HB478 Alabama 2018 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2018

Title

Firearms, Gun Protection Violence Act

Summary

HB 478 creates the Gun Violence Protective Order Act, allowing courts to issue ex parte and one-year gun violence protective orders that require surrender of guns to prevent imminent danger.

What This Bill Does

It authorizes two types of orders: ex parte gun violence protective orders (issued without the respondent present) and one-year protective orders after a hearing. When such an order is issued, the respondent must surrender all guns and ammunition to local law enforcement. Violating the order can lead to criminal penalties. The bill also sets out procedures for issuing, renewing, or terminating orders and requires reporting to state databases and the federal background check system.

Who It Affects

• Respondents—individuals who own, purchase, control, or possess guns and are deemed to pose an immediate or ongoing danger; they must surrender firearms and may face penalties for violations.
• Petitioners (law enforcement officers or family members who file for orders)—they file petitions, may provide notice, and participate in hearings to obtain protective orders.

Key Provisions

• Establishes the Gun Violence Protective Order Act with two orders: ex parte and one-year protective orders.
• Ex parte orders can be issued immediately if the court finds an immediate danger; include surrender requirements and must be served on the respondent.
• One-year orders are issued after a hearing if the court finds a significant danger; include surrender requirements and may be renewed or terminated.
• Relinquishment and disposal: requires surrender of all guns/ammunition to police, with receipts and storage provisions; may involve warrants for hidden firearms and fees for storage.
• Return or disposal after expiration: surrendered guns may be returned if the respondent is eligible; otherwise, they may be sold to a licensed dealer or disposed of after certain notice and time.
• Reporting and data: courts must notify ALEA; orders are entered into a statewide system and shared with the National Instant Background Check System (NICS).
• Penalties: false or harassing petitions are Class C misdemeanors; violations of an order are Class C misdemeanors with a 5-year prohibition on gun ownership for the violator.
• Local funding note: the bill acknowledges potential local fund impacts but is exempt from Amendment 621 requirements due to specific exceptions.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Firearms