to provide for the auction and for the disposition of proceeds; to authorize the sheriff to sell or destroy certain, stolen, or unclaimed firearms; and to make nonsubstantive, technical revisions to update the existing code language to current style.


Alabama House of Representatives - HB341

*Note: This bill was heard in the Local Legislation committee, but the meeting wasn't llivestreamed by the legislature.


 

2023 (Bills filed by legislators that were never discussed in the 2023 session)


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.


*No Video Found for HB181

 

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.

 

House Bill 514 (HB514) Under existing law, a public official or employee is prohibited from enforcing any executive order issued by the President of United States which restricts the use, ownership, or possession of firearms and related accessories. This bill would prohibit any state agency, state or local law enforcement agency, or political subdivision from enforcing any red flag law in this state. This bill would provide a cause of action for the enforcement of a red flag law.

 

House Bill 462 (HB462) This bill would prohibit the possession, sale, or transfer of an assault weapon or large-capacity magazine under certain circumstances. This bill would provide procedures to register an assault weapon and large-capacity magazine. This bill would provide criminal penalties for violations. Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

 

House Bill 451 (HB451) Relating to firearms; to create the Voluntary Alabama Firearms Do-Not-Sell List; to allow an individual to voluntarily add himself or herself to the list; to establish procedures for an individual to be removed from the list; to prohibit certain actions regarding individuals on the list; to provide penalties for certain violations; 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 Section 111.05 of the Constitution of Alabama of 2022.


House Bill 386 (HB386) by Representative Phillip Ensler - Under existing law, it is unlawful for individuals to posses certain types of firearms. This bill would provide that no person may possess or sell a firearm that does not have a serial number as required by federal law. This bill would establish a penalty for a violation. Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Status: Assigned to Alabama House Public Safety and Homeland Security, but was never heard in committee.


House Bill 385 (HB385) by Representative Phillip Ensler - This bill would prohibit persons from possessing any part or combination of parts designed or intended to convert a firearm into a machine gun. This bill would establish a penalty for violating this prohibition. Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Status: Assigned to Alabama House Public Safety and Homeland Security, but was never heard in committee.


House Bill 383 (HB383) by Representative Phillip Ensler - This bill would establish the Red Flag Protective Order Act. This bill would authorize courts to issue ex parte red flag protective orders and one-year red flag 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 red flag 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 red flag protective order under certain conditions. This bill would provide criminal penalties for a violation. Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Status: Assigned to Alabama House Public Safety and Homeland Security, but was never heard in committee.



 

2022 (Bills that were discussed in the 2022 legislative session)


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

Novogradac State HTC Program Descriptions Jul 13, 2016

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

 

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

WIAT - CBS42.com • Dec 28, 2022


The Cullman Tribune • Jan 03, 2023


WKBN.com • Jan 05, 2023


WFLA • Jun 28, 2022


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 the 2022 session)


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.














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