SB401 Alabama 2010 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

Democrat

Session

Regular Session 2010

Title

Criminally negligent storage of a firearm, crime established, penalties

Summary

SB401 would make it a crime to negligently store a firearm if a minor could access it, with escalating penalties if a minor obtains the gun and injures or kills someone.

What This Bill Does

Creates a new crime called criminally negligent storage of a firearm. The penalties escalate from a Class A misdemeanor (third degree) to a Class C felony (second degree) to a Class B felony (first degree) depending on whether a minor obtains the firearm and whether an injury or fatality results. It requires firearm owners to store guns in a locked container or carry them on the person or keep them within close proximity to prevent minor access, with the minor defined as someone under 17. There is an exception if a minor’s access results from unlawful entry by someone else. The bill interacts with a constitutional provision about local funding but is exempt from those local-funding requirements because it creates or changes a crime.

Who It Affects

• Firearm owners, parents, and guardians who must securely store firearms or face criminal charges if a minor accesses the gun.
• Minors under 17, who could gain access to firearms and which could trigger charges against the firearm owner and, in some cases, lead to injuries or fatalities.

Key Provisions

• Section 1: Prohibits storing or keeping a firearm on premises if a minor is likely to access it, unless the firearm is in a securely locked box or container, or carried on the person, or kept within close proximity.
• Section 2: Third-degree offense (Class A misdemeanor) if a person violates Section 1 and a minor obtains the firearm and a report is filed with law enforcement.
• Section 3: Second-degree offense (Class C felony) if a person violates Section 1 and a minor obtains the firearm and an injury occurs.
• Section 4: First-degree offense (Class B felony) if a person violates Section 1 and a minor obtains the firearm and a fatality occurs.
• Section 5: The provisions do not apply if the minor’s access results from unlawful entry by any person.
• Section 6: The bill is exempt from further requirements under Amendment 621 because it defines a new crime or amends the definition of an existing crime.
• Section 7: The act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses