SB70 Alabama 2013 Session

Session

Regular Session 2013

Title

Firearms, certain federal laws regulating semi-automatic firearms or limiting the size of a magazine of a firearm rendered unenforceable, criminal penalty for enforcement by federal officials, Attorney General to defend residents for federal violations

Description

This bill would provide that any federal law attempting to ban semi-automatic firearms or to limit the size of a magazine of a firearm or any other limitation on firearms in this state shall be unenforceable.

This bill would provide that any official, agent, or employee of the United States government who enforces or attempts to enforce any act, order, law, or rule or regulation adopted by the federal government upon a personal firearm, firearm accessory, or ammunition, that is manufactured commercially or privately in this state and that remains exclusively within the borders of this state is guilty of a Class C felony.

This bill also would authorize the Attorney General to defend a citizen of this state who is prosecuted by the federal government for a violation of a federal law relating to the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition owned or manufactured and retained exclusively in this state.

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.

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.

Relating to firearms, to provide that any federal law banning or attempting to ban semi-automatic firearms or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in this state; to provide criminal penalties; to authorize the Attorney General to defend state citizens for certain violations of federal law relating to firearms manufactured or retained in this state; 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.

Subjects

Firearms