SB133 Alabama 2013 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Session

Regular Session 2013

Title

Judge of probate, mental commitments, report to Alabama Criminal Justice Information Center, use for federal background checks regarding purchase of firearms, petition for reinstatement after release from mental commitment to circuit court, appeals to circuit court, use of ACJIC records by probate court, Law Enforcement Information Act, Sec. 22-52-10.8 am'd.

Summary

SB133 updates how involuntary mental health commitment orders involving firearms are reported to state and federal background systems and adds a civil process to restore firearm purchasing rights, with expanded probate court and ACJIC involvement.

What This Bill Does

It requires final inpatient commitment orders that show a history of inappropriate firearm use or threats to be forwarded to the Alabama Criminal Justice Information Center (ACJIC) and entered into the CJIS and NICS systems, with records limited to firearm eligibility information and excluding confidential medical data. It creates a district court civil petition process to review a person's mental capacity to purchase a firearm, allowing evidence, findings, and a potential relief order. If relief is granted, the prior order must be removed or redacted from NICS, and the petitioner may appeal a denial to the circuit court on a de novo basis; the act also defines "inappropriate" as unlawful or with reckless disregard for human life and sets a 42-day appeal window.

Who It Affects

• Individuals adjudicated mentally deficient or involuntarily committed who want to buy a firearm; their records may affect eligibility and they may petition for relief to regain firearm purchasing rights.
• Judges of probate, ACJIC staff, and law enforcement entities; they will forward orders, access ACJIC systems, and manage the inclusion and removal of records in NICS related to these cases.

Key Provisions

• Amends Section 22-52-10.8 to require that certain involuntary inpatient commitment orders be forwarded to ACJIC and entered into CJIS and NICS for determining firearm eligibility, with no confidential medical or personal data included.
• Authorizes a civil petition in district court to review mental capacity to purchase a firearm, requiring a written decision with findings and allowing relief if the petitioner is unlikely to be dangerous and public safety would not be harmed; if relief is granted, directs ACJIC to remove the prior order or redact it from NICS and allows a de novo circuit court appeal within 42 days.
• Section 2 allows ACJIC, to the extent allowed by its commission, to give probate judges access to ACJIC information systems for involuntary hearings, name changes, and related functions.
• Section 3 designates the act as the Law Enforcement Information Act, honoring specified law enforcement officers.
• Section 4 makes the act effective immediately upon 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

Judge, Probate