HB265 Alabama 2019 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2019

Title

Firearms, Gun Protection Violence Act

Summary

HB 265 would create a Gun Violence Protective Order system that lets courts temporarily or for a year remove firearms from people judged to be a danger and set penalties for violations.

What This Bill Does

It authorizes ex parte gun violence protective orders and one-year orders when a respondent poses an immediate danger of personal injury. It requires surrender of all firearms and ammunition to local law enforcement for those named in the orders and sets rules for renewing or ending the order. It establishes penalties for filing false petitions and for possessing firearms while under an order, and it requires reporting of orders to state and national background systems and handling of surrendered firearms, including storage and potential disposal or return after background checks.

Who It Affects

• Respondents: individuals who own, purchase, control, possess, or receive firearms and are found to pose a substantial or immediate danger; they must surrender firearms and may be prohibited from having guns for a period.
• Petitioners: law enforcement officers, teachers, or family members who file for a gun violence protective order and may participate in notices and hearings.
• Law enforcement agencies: responsible for serving orders, taking possession of surrendered firearms, storing them, issuing receipts, and reporting orders to ALEA and NICS.
• Local governments: potential new costs to implement and enforce these orders (subject to specified constitutional exemptions in the bill).

Key Provisions

• Establishes the Gun Violence Protective Order Act, creating ex parte orders and one-year orders when danger is shown.
• Requires surrender of all firearms and ammunition of the subject to local law enforcement at issuance and provides procedures for surrender, storage, and potential disposal.
• Sets criteria for ex parte orders (immediate danger) and for one-year orders (preponderance of evidence) and provides timelines for hearings and renewal.
• Provides penalties for false petitions and for violating orders (Class C misdemeanor; five-year prohibition on firearms for violators).
• Requires reporting of orders to ALEA and inclusion in the national background check system; preserves or clarifies data privacy and disclosure rules.
• Defines key terms (ex parte order, one-year order, petitioner, respondent) and outlines processes for termination, renewal, and returns of surrendered firearms.
• Affirms that the act does not change other law enforcement authority and clarifies local funding exceptions related to Amendment 621.

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