SB286 Alabama 2013 Session

Sponsors

Session

Regular Session 2013

Title

Firearms, preemption of, municipalities to regulate under limited conditions, possession of a pistol further provided for, possession of in motor vehicles under certain conditions, pistol permits, further provided for, revocation and appeal of denials, business license tax for gun shows, further provided for, use of force to protect business property or self authorized, Sec. 11-45-1.1 repealed; Secs. 11-80-11, 13A-3-23, 13A-11-7, 13A-11-52, 13A-11-70, 13A-11-73, 13A-11-75, 13A-11-85, 40-12-143 am'd.

Description

<p class="bill_description"> This bill would consolidate certain preemption language regarding the authority of counties and municipalities to regulate certain activity related to firearms and would provide civil remedies for persons adversely affected by unauthorized action of a county or municipality relating to firearm regulation</p><p class="bill_description"> This bill would provide for the possession of a pistol in a motor vehicle and would provide that the mere presence of a pistol in a vehicle does not create a presumption that the pistol is concealed</p><p class="bill_description"> This bill would provide that lawfully carrying a firearm under certain conditions does not, in and of itself, constitute the crime of disorderly conduct</p><p class="bill_description"> This bill would require a sheriff to issue or deny a concealed pistol permit within 30 days of receipt of the application and accompanying fees, would specify that the license must be renewed from one to five years from the date of issuance, would provide for the revocation of licenses, and would provide an appeals process for license denials and revocations</p><p class="bill_description"> This bill would specify certain eligibility requirements for the issuance of a pistol permit and would further provide for the permit fee</p><p class="bill_description"> This bill would provide for the issuance of pistol permits to applicants who are not United States citizens under certain conditions and would authorize employers to restrict employees from carrying concealed pistols under limited circumstances</p><p class="bill_description"> This bill would require a report from the National Instant Background Check System as part of the investigation process relating to the issuance of a concealed pistol permit</p><p class="bill_description"> This bill would authorize the Attorney General to enter into reciprocal agreements with other states for the mutual recognition of licenses to carry pistols</p><p class="bill_description"> This bill would further provide for the carrying of a pistol on public and private property in certain locations</p><p class="bill_description"> This bill would allow employees to transport or store a firearm in the employee's privately-owned motor vehicle under certain conditions and would prohibit an employer from inquiring whether the employee is transporting or storing a firearm in a vehicle and would provide certain remedies for employees</p><p class="bill_description"> This bill would require state and local entities to allow certain persons on property of the state or local entity to check a firearm at a designated entrance for secure storage while the person is on the property</p><p class="bill_description"> This bill would specify that a person or business entity has no duty to guard against the criminal acts of a third party relating to firearm use or otherwise</p><p class="bill_description"> This bill would prohibit a business entity or property owner or legal possessor from establishing policies against persons transporting or storing a firearm or ammunition when the person is otherwise in compliance with all other applicable laws under certain conditions and would provide certain remedies for violations</p><p class="bill_description"> This bill would repeal the prohibition against the possession of a firearm at a public demonstration</p><p class="bill_description"> Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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</p><p class="bill_description"> 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</p><p class="bill_entitled_an_act"> Relating to firearms; to amend Section 11-80-11, Code of Alabama 1975, to consolidate certain preemption language regarding the authority of counties and municipalities to regulate certain activity related to firearms; to provide civil remedies to persons adversely affected by unauthorized action of a county or municipality relating to firearm regulation; to amend Section 13A-11-7, Code of Alabama 1975, to provide that the lawful carrying of a firearm under certain conditions does not constitute the crime of disorderly conduct; to amend Section 13A-11-73, Code of Alabama 1975, to further provide for the possession of a pistol in a motor vehicle; to provide that the mere presence of a pistol in a vehicle does not create a presumption that the pistol is concealed; to amend Section 13A-11-75, Code of Alabama 1975, to require a sheriff to issue a concealed pistol permit within a certain time frame; to increase the renewal period; to provide certain eligibility requirements for the issuance of the permit; to provide for the revocation of a permit; to provide an appeals process for denials and revocations of permits; to further provide for the permit fee; to provide for the issuance of permits to applicants who are not United States citizens under certain conditions; to require a report from the National Instant Background Check System as part of the investigation process relating to the issuance of a concealed pistol permit; to amend Section 13A-11-85, Code of Alabama 1975, to authorize the Attorney General to enter into reciprocal agreements with other states for the mutual recognition of licenses to carry pistols; to allow employees to transport or store a firearm in the employee's privately-owned motor vehicle under certain conditions; to prohibit an employer from inquiring whether the employee is transporting or storing a firearm in a private vehicle; to prohibit a business entity or property owner or legal possessor, from establishing policies against persons transporting or storing a firearm or ammunition when the person is otherwise in compliance with all other applicable laws under certain conditions; to further provide for the carrying of pistols on private and public property; to require certain procedures for checking and storing firearms on property of the state and political subdivisions thereof; to specify that a person or business entity has no duty to guard against the criminal acts of a third party; to repeal Section 11-45-1.1, Code of Alabama 1975, relating to the authority of a municipality to enact ordinances relating to handguns, Section 13A-11-52, Code of Alabama 1975, relating to the carry of a pistol on the property of another, and Section 13A-11-59, Code of Alabama 1975, relating to the possession of firearms by persons participating in or attending demonstrations at public places; 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. </p>

Subjects

Weapons